Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
February 18, 2011

Deeds of Gift again

I had explained some aspects of deeds of gift some time ago and since the deed of gift has recently come under public attention, I will engage you in this discussion for your understanding.

No tax break for those outside the Act

A deed of gift is one of the methods of transferring lands. First, I must say that any one can transfer lands by way of a deed of gift, and that includes transfers to relatives and strangers. With a deed of gift, there is no monetary consideration.{{more}} The consideration is for love and affection, and this is stated in the document. The recipient does not have to pay the donor for the land. In other words, there is no money transaction. However, like other conveyances, stamp duties have to be paid. So the value of the land has to be assessed, and whereas the vendor and the purchaser would each pay 5% stamp duty in the regular conveyance by sale, the recipient (donee /grantee) of the land pays 10% stamp duty. In this type of Deed of Gift, where stamp duty is paid, there is no exemption as that given under section 24 of the Stamp Act.

Helping families

When the Stamp Act was passed, the legislator saw it fit to help families. This represents the benevolence of the lawmakers in giving families tax breaks. This perhaps was the same rationale for removing the strangulating death dues on family homes in 1992. The legislators saw a way of helping families and they decided to help them by exempting them from certain stamp duties. This exemption is given under Section 24, Cap 318 of the Stamp Act.

Section 24

Section 24 is captioned Conveyance or transfer operating as a voluntary Disposition inter vivos or any transaction where the sale price is not the open market price.

ss. (1) states that no stamp duty shall be payable in respect of any conveyance or transfer operating as a voluntary disposition inter vivos without consideration in money or money’s worth between;

(a) parents and children ( including grand-children , great grand children , great-great grand children and great-great -great grand children) ;

(b) brothers and sisters (either of the whole blood or half blood)

(c) spouses, including transfers made within three years of a decree absolute, whether such transfers are voluntary or made pursuant to an order of the High Court in connection with a property settlement.

Provided that the status of Children’s Act shall apply for the purpose of establishing the relationships mentioned in paragraphs’ (a) and (b).

I will simplify further (c) above. A husband who has divorced his wife or vice versa can get the exemption within 3 years of the divorce. A child whose father was recognized through the Status of Children’s Act could obtain the exemption.

It was this generosity of the legislator that was intended to come to an end under the tax man’s axe. Some parts would be jettisoned because the state needs money and this benevolence towards its people will come to an end. It will, however, remain for spouses, parents and children.

The legislator carefully crafted the Act so that there could be no abuse. If there is any abuse, then the provisions under the Act could be invoked. A declaration must be made by the lawyer and signed before the Registrar in which he declares that to the best of his own personal knowledge information and belief after all due and diligent and proper inquiries, the transaction is a bona fide transfer of property. It goes on to provide punishment for any reckless statement and for persons who set out to deceive. I will expand on this last part later. Enjoy.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    We never said we were going to reduce VAT in 60 days – Bramble
    Front Page
    We never said we were going to reduce VAT in 60 days – Bramble
    Forrest 
    March 20, 2026
    Minister of Foreign Affairs and Foreign Trade, Dwight Fitzgerald Bramble, said that the New Democratic Party did not, during the 2025 general election...
    Spiritual Baptists honour former Prime Minister
    Front Page
    Spiritual Baptists honour former Prime Minister
    Forrest 
    March 20, 2026
    Members of the Mt. Zion Converted Spiritual Baptist Church of Top Questelles, hosted a thanksgiving celebration for Opposition Leader Dr. Ralph Gonsal...
    Some teachers just collecting a salary – Minister Jackson
    Front Page
    Some teachers just collecting a salary – Minister Jackson
    Forrest 
    March 20, 2026
    When students are sent from the primary school environment to the secondary school setting and are unable to read and write, that creates a frustratin...
    Garifuna chefs share indigenous cuisine at KTI
    Front Page
    Garifuna chefs share indigenous cuisine at KTI
    Forrest 
    March 20, 2026
    Garifuna Chefs Olga Leiva, Zulma Bermudez, Silvia Leiva y Nilson Gamboa, part of the visiting Garifuna delegation for the National Hero's Day celebrat...
    Samuel brothers each fined over $11,000 for drugs
    Front Page
    Samuel brothers each fined over $11,000 for drugs
    Forrest 
    March 20, 2026
    Two brothers from Chateaubelair were ordered to cough up over $11,000 each in six months for illegally possessing and trafficking over 26,000 grammes ...
    Minivan culture sends signal of lawlessness, says Education Minister
    Front Page
    Minivan culture sends signal of lawlessness, says Education Minister
    Forrest 
    March 20, 2026
    The omnibus, public transportation culture in St Vincent and the Grenadines (SVG) is sending a message to young people that we are a reckless society ...
    News
    Southern Caribbean Corridor study on Transnational Organised Crime launched
    News
    Southern Caribbean Corridor study on Transnational Organised Crime launched
    Forrest 
    March 20, 2026
    As the Southern Caribbean becomes increasingly central to global smuggling networks and in a historic demonstration of cross-continental cooperation, ...
    Many male students ‘just need a big brother’ – Minister
    News
    Many male students ‘just need a big brother’ – Minister
    Forrest 
    March 20, 2026
    Statistics show that male students in St Vincent and the Grenadines (SVG) are significantly over represented in risk categories such as school repetit...
    The Imperative of South–South Cooperation for Developing Countries
    News
    The Imperative of South–South Cooperation for Developing Countries
    Forrest 
    March 20, 2026
    By Deodat Maharaj Multilateralism as we know it is going through a seismic shift. Old alliances are being tested with clearly defined spheres of influ...
    St Kitts and Nevis Prime Minister confirms humanitarian aid to Cuba within weeks
    News
    St Kitts and Nevis Prime Minister confirms humanitarian aid to Cuba within weeks
    Forrest 
    March 20, 2026
    Prime Minister of St Kitts and Nevis, Dr. Terrance Drew has reaffirmed the Government of St. Kitts and Nevis’ commitment to regional solidarity, annou...
    Ministers visit Bequia to assess housing issues
    News
    Ministers visit Bequia to assess housing issues
    Forrest 
    March 20, 2026
    Residents of Bequia who are still affected by housing challenges resulting from the passage of Hurricane Beryl on July 1, 2024 received a visit from t...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok