Background
- Mr. A is 100% shareholder of H Ltd (a Hong Kong company);
- H Ltd owns a Hong Kong property for long term investment and no finance required from bank.
- Mr. A needs to sell the property to Mr. B;
- Market value of the property is HK$ 5,000,000;
- If H Ltd sells the property to Mr. B, stamp duty payable is around 3% of HK$ 5,000,000 = HK$ 150,000 (the rate as at 7/2008);
- If Mr. A sells share of H Ltd to Mr. B, then, Mr. B owns the property indirectly.
- Share transfer stamp duty is HK$ 1 per HK$ 1,000 value;
- Therefore, stamp duty will be around HK$ 5,000,000 / 1,000 = HK$ 5,000;
- Even both buyer and seller need to pay the stamp duty, it is only around HK$ 10,000;
- There is saving of around HK$ 140,000.


