# Gibraltar property conveyance and mortgage stamp duty v0.6

**Source-cited draft. Independent review pending.** Scope: ordinary conveyances, the stated buyer relief, specified special duty and principal mortgage security. This is not a complete property-tax Guide. The official index identifies 23 December 2024 as the current consolidation on the access date.

> **General reference only.** This Guide is general tax/accounting reference material for AI-assisted workflows. It has not been reviewed for any specific person's facts, documents, elections, deadlines, residency, filing status, or local procedures. Do not rely on it to file, pay, amend, or take a tax position without review by a qualified professional in the relevant jurisdiction.

## Who this applies to

### Unresolved amendment status

[Bill B05/2025](https://www.parliament.gi/uploads/contents/bills/2025/2025B05.pdf) proposes changes to special-duty resales, senior downsizing, off-plan transactions and qualifying-buyer treatment above £800,000. It appears on the [16 March 2026 parliamentary agenda](https://www.parliament.gi/uploads/contents/agenda/2026/Revised%20Agenda%20-%20Monday%2016%20March%202026.pdf). The official Act index still identifies the December 2024 consolidation; an enacted amendment and its final commencement provisions have **not been verified**. A Bill and an agenda do not prove enactment. The computations below reproduce the cited consolidation, and must not be treated as confirmation of current transaction liability until this status gap is resolved, particularly for affected resale and buyer-relief cases.

## Rates, bands and thresholds

### Statutory calculation

Schedule 1 distinguishes whole-property value from consideration. For ordinary conveyances:

| Whole-property value | Duty on consideration | Official source |
|---|---|---|
| Up to £200,000 | Zero | https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf |
| Above £200,000 through £350,000 | 2% on first £250,000; 5.5% on excess | https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf |
| Above £350,000 | 3% on first £350,000; 3.5% on next £450,000; 4.5% above £800,000 | https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf |

These are alternative schedules, not one continuous marginal table. First/second-buyer treatment has separate eligibility and bands, set out below. Establish the property and transaction category before using a rate table. [Stamp Duties Act 2005, ss19A–19C and Schedule 1, pp13–14 and 28; accessed 22 October 2026](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

## The base

### Qualifying first- and second-time buyers

Section 19A defines a first-time buyer as an **individual** who has not previously purchased property subject to duty where the Gibraltar real property consisted of residential property. A second-time buyer has done so on only one previous occasion. Check the statutory Gibraltar-property history, not simply whether the person currently owns a home. A company does not meet the individual definition. [Section 19A(1)](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

Schedule 1 paragraph (1A) requires **every purchaser** to be a first- or second-time buyer and the Gibraltar property conveyed to consist entirely of residential property for use as a single dwelling. The instrument must be accompanied by the Commissioner's required certificate establishing the buyer status of each purchaser. Knowingly or recklessly false/misleading certification is an offence; the current form and supporting evidence requirements need confirmation. [Section 19A(2)–(3), Schedule 1 conveyance paragraph (1A)](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

| Eligible conveyance: slice of consideration | Duty |
|---|---|
| First £300,000 | 0% |
| Above £300,000 through £350,000 | 5.5% |
| Above £350,000 through £800,000 | 3.5% |
| Above £800,000 | 4.5% |

All figures: [Schedule 1, conveyance paragraph (1A)](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf), current text checked for 2026. These are consideration slices for the eligible category, not an exemption that ends when the price exceeds £300,000.

### Specified affordable-housing transactions

Section 19B applies to a residential sale/transfer at **Beach View Terraces or Mons Calpe Mews within ten years of the first underlease assignment from Gibraltar Residential Properties Limited**. It requires a Commissioner's certificate and imposes additional duty payable by the **vendor or transferor**, in addition to other duty. The Schedule 1 certificate entry sets this at **7.5% of the amount or value of consideration**. Do not charge this to every Gibraltar resale or assume buyer relief removes it. [Section 19B(1)–(4), Schedule 1 certificate entry](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

The Land Management Committee can direct non-payment for a forced sale or meritorious upgrade to a qualifying relevant property. That is a discretionary direction, not an automatic exemption on assertion of hardship. Government and Gibraltar Residential Properties Limited are exempt. Non-payment can lead to refusal to register the conveyance. Record the first assignment date, estate, consideration and any actual exemption direction before applying the special duty. [Section 19B(5)–(8)](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

For an assumed covered sale at £400,000, within the ten-year period and without a direction or exempt seller, special duty is **£30,000**. An eligible buyer's £4,500 conveyance computation remains a separate item. Combining them for a transaction reconciliation gives £34,500 but does not change who owes the special £30,000.

Section 19C separately exempts the **first assignment of an underlease** at qualifying affordable housing estates developed by Government **after section 19C came into effect**, from ad-valorem duty. The definition requires residential property prescribed by the Minister in writing. Obtain the relevant prescription; the phrase “affordable housing” in marketing or a later resale does not by itself establish this exemption. [Section 19C](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

### Principal mortgage security

For the only/principal/primary security, other than an equitable mortgage, Schedule 1's mortgage entry charges **£0.13 per £100 or fractional part** where the sum repayable does not exceed £200,000, and **£0.20 per £100 or fractional part** where it exceeds £200,000. The threshold selects the rate for the secured amount; it is not a progressive slice calculation. Collateral, substituted and equitable securities and releases have separate entries and must be classified separately. [Schedule 1, mortgage entry (1)–(5); section 35](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

## Deadlines and filing

### Stamping, responsibility and late instruments

Sections 4A–4B provide for electronic stamp certificates. A certificate can record payment, that no duty is chargeable, or that the duty depends on duty paid on another instrument; issuing it constitutes the Commissioner's assessment and stamping for the specified duty or penalty. An electronic submission or bank payment alone is not the certificate. Retain the certificate corresponding to the actual instrument. Current portal access, payment instructions and attachment requirements remain to be tested. [Sections 4A–4B](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

For Schedule 2 instruments chargeable with ad-valorem duty, section 16(3)(a) requires seeking a stamp certificate **before six months expire after first execution**. If the Commissioner's opinion is requested, the instrument must be stamped according to the assessment **within fourteen days after notice of it**. Section 11 permits a request for an opinion on an executed instrument on payment of the prescribed fee; section 13 permits the Commissioner to require evidence before proceeding. These are distinct steps and clocks. The six-month application limit is not described here as a penalty-free grace period: section 16(1) separately governs stamping after execution. [Sections 11, 13 and 16](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

Schedule 2 identifies the purchaser/transferee for a conveyance on sale, grantor/transferor for a voluntary lifetime disposition and lessee for a lease. Its mortgage/security entry names the mortgagee or obligee, with separate treatment of transfers, reconveyances and redemption. Do not infer the statutory liable person solely from who economically funds the completion payment. Section 19B's vendor special duty remains a separate obligation. [Schedule 2 and section 19B](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

Unless another provision applies, section 16(1) permits post-execution stamping on paying unpaid duty plus the **greater of 10% of duty payable and £100**. Where unpaid duty exceeds **£1,000**, it also provides interest as a further penalty at **5% a year**, or another rate prescribed by Gazette notice, from first execution until interest equals the unpaid duty. This Guide has not verified whether a later notice changes that statutory default or the administrative day-count convention. Do not apply interest at exactly £1,000 under this threshold or compute a live interest figure without those checks. [Section 16(1)](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

Failure to comply with section 16(3)'s requirements can also trigger an offence with a level-4 maximum fine and a further penalty equal to unpaid duty. The subsection's reasonable-excuse qualification must be considered; do not present additional charges as an automatic calculation independent of the facts. Section 16(4) allows mitigation/remission of stamping penalties at the Commissioner's discretion with Ministerial consent, subject to other express provisions. Neither an application nor this Guide grants remission. [Section 16(3)–(4)](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

### Challenging a stamp-duty assessment

Section 14 provides an appeal to the **Supreme Court within 21 days after the assessment date**, on payment of duty in conformity with that assessment. A person can require a signed case from the Commissioner; it can be set down for hearing within **seven days after delivery**. Do not substitute an income-tax tribunal route or assume an appeal suspends payment. The Court can correct the assessment, order repayment of excess duty and consequential fine/penalty, or require additional duty and unpaid charges; costs can also follow. Court filing forms, service requirements and deadline extensions remain to verify. [Section 14](https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf).

## Penalties and interest

See [Stamping, responsibility and late instruments](#stamping-responsibility-and-late-instruments) in Deadlines and filing for this Guide's section 16 penalty and interest method, and “Base-penalty examples only” in Two worked examples that recompute for its controls. Those examples exclude interest, further penalties, court fines and other charges; they are not total settlement amounts. The limitations on later interest notices, day counting and actual settlement remain explicit in that method and Sources.

## Cross-border points

This job does not by itself determine foreign-country liability or replace a separate residence, treaty, payroll or foreign-tax-relief analysis. Preserve those conclusions separately using the linked country Guides and the facts identified below. No additional foreign exemption or claim method is established here.

## Two worked examples that recompute

**Buyer-status example:** for a £400,000 single dwelling with value equal to consideration, all purchasers qualifying and no special duty, the result is £50,000 × 5.5% + £50,000 × 3.5% = **£4,500**. If one joint purchaser is neither a first- nor second-time buyer, paragraph (1A) does not apply; with the same facts otherwise, ordinary duty is **£12,250**. A qualifying purchaser's ownership share does not make the whole instrument eligible.

```oa-check
name: Qualifying buyer versus ordinary conveyance at 400000
inputs:
  consideration: 400000
steps:
  - qualifying_duty: min(max(consideration - 300000, 0), 50000) * 0.055 + min(max(consideration - 350000, 0), 450000) * 0.035 + max(consideration - 800000, 0) * 0.045
  - ordinary_duty: min(consideration, 350000) * 0.03 + min(max(consideration - 350000, 0), 450000) * 0.035 + max(consideration - 800000, 0) * 0.045
expected:
  qualifying_duty: 4500
  ordinary_duty: 12250
```
**Mortgage boundary example:** £200,000 secured is 2,000 units × £0.13 = **£260**. At £200,001, round the number of £100 units up to 2,001 and use £0.20 throughout, giving **£400.20**. This is security duty, not conveyance duty or a fee on the property's purchase value.

```oa-check
name: Principal mortgage threshold and partial hundred
inputs:
  lower_security: 200000
  higher_security: 200001
steps:
  - lower_duty: ceil(lower_security / 100) * 0.13
  - higher_duty: ceil(higher_security / 100) * 0.20
expected:
  lower_duty: 260
  higher_duty: 400.20
```
**Base-penalty examples only:** where duty payable and unpaid duty are both £800, the section 16(1) base penalty is £100; where both are £2,000, it is £200. The second case also crosses the interest threshold. These figures exclude interest, any further penalty, court fine or other charge and are not total settlement quotes.

```oa-check
name: Late stamping base penalty before interest or further charges
inputs:
  smaller_duty_payable: 800
  larger_duty_payable: 2000
steps:
  - smaller_base_penalty: max(smaller_duty_payable * 0.10, 100)
  - larger_base_penalty: max(larger_duty_payable * 0.10, 100)
expected:
  smaller_base_penalty: 100
  larger_base_penalty: 200
```
### Worked boundary checks

Assume value equals consideration, with no relief or special duty:

- £200,000: £0.
- £250,000: £5,000.
- £350,000: £5,000 + £5,500 = £10,500.
- £400,000: £10,500 + £1,750 = £12,250.
- £900,000: £10,500 + £15,750 + £4,500 = £30,750.

The £200,000 exemption is not a universal deductible slice.

## Ask the client first

### Working-paper evidence

Record the instrument date, parties, consideration, independently supported whole-property value and legal character of the transaction. Ask the reviewer to confirm the chosen Schedule 1 category before using the arithmetic. Do not substitute the cash paid at completion for the entire consideration without examining the contract.

Attach a copy of the executed instrument or proposed execution version to the calculation. Keep valuation support separate from financing documents. Reconcile the calculation's consideration to the contract and explain any difference from the valuation. This is our preparation workflow, not an assertion that every listed document is a prescribed filing attachment.

## Sources

### Scope remaining

Complete relief eligibility and prescribed estate evidence, other security types, leases, indirect property investments, gifts, live electronic filing/payment operations, current interest notices and case-specific penalties remain unresolved. Income-tax treatment of rental profits and residential-property disposals is a separate question from stamp duty. Do not reuse this table for those transactions. A reviewer must check current amendments and the actual facts before filing or paying. No accountant attestation is claimed.

### Preserved source-read provenance

The dates below preserve the source reads recorded in the existing Guide. This structural repair does not claim a fresh verification of every old rule. New executable controls repeat the existing scenario assumptions; their exact responsive source excerpts and 31 October read scopes are recorded in the country repair ledger.

| Source | Official URL | Recorded read date |
|---|---|---|
| Bill B05/2025: proposed changes only; enactment not verified | https://www.parliament.gi/uploads/contents/bills/2025/2025B05.pdf | 2026-10-22 |
| 16 March 2026 agenda: B05/2025 listed, not proof of enactment | https://www.parliament.gi/uploads/contents/agenda/2026/Revised%20Agenda%20-%20Monday%2016%20March%202026.pdf | 2026-10-22 |
| Stamp Duties Act 2005, sections 4A–4B, 11–16, 19–19C and Schedules 1–2; 23 December 2024 consolidation | https://www.gibraltarlaws.gov.gi/uploads/legislations/stamp-duties/2005-73/2005-73(23-12-24).pdf | 2026-10-22 |

Not yet confirmed: Bill B05/2025 enactment/commencement; full relief/estate prescriptions, leases/gifts/indirect property/security categories, actual electronic certificate/payment, later interest notices, court procedure and case-specific liabilities remain unresolved. The country remains partial; this continuation does not grant professional attestation.