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
      • 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
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
February 25, 2011

Deed of gift again Pt:2

Sometimes I am unable to bring you what I promise because a new issue has taken centre place. I am asking for a bit of patience when this happens, but rest assured, I will get back to the topic when possible.

Last week we looked at provisions under section 24, Cap 318 of the Stamp Act (of the laws of St. Vincent and the Grenadines Revised Edition 1990) to exempt certain family members from stamp duties.{{more}} We also established that persons who are not named under the Act may obtain a deed of gift but must pay the stamp duties. A cousin, niece, nephew or uncle cannot get the exemption. However, if a brother or sister gives to a sister or brother, it could be passed on by a subsequent transfer to a niece without paying the duties. But the grantor who is an uncle or aunt cannot transfer directly to a niece without paying the stamp duties.

Shares in a company.

The exemption extends to shares in a company owned by parents and children, brothers and sisters and spouses. Pursuant to subsection 2 of section 24, the exemption “shall extend to and include any conveyance of transfer operating as a voluntary disposition of real or personal property to or from a company or corporation the shares in which the extent of fifty-one per centum or more are beneficially owned by a transferee or transferor who falls within the categories of persons specified in paragraph (1) (hereinafter referred to as the exempted individuals).”

In simple terms, parents, children, brothers, sisters and spouses can enjoy this benefit where there is a transfer of fifty-one percent or more of the shares that are beneficially owned. The shares must have been in the person’s possession for five or more years.

For natural love

As mentioned in a previous article, there are penalties in the Act for those who set out to deceive. So if you claim the exemption by transferring real or personal property to a person who is not your brother, sister, parent, child or spouse, you would be deceiving. Since the lawyer is making a declaration, he has a duty to ascertain that the relations are those that the law approves and the relationship should be on the face of the document. Hence, in giving land to her daughter, the document must have as consideration “for the natural love of Jean May her daughter”. Lawyers generally comply by indicating the same, and in my experience as Registrar I know of only one instance when the relationship was not given, and I asked for it to be given.

This is a small country and there are persons who the lawyer knows personally. However, the lawyer can confirm the relationship by requiring the recipient to produce a birth certificate.

Pointing fingers

I think it is disingenuous for persons to say that lawyers advise clients to claim the exemption in deeds of gift knowing that money is being passed. But then who would tell his or her lawyer about passing money? This is insulting the intelligence of persons out there. As it stands, money could pass for any of the categories. I don’t want to deal with hypothetical situations, but the exemption was given to help families.

It is the duty of the government to plug the loopholes wherever they exist, but I do not believe that a great amount of revenue is lost, for after all, how many brothers and sisters in SVG have enough to give property to siblings? But then you could say that any revenue is important. There is provision to deal with those persons who break the law. I will deal with the law in my next article, provided that no urgent issue arises.

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

  • FacebookComments
  • ALSO IN THE NEWS
    The puzzle of the missing plane…
    Front Page
    The puzzle of the missing plane…
    Mystery light aircraft located
    Webmaster 
    June 16, 2026
    A TWIN-ENGINE Beechcraft 58P aircraft that was reported missing since Friday, June 12, 2026 after it left the Argyle International Airport, has been l...
    Lowmans Leeward man disappears, mother fearing the worse
    Front Page
    Lowmans Leeward man disappears, mother fearing the worse
    Webmaster 
    June 16, 2026
    A LOWMAN’S LEEWARD MAN, Roman “Romey” Pierre, also known as “Rome” and “Mikhail” is missing and his mother MonishaYoung is fearing the worse. On Monda...
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Front Page
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Webmaster 
    June 16, 2026
    THREE-TIME defending Carnival Band of theYear Blondie Bird and Friends Mas Band, is hoping to extend its winning streak this year despite ongoing chal...
    Soca Monarch 2023 makes his return in 2026
    Front Page
    Soca Monarch 2023 makes his return in 2026
    Webmaster 
    June 16, 2026
    AFTER STEPPING AWAY from the competitive Soca arena to further his education, 2023 Ragga Soca Monarch Javid “Jay-R” Rouse says he is ready to make his...
    Ministry of National Security kicks off Public Service Week today
    Press Release
    Ministry of National Security kicks off Public Service Week today
    Webmaster 
    June 16, 2026
    THE MINISTRY OF National Security, through the Public Sector Reform Unit (PSRU), said it will be observing Public Service Day on June 23, 2026, with t...
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    Stubbs man killed in Grenada
    News
    Stubbs man killed in Grenada
    Webmaster 
    June 16, 2026
    FOR THE SECOND TIME this year, a Vincentian living abroad has been shot and killed. The latest Vincentian to succumb to gun violence overseas is Joshw...
    Court to hear from Ministry of Health on psychiatric reports
    From the Courts, News
    Court to hear from Ministry of Health on psychiatric reports
    Webmaster 
    June 16, 2026
    THE SERIOUS OFFENCES COURT (SOC) is asking that at least two professionals from the Ministry of Health appear in court during the first week in July t...
    North Leeward residents propose use from returns of Sand mining project
    News
    North Leeward residents propose use from returns of Sand mining project
    Webmaster 
    June 16, 2026
    NORTH LEEWARD RESIDENTS are calling for greater investment in their communities from proceeds generated through sand extraction activities in the Rose...
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    News
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    Webmaster 
    June 16, 2026
    WHILE former Prime Minister Ralph Gonsalves congratulated the newly appointed Permanent Secretaries, he said that the New Democratic Party(NDP) is beh...

    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