The Government of The Bahamas

28 of 1925
47 of 1926
2 of 1943
17 of 1948
7 of 1952
14 of 1952
29 of 1955
23 of 1956
24 of 1956
39 of 1958
41 of 1958
56 of 1959
7 of 1963
25 of 1963
43 of 1964
21 of 1967
27 of 1971
4 of 1972
25 of 1972
4 of 1973
E.L.A.O., 1974
34 of 1975
2 of 1976
14 of 1976
11 of 1982
8 of 1984
19 of 1984
8 of 1986
5 of 1987
22 of 1988
30 of 1989
4 of 1990
16 of 1990
18 of 1991
21 of 1991
7 of 1993
11 of 1994
23 of 1995
12 of 1996
19 of 1997
20 of 1997
17 of 1998
13 of 1999
31 of 2000

[Commencement 14th May, 1925]

1. This Act may be cited as the Stamp Act.

Short title.

2. In this Act, unless the context otherwise requires-

Interpretation.

"Bahamian" means-

(a)

a citizen of The Bahamas;

(b)

a company registered under the Companies Act in which not less than 60% of the shares are beneficially owned by "Bahamians";

"Eurobond" means a straight or convertible certificate of indebtedness including issues of debentures, notes or bonds, bearing a fixed or floating rate and being of short, medium or long term maturity, issued and payable in a currency other than Bahamian dollars;

"beneficially owned" shall be construed as in section 300 of the Companies Act;

"executed" and "execution" or "executing" with reference to instruments not under seal, mean "signed" and "signature" or "signing";

"instrument" means every written or printed or partly written and partly printed document;

"marketable security" means a security of such a description as to be capable of being sold in any stock market in the United Kingdom or in any other stock market for the time being approved for this purpose by the Minister of Finance by notice in the Gazette;

"Minister" means the Minister of Finance;

"rules" means rules made under this Act.

3. Subject to the exemptions contained in the Third Schedule to this Act there shall be raised, levied, collected and paid unto Her Majesty the Queen for the use and support of The Bahamas upon and in respect of the several instruments or transactions specified in the First and Second Schedules, the several duties in such Schedules specified.

Stamp duties imposed.

4. The duties imposed and regulated by this Act shall be denominated stamp duties, and shall be under the management of the Treasurer who shall have all necessary powers and authorities for carrying this Act into execution, subject however to the general control and direction of the Minister.

Name and management of duties.

5. Except as in this Act otherwise provided and except in the case of postage meter machines, the stamps to be used under this Act shall be adhesive.

Stamps to be adhesive.

6. The duties imposed by this Act may be made up by several stamps and stamps of greater value than is required may be used upon any instrument.

Duties may be made up by several stamps.

7. The Postmaster General, officers in charge of branch post offices, district postmasters, commissioners and such other persons as may from time to time be licensed by the Minister shall be authorised vendors of stamps.

Stamp vendors.

8. (1) Notwithstanding the provisions of section 4 of this Act, the Postmaster General shall have the custody, management and control of postage stamps.

Control and issue of postage stamps.

(2) The Postmaster General shall from time to time upon the requisition of officers in charge of branch post offices, district postmasters or commissioners issue postage stamps to them and take their receipts for such postage stamps.

(3) Subject to the rules, the Postmaster General shall from time to time sell postage stamps to persons licensed as authorised vendors under the provisions of section 7 of this Act.

9. (1) The Postmaster General, officers in charge of branch post offices, district postmasters and commissioners shall keep books in which transactions relating to the receipt and sale of postage stamps and to the prepayment of postage in the case of postage meter machines, shall be duly entered and such books shall be duly audited.

Postage stamps accounts and audit.

(2) All sums received by district postmasters, officers in charge of branch post offices and commissioners for the sale of postage stamps shall be paid to the Postmaster General and all such sums, together with sums received for the sale of postage stamps and for the prepayment of postage in the case of postage meter machines at the main post office in Nassau, shall be paid by the Postmaster General to the Treasury.

Postmaster General to make payments to Treasury.

10. (1) The value of stamps issued under any Act which may be casually destroyed or spoiled may be allowed for by the Treasurer subject to a deduction of ten per centum thereon, on proof being given to his satisfaction by declaration or otherwise of the stamps having been so destroyed or spoiled.

Spoiled stamps.

(2) The value of stamps on any document which may have been casually destroyed or damaged or any document which may have been drawn but not used or stamped in blank may be allowed by the Treasurer subject to a deduction of ten per centum thereon on proof being given to his satisfaction by declaration or otherwise of the documents having been destroyed, damaged, not used or stamped in blank:

Provided that all such damaged, unused or blank documents shall be produced to the Treasurer who shall cancel and make void such stamps.

(3) When a document has been over-stamped the Treasurer may cancel and make void and allow the value of the excess stamps, subject to a deduction of ten per centum or forty dollars thereon, whichever is the lesser amount, on proof being given to his satisfaction by declaration or otherwise of the document having been so over-stamped.

(4) No public officer shall be liable for the value of any stamps casually destroyed or spoiled while in his custody upon his producing satisfactory proof as aforesaid:

Provided that all such spoiled stamps shall be produced and given up to the Treasurer.

11. In any case in which allowance is made under section 10 of this Act the Treasurer may give in lieu thereof other stamps of the same denomination and value, or if required, and he thinks proper, stamps of any other denomination to the same amount in value, or at his discretion the same value in money deducting the proper discount and proper allowances, if any, on the purchase of stamps of the like description.

Allowances how to be made.

12. The Registrar General shall not receive for record, nor enter in any of the books of record in his office, any instrument which he is required by any Act to enter of record, and which is required to be stamped by any Act, unless the said instrument shall be duly stamped and the stamps thereon cancelled as required by this Act.

Documents may not be recorded until duly stamped.

13. No officer of any court shall issue or file any instrument which he is required by any Act or rule to issue or file, or which is required to be stamped by any Act or rule, unless the said instrument shall be duly stamped and the stamps thereon cancelled as required by this Act.

Documents may not be issued or filed till stamped.

14. (1) Except as in this Act otherwise provided, it shall be the duty of every person executing any instrument required by any Act to be stamped, to cause the same to be duly stamped and the stamps thereon cancelled as required by this Act:

Duty of person executing to stamp instrument and cancel stamps.

Provided that where more than one person executes such instrument the cancellation of the stamps thereon may be made by only one of such persons:

Provided also that where any person signs any such instrument as a witness thereto, or as the drawer or preparer thereof, the cancellation of the stamps thereon may be made by any such person.

(2)[i]* Notwithstanding subsection (1), in the case of-

(a)

a deed of conveyance, assignment or transfer of realty or personalty; or

(b)

a transaction involving a transfer of shares which is subject to stamp duty pursuant to the Second Schedule by reason of the transfer having a like effect as a conveyance, assignment or transfer upon the ownership of or beneficial interest in realty in The Bahamas; or

(c)

a deed of exchange of realty or personalty,

the duty to cause the instrument to be stamped or the required stamp duty to be paid in respect of the transaction shall be that of each party to the instrument or transaction, as the case may be, who will respectively by jointly and severally liable for the payment of stamp duty.

15. (1) Except as in this Act otherwise provided, an instrument, the duty on which is required or permitted by law to be denoted by an adhesive stamp shall not be deemed to be duly stamped unless the person required by law to stamp it or the witness to the instrument or the drawer or preparer thereof cancels the stamps thereon at the time of execution by writing or otherwise indelibly marking on or across them his name or initials, or the name or initials of his firm, or the name or initials of the person for whom he is acting, so that the stamps may be effectually cancelled and rendered incapable of being used for any other instrument.

Stamps on instruments to be cancelled.

(2) Every such person shall also mark each stamp used to denote the stamp duty upon an instrument, with the true date of his cancelling it.

(3) Stamps affixed to an instrument executed by an illiterate, or a person temporarily incapacitated from writing, may be cancelled by any person who signs as a witness to such execution, or by the drawer or preparer of the instrument.

(4) Stamps affixed to an instrument executed before the coming into operation of this Act may be cancelled by the Registrar General when the said instrument is produced to him for record:

Provided that he is satisfied that the omission duly to stamp such instrument and cancel the stamps thereon was not fraudulent.

16. (1) The stamps on any instrument required to be issued or filed in any court or issued by, delivered to or exhibited to, or deposited with any public officer shall be cancelled by the officer of the court or other public officer on issue or receipt thereof; and such cancellation may be effected in accordance with this Act or in such manner as may be prescribed by the rules:

Stamps to be cancelled in manner prescribed by the rules.

Provided that this section shall not be deemed to refer to instruments lodged for record in the office of the Registrar General.

(2) The stamps on a notarial act shall be cancelled by the notary public.

17. (1) Except where express provision to the contrary is made by this or any other Act any unstamped or insufficiently stamped instrument may be duly stamped by the Treasurer after its execution on payment to the Treasurer of the unpaid duty and a penalty of four dollars:

Stamping after execution.

Provided that any instrument which has been executed out of The Bahamas may be stamped upon its production to the Treasurer at any time within six months of its execution, on payment to the Treasurer of the unpaid duty only; after that time no such instrument shall be so stamped except upon payment of the duty and a penalty of four dollars. Stamps affixed to any instrument under this proviso shall be cancelled by the Treasurer in accordance with this Act or the rules:

Provided also that whenever it is made to appear to the satisfaction of the Treasurer by declaration or otherwise, that the omission duly to stamp any instrument has not been wilful or with an intent to defraud and the instrument is brought to the Treasurer to be stamped within twelve months after the first execution thereof, the Treasurer may remit the whole or any part of the penalty payable on stamping the instrument.

(2) Whenever it is made to appear to the satisfaction of the Treasurer by declaration or otherwise that the omission to cancel the stamps on any instrument has not been wilful and that the stamps appearing on such instrument were affixed thereto at the proper time he may cancel such stamps in accordance with this Act or in such manner as may be prescribed by the rules.

Cancellation of stamps after execution.

18. No instrument which is required by any Act to be stamped shall be pleaded or given in evidence in any court unless the said instrument shall be duly stamped and the stamps thereon cancelled, except as hereinafter provided.

Unstamped instruments not to be given in evidence.

19. (1) Upon the production in evidence in any court or judge's chambers of any instrument required by any Act to be stamped which is not duly stamped and the stamps thereon cancelled the judge or presiding magistrate may impose a penalty of twenty dollars on the person required by any Act to stamp the said instrument and on payment thereof together with the stamp duty, or upon payment of the stamp duty only at the discretion of the judge or presiding magistrate, by such person or by the party producing such instrument the said instrument shall (saving all just exceptions on other grounds) be admissible in evidence. The judge or presiding magistrate may, in his discretion, grant any adjournment necessary for the proper stamping of any instrument.

Production in evidence of unstamped instrument.

(2) The Registrar or clerk of the court (if any) or the presiding magistrate shall, upon payment to him of the stamp duty on the instrument and the penalty (if any) imposed, give a receipt for the amount of the duty and penalty (if any). The Treasurer, or in the case of an Out Island, the commissioner, shall, upon the production to him of such receipt, cause the instrument to be stamped with the stamps equivalent to the duty and penalty (if any) so paid; and, in addition to the usual mode of cancellation, he shall write the word "Penalty" on or across each stamp denoting the penalty:

Provided that any such instrument may be stamped with an impressed stamp in such form and in such manner as may be directed by the rules so as to denote that such duty and penalty (if any) have been paid.

(3) The Registrar or clerk of the court (if any) or presiding magistrate, shall, as soon as practicable, pay the said duty and penalty (if any) into the Treasury.

(4) The decision of the Supreme Court or of a stipendiary and circuit magistrate as to the necessity for or insufficiency of stamps upon any instrument or as to the amount payable as stamp duty thereon shall be final. In all other cases an appeal shall lie from the decision of the presiding magistrate in accordance with the provisions of any Act regulating appeals from a magistrate's judgment.

(5) No instrument shall in any criminal proceeding be inadmissible in evidence for want of a stamp.

20. (1) Subject to the approval of the Minister to be notified in the Gazette all stamp duties for the time being payable in any court may be paid in money and such duties and all fees for the time being payable in any court or public department or office connected with the public service or to any officer thereof, may be denoted, by means of a stamp to be impressed, on the face of the instrument in respect of which such duties and fees are payable, by the officer receiving the said duties and fees. The stamp shall be in the form now used in the Registry of the Supreme Court, or in such other form as the Minister shall direct. The officer receiving such duties and fees shall give a receipt therefor and otherwise deal therewith as may be prescribed by the rules.

Court fees and stamps to be denoted by impressed stamp.

(2) When any fee as in subsection (1) of this section mentioned is payable otherwise than in respect of an instrument the stamp denoting the amount of the fee shall be impressed on such instrument as the Minister may direct to be used.

21. (1) The consideration and all other facts and circumstances affecting the stamp duty chargeable on any conveyance or assignment shall be fully and truly set forth therein.

Facts affecting duty to be set forth in instrument.

(2) All facts and circumstances affecting the stamp duty chargeable on any other instrument shall be fully and truly set forth therein.

(3) The Registrar General shall not receive for record nor enter in any of the books of record in his office, any instrument which he is required by any Act to enter of record, and which is required to be stamped by any Act, unless he is satisfied that, notwithstanding the consideration mentioned in such instrument, the same has been duly stamped and the stamps thereon cancelled as required by this Act.

(4) Any reference in an item in the Schedule to consideration in respect of a conveyance, assignment, transfer of realty or exchange of realty is a reference to the full value given or price paid by or on behalf of the purchaser, assignee or transferee of the realty or party to the exchange, as the case may be, for the realty and any chattels passing or intending to pass together with the realty under the transaction between the parties to the conveyance or transfer or exchange.

(5) A person on whose behalf a document relating to such a transaction affecting realty as referred to in subsection (4) is presented for stamping shall when requested by the Treasurer, produce a sworn declaration as to the whole of the property, including chattels, that is the subject of the transaction.

22. Any person who, with intent to defraud the Government of any duty-

Offences relating to instruments.

(a)

executes any instrument in which all the facts and circumstances required by section 21 of this Act to be set forth in such instrument are not fully and truly set forth;

(b)

being employed or concerned in or about the preparation of any instrument, neglects or omits, fully and truly to set forth therein all such facts and circumstances,

shall be guilty of an offence against this Act and be liable to a penalty of two hundred dollars.

23. Every person who being required by any Act to stamp any instrument, and to cancel the stamps thereon, wilfully neglects or refuses duly and effectually to do so in the manner therein provided shall be guilty of an offence against such Act, and shall be liable to a penalty of fifty dollars.

Penalty for neglecting to stamp instrument.

24. Every person who-

Misdemeanours.

(a)

fraudulently uses or attempts to use any stamp which has been cut, torn or removed from any instrument;

(b)

fraudulently alters or attempts to alter any instrument with intent to use any stamp on any such instrument;

(c)

fraudulently cancels or attempts to cancel any stamp by writing thereon, or on any instrument to which the same may be affixed, or fraudulently obliterates or removes or attempts to obliterate or remove the cancellation of any stamp,

shall in every such case be guilty of a misdemeanour and on conviction thereof shall be liable to imprisonment for two years.

25. Any person who-

Frauds.

(a)

fraudulently removes or causes to be removed from any instrument an adhesive stamp or affixes to any instrument any stamp which has been so removed, with intent that the stamp may be used again;

(b)

sells or offers for sale or utters or affixes any adhesive stamp which has to his knowledge been so removed;

(c)

utters any instrument having thereon any adhesive stamp which has to his knowledge been so removed;

(d)

practises or is concerned in any fraudulent act, contrivance or device not specially provided for, with intent to defraud Her Majesty the Queen of any fee payable in stamps,

shall be guilty of an offence against this Act, and be liable to a penalty of one hundred dollars.

26. Every person who upon receiving a sum exceeding eight dollars, gives a receipt for a sum not exceeding eight dollars, or divides the amount paid into two or more receipts with intent to evade the duty, shall in every such case, be guilty of an offence against this Act, and shall be liable on conviction to a penalty of one hundred dollars.

Offences relating to receipts.

27. (1) The Treasurer may be required by any person to express his opinion upon either of the following questions with reference to any executed instrument or any instrument intended to be executed, that is to say-

Adjudication by Treasurer with respect to liability of instruments to stamp duty.

(a)

whether the instrument is chargeable with any stamp duty;

(b)

with what amount of stamp duty the instrument is chargeable.

(2) The Treasurer may require the production of the instrument, and also to be furnished with such evidence as he may deem necessary, in order to satisfy himself whether all the facts and circumstances affecting the liability of the instrument to stamp duty, or the amount of the stamp duty chargeable thereon, are fully and truly set forth therein.

(3) If the Treasurer is satisfied that the instrument is not chargeable with any stamp duty he shall inscribe on the instrument a written note to that effect and shall sign the note accordingly.

(4) If the Treasurer is satisfied that the instrument is chargeable with stamp duty he shall inscribe on the instrument a written note of the amount of duty which in his opinion is chargeable thereon and shall sign the note accordingly.

(5) Every instrument inscribed with a note as provided by subsection (3) of this section, or on which the amount of duty inscribed as provided by subsection (4) thereof has been paid, shall be admissible in evidence and shall be available for all purposes notwithstanding any objection relating to the duty payable thereon.

(6) The following provisions shall have effect with respect to the foregoing provisions of this section, that is to say-

(a)

an instrument upon which the stamp duty has been assessed by the Treasurer shall not, if it is unstamped or insufficiently stamped, be stamped otherwise than in accordance with the assessment; and

(b)

nothing in this section shall authorise the stamping after execution of any instrument which by law cannot be stamped after execution.

28. (1) Any person who is dissatisfied with any assessment made by the Treasurer in pursuance of the provisions of section 27 of this Act with respect to the amount of stamp duty chargeable upon an instrument may, within twenty-one days after receiving from the Treasurer the instrument duly inscribed in accordance with subsection (4) of that section and on payment of the stamp duty in conformity therewith, appeal to the Supreme Court against the assessment; and for that purpose may by notice served upon the Treasurer require the Treasurer to state and sign a case, setting forth the question upon which his opinion was required, and the assessment made by him.

Appeals to Supreme Court against assessment of Treasurer.

(2) The Treasurer shall, within fourteen days after the service of such a notice upon him, state and sign a case and shall deliver a copy of the case to the person by whom the case is required and a further copy of the case to the Registrar of the Supreme Court; and the case may within seven days thereafter be set down by that person for hearing by the Court.

(3) Upon the hearing of the case the Supreme Court shall determine the question submitted and, if the instrument in question is, in the opinion of the Court, chargeable with any stamp duty, then the Court shall assess the amount of the stamp duty with which it is chargeable.

(4) If the Supreme Court determines that the assessment made by the Treasurer was erroneous, then any excess of stamp duty which may have been paid in conformity with the erroneous assessment, together with any fine or penalty which may have been paid in consequence thereof, shall be ordered by the Court to be repaid to the appellant.

29. (1) Any conveyance or transfer operating as a voluntary disposition inter vivos shall be chargeable with the like stamp duty as if it were a conveyance or transfer on sale, with the substitution in each case of the value of the property conveyed or transferred for the amount or value of the consideration for the sale:

Stamp duty on gifts inter vivos.

Provided that this section shall not apply to a conveyance or transfer operating as a voluntary disposition of property to a body of persons incorporated by a special Act, if that body is by its Act precluded from dividing any profit among its members and the property conveyed is to be held for the purposes of an open space or for the purposes of its preservation in the public interest:

Provided further that the stamp duty chargeable under this section upon any conveyance of transfer (other than a conveyance or transfer of real property situate within The Bahamas) made by or through any trust, however, created, shall not in any case exceed forty-five dollars.

(2) The Treasurer may be required to express his opinion under section 27 of this Act on any conveyance or transfer operating as a voluntary disposition inter vivos, and no such conveyance or transfer shall be deemed to be duly stamped unless the Treasurer has expressed his opinion thereon in accordance with the provisions of that section.

(3) Any conveyance or transfer (not being a disposition made in favour of a purchaser or incumbrancer or other person in good faith and for valuable consideration) shall, for the purposes of this section, be deemed to be a conveyance or transfer operating as a voluntary disposition inter vivos, and (except where marriage is the consideration) the consideration for any conveyance or transfer shall not for this purpose be deemed to be valuable consideration where the Treasurer is of the opinion that by reason of the inadequacy of the sum paid as consideration or other circumstances the conveyance or transfer confers a substantial benefit on the person to whom the property is conveyed or transferred.

(4) The foregoing provisions of this section shall not apply to a conveyance or transfer made for nominal consideration for the purpose of securing the repayment of an advance or loan, or under which no beneficial interest passes in the property conveyed or transferred, or made to a beneficiary by a trustee or other person in a fiduciary capacity under any trust, whether expressed or implied, or a disentailing assurance not limiting any new estate other than an estate in fee simple in the person disentailing the property; and this subsection shall have effect notwithstanding that the circumstances exempting the conveyance or transfer from charge under this section are not set forth in the conveyance or transfer.

30. (1) Where an instrument is chargeable with ad valorem duty in respect of-

Mode of calculating ad valorem duty in certain cases.

(a)

any money in any foreign currency; or

(b)

any stock or marketable security,

the stamp duty shall be calculated on the value, on the day of the date of the instrument, of the money in Bahamian currency according to the current rate of exchange, or of the stock or security according to the average price thereof.

(2) Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with that statement, it shall, so far as regards the subject matter of the statement, be deemed to be duly stamped unless or until it is shown that the statement is untrue and that the instrument is in fact insufficiently stamped.

31. (1) Where the consideration, or any part of the consideration, for a conveyance, assignment or transfer (in this section referred to as a conveyance) consists of any stock or marketable security, the conveyance shall be charged with ad valorem duty in respect of the value of the stock or security.

How ad valorem duty to be calculated in respect of stock and securities.

(2) Where the consideration, or any part of the consideration, for a conveyance consists of any security not being a marketable security, the conveyance shall be charged with ad valorem duty in respect of the amount due on the day of the date thereof for principal and interest upon the security.

32. Except where express provision to the contrary is made by this or any other Act-

Instruments to be separately charged with duty in certain cases.

(a)

an instrument containing or relating to several distinct matters shall be separately and distinctly charged, as if it were a separate instrument, with duty in respect of each of such matters;

(b)

an instrument made for any consideration in respect of which it is chargeable with ad valorem duty, and also for any other valuable consideration, shall be separately charged, as if it were a separate instrument, with duty in respect of each of the considerations.

33. All penalties imposed by this Act shall be recovered summarily by the Treasurer or some person authorised in writing by him before a stipendiary and circuit magistrate in Nassau, or where authorised by fiat of the Attorney-General before a magistrate of the district in which the offence was committed, and shall be paid unto Her Majesty the Queen for the use and support of The Bahamas.

Recovery of penalties.

34. The Minister may make rules for carrying out the purposes of this Act.

Rules.

35. Notwithstanding anything in this Act contained, where the stamp duty payable in respect of any instrument under any Act exceeds the sum of five cents, such duty may be paid in money to the Treasurer, and may be denoted on such instrument by means of an impressed stamp in such manner as shall be prescribed by the rules.

Impressed stamps may be used where duty exceeds five cents.

36. Where any instrument required to be issued or filed in any court is, through mistake or inadvertence, issued, filed, used or admitted in evidence without being properly stamped, the same may be stamped under the direction of the court.

Unstamped instrument may be stamped by direction of the court.

37. Until the proper impressed stamps authorised by this Act shall be prepared and obtained, and until the Minister shall direct that they shall come into use, the adhesive postage stamps of The Bahamas shall be used for the purpose of denoting the duties chargeable and payable under this Act.

Adhesive stamps to be used until impressed stamps are provided.

38. Where the collection of duty or the stamping of instruments according to the provisions of this Act or any other Act relating to stamp duties is impracticable or inexpedient, or where such collection or stamping causes undue inconvenience to trade or business or where the exercise of the power conferred by this section is in the interest of The Bahamas, the Minister may make regulations-

Power to make regulations for compounding duty.

(a)

for the compounding any duty; or

(b)

for delivery of accounts by, and collecting duty from, the persons making or issuing the instruments upon which duty is charged.

39. Where any instrument is chargeable with an ad valorem duty in respect of any consideration expressed in any foreign currency, such duty shall be calculated upon the value of such currency as fixed by law at the time of the execution of such instrument.

Stamp duty on foreign currency.

40. The Minister may at any time authorise the Treasurer to allow a discount upon any purchase of adhesive stamps at any one time of the value of twenty dollars and upwards.

Discount.

41. Documents of title to land over thirty years old at the date of coming into operation of this Act shall be exempt from the provisions of this Act.

Old documents of title to land exempt from this Act.

42. All expenses incurred in carrying out the provisions of this Act shall be paid out of the Consolidated Fund by warrant in the usual manner.

Expenses.

FIRST SCHEDULE (Section 3)

INSTRUMENT AND OTHER DOCUMENTS IN CIVIL PROCEEDINGS BEFORE THE SUPREME COURT

Every original, concurrent or renewed writ of summons indorsed with a claim for a debt or liquidated demand, for an amount not exceeding $1,000	$ 4.00
Every additional $500 or fraction thereof	$4.00
Every Statement of claim for a debt or liquidated demand not indorsed upon any original, concurrent or renewed writ of summons previously filed in connection with the same matter, for an amount not exceeding $1,000	$4.00
Every additional $500 or fraction thereof	$4.00
Every counterclaim for a debt or liquidated demand, for an amount not exceeding $1,000	$4.00
Every additional $500 or fraction thereof	$4.00
Every other writ	3.00
Every amendment of a writ	1.00
Every petition under the Companies Act (Ch. 308)	20.00
Every petition under the Matrimonial Causes Act (Ch. 125)	20.00
Every petition or adverse claim under the Quieting Titles Act (Ch. 142)	20.00
Every other petition	2.00
Every notice of appeal to the Court of Appeal	10.00
Every notice of appeal to a Judge in Chambers	6.00
Every notice of appeal from a Magistrate's Court	4.00
Every notice of cross-appeal	4.00
Every notice of motion for service out of the jurisdiction	5.00
Every notice of motion for service on a third party	5.00
Every other notice	2.00
Every commission or letter of request for the examination of a witness abroad	20.00
Every commission for taking renunciation of dower	20.00
Every affidavit	4.00
Every set of interrogatories or cross-interrogatories	4.00
Every summons at Chambers	4.00
Every garnishee order	5.00
Every order setting down for trial	3.00
Every other order or rule	2.00
Every certificate of non-appearance	5.00
Every certificate of completing of security	5.00
Every certificate under rule 30 of the Matrimonial Causes Rules	5.00
Every certificate as to debts under the Companies Act (Ch. 308)	10.00
Every other certificate	3.00
Every interlocutory judgment	10.00
Every judgment or decree	20.00
Every satisfaction	3.00
Every bill of costs	10.00
Every certified copy of any document before the Supreme Court	3.00
Every other document or instrument filed	2.00

SECOND SCHEDULE(Section 3)

INSTRUMENTS USED IN COMMERCIAL AND OTHER TRANSACTIONS

Agreements other than insurance policies	$ 3.00
Articles of co-partnership	10.00
Every affidavit other than an affidavit proving the execution of a document	4.00
Every power of attorney (general)	6.00
Every power of attorney (special)	4.00
Articles of clerkship	50.00
Every agreement of submission to arbitrators	5.00
Every award for payment of money of or under $100	6.00
Every additional $50 or fraction thereof	1.00
Every award other than for the payment of money	6.00
Every warrant of survey of vessel or goods	4.00
Every certificate or report of surveyors	4.00
Every deed of conveyance, assignment or transfer of realty or personalty where the amount or value of the consideration-
does not exceed $20,000	two per cent of the amount or value of the consideration;
exceeds $20,000 and does not exceed $50,000	four per cent of the amount or value of the consideration;
exceeds $50,000 and does not exceed $100,000	six per cent of the amount or value of the consideration;
exceeds $100,000 and does not exceed $250,000	eight per cent of the amount or value of the consideration
exceeds $250,000	ten per cent of the amount or value of the consideration
Every transaction embodied in or carried out by an instrument not within the last mentioned item and which transaction-
(a) has the effect of transferring any of the issued shares of a company or of transferring the beneficial interest in the ownership of such shares and which would have a like effect upon the ownership of or beneficial interest in any realty in The Bahamas owned by the company to which the shares relate had the issued shares of the company represented the proportionate parts into which that ownership of or beneficial interest in the realty were divided; or
(b) forms part of a series of transactions, the cumulative effect of which upon realty is as mentioned in paragraph (a), unless the Treasurer is satisfied that the transaction is not of a series having regard to a statement to that effect endorsed on the instrument,
the rate of duty payable shall be where the value of the interest in the realty affected by the transaction-
(a) does not exceed $20,000	two per cent of the value;
(b) exceeds $20,000 and does not exceed $50,000	four per cent of the value;
(c) exceeds $50,000 and does not exceed $100,000	six per cent of the value;
(d) exceeds $100,000 and does not exceed $250,000	eight per cent of the value
(e) exceeds $250,000	ten per cent of the value
Every deed of exchange of realty or personality shall be liable to stamp duty on the amount or value of the consideration.

Every lease-
where the lease is for a term not exceeding 7 years		one per cent of the annual rent reserved
where the term of the lease exceeds 7 years but is less than 35 years		two per cent of the annual rent reserved
where the term of the lease exceeds 35 years but is less than 100 years		five per cent of the annual rent reserved
where the term of the lease exceeds 100 years		twelve per cent of the annual rent reserved
Every renunciation or release of dower		$4.00
Every bondfor the payment of any sum of money not exceeding $300 and not being a Eurobond		$4.00
Every additional $300 or fraction thereof		$2.00
Every Eurobond		0.25% of the fee payable for the arrangement, underwriting or placement of each issue of bonds to a maximum duty of $2,500.00
Every bottomry bond		6.00
Every bond of indemnity or other bond not being for payment of a specific sum of money		6.00
Every hypothecation on ship or on ship and cargo, or on cargo alone where the amount does not exceed $500		20.00
Every additional $100 or fraction thereof		2.00
Every instrument of apprenticeship		6.00
Every mortgage or transfer of mortgage of realty or personalty or both, for every $100 or fraction thereof		$1.00
Every re-conveyance of realty or personalty or both to a borrower or mortgagor only, for every $100 or fraction thereof		.10
Every endorsement of mortgage under section 32 of the Conveyancing and Law of Property Act (Ch. 138), for every $100 or fraction thereof		.10
Every copy of the Act, charter or other document of incorporation of a company lodged for record under the provisions of the Companies Act (Ch. 308)		600.00
Every memorandum of association of a company limited by guarantee having no authorised capital		60.00
Every memorandum of association of a company formed for the promotion of commerce, art, science, religion, charity or other useful object		5.00
Every memorandum of association of a company where the capital is $5,000 or under		60.00
Every additional $1,000 or fraction thereof		3.00
Every resolution increasing the capital of a company incorporated within The Bahamas for every $1,000 or fraction thereof of the increase		6.00
Every debenture, for every $1,000 or fraction thereof		$4.00
Every satisfaction or discharge of debenture, for every $1,000 or fraction thereof		4.00
Every notarial certificate or declaration		2.00
Every notarial protest of a Bill, note or other instrument not exceeding $50		.50
Every additional $50 or fraction thereof		.50
Every ship's protest		6.00
Every promissory note, for every $50 or fraction thereof		.10
Every charter-party, for every $100 or fraction thereof		.20
Every set of import entries direct or ex-warehouse in respect of pleasure vessels of less than 150 gross tons and not less than 30 feet in length		one per cent of the value of the goods entered or declared thereon
Every set of import entries or airfreight declarations direct or ex-warehouse in respect of-

Tariff Heading	Goods	Stamp Duty
2204.1000	Sparkling wine	Fifty per cent of the value of the goods entered or declared thereon.
2204.2190	Other wine; grape must with the fermentation prevented or arrested by the addition of alcohol, in containers holding 2 1 or less.	Fifty per cent of the value of the goods entered or declared thereon.
2204.2900	Other wine; grape must with the fermentation prevented or arrested by the addition of alcohol.	Fifty per cent of the value of the goods entered or declared thereon.
2208.2000	Spirits obtained by distilling grape wine or grape marc (other than spirits obtained by distilling grape wine or grape marc imported pursuant to section 17 of the Spirits and Beer Manufacture Act).	$10.00 per proof gallon.
2208.2000	Spirits obtained by distilling grape wine or grape marc imported pursuant to section 17 of the Spirits and Beer Manufacture Act.	Seven per cent of the value of the goods entered or declared thereon.
2208.3000	Whiskies (other than whiskies imported pursuant to section 17 of the Spirits and Beer Manufacture Act).	$10.00 per proof gallon.
2208.3000	Whiskies imported pursuant to section 17 of the Spirits and Beer Manufacture Act.	Seven per cent of the value of the goods entered or declared thereon.
2208.4000	Rum and tafia (other than rum and tafia imported pursuant to section 17 of the Spirits and Beer Manufacture Act).	$10.00 per proof gallon.
2208.4000	Rum and tafia imported pursuant to section 17 of the Spirits and Beer Manufacture Act.	Seven per cent of the value of the goods entered or declared thereon.
2208.5000	Gin and geneva (other than gin and geneva imported pursuant to section 17 of the Spirits and Beer Manufacture Act).	$10.00 per proof gallon.
2208.5000	Gin and geneva imported pursuant to section 17 of the Spirits and Beer Manufacture Act.	Seven per cent of the value of the goods entered or declared thereon.
2208.6000	Vodka (other than vodka imported pursuant to section 17 of the Spirits and Beer Manufacture Act).	$10.00 per proof gallon.
2208.6000	Vodka imported pursuant to section 17 of the Spirits and Beer Manufacture Act.	Seven per cent of the value of the goods entered or declared thereon.
2208.7000	Liqueurs and cordials (other than liqueurs and cordials imported pursuant to section 17 of the Spirits and Beer Manufacture Act).	$10.00 per proof gallon.
2208.7000	Liqueurs and cordials imported pursuant to section 17 of the Spirits and Beer Manufacture Act.	Seven per cent of the value of the goods entered or declared thereon.
2208.9090	Other spirits (other than spirits imported pursuant to section 17 of the Spirits and Beer Manufacture Act).	$10.00 per proof gallon.
2208.9090	Other spirits imported pursuant to section 17 of the Spirits and Beer Manufacture Act.	Seven per cent of the value of the good entered or declared thereon.
3303.0010	Perfumes	Twenty per cent of the value of the goods entered or declared thereon.
3303.0020	Eau de Cologne	Twenty per cent of the value of the goods entered or declared thereon.
3303.0090	Other Toilet Waters	Twenty per cent of the value of the goods entered or declared thereon.
4202.1110	Suit-cases, executive-cases, vanity-cases, brief-cases, school satchels, binocular cases, camera cases, musical instrument cases and gun cases with outer surface of leather, of composition leather or patent leather.	Twenty per cent of the value of the goods entered or declared thereon.
4202.1210	Suit-cases, executive-cases, vanity-cases, brief-cases, school satchels, binocular cases, camera cases, musical instrument cases and gun cases with outer surface of plastics or of textile material.	Twenty per cent of the value of the goods entered or declared thereon.
4202.1910	Suit-cases, executive-cases, vanity-cases, brief-cases, school satchels, binocular cases, camera cases, musical instrument cases and gun cases with outer surface of other materials.	Twenty per cent of the value of the goods entered or declared thereon.
4202.2100	Handbags, whether or not with shoulder strap, including those without handle, with outer surface of leather, composition leather or of patent leather.	Twenty per cent of the value of the goods entered or declared thereon.
4202.2200	Handbags, whether or not with shoulder strap, including those without handle, with outer surface of plastic sheeting or of textile materials.	Twenty per cent of the value of the goods entered or declared thereon.
4202.2900	Other handbags, whether or not with shoulder strap, including those without handles.	Twenty per cent of the value of the goods entered or declared thereon.
4202.3100	Articles of a kind normally carried in the pocket or in handbag, with outer surface of leather, of composition leather or of patent leather.	Twenty per cent of the value of the goods entered or declared thereon.
4202.3200	Articles of a kind normally carried in the pocket or in the handbag, with outer surface of plastic sheeting or of textile materials.	Twenty per cent of the value of the goods entered or declared thereon.
4202.3900	Articles of a kind normally carried in the pocket or in the handbag, with outer surface of other materials.	Twenty per cent of the value of the goods entered or declared thereon.
4202.9110	Travelling bags, shopping bags and toilet bags, with outer surface of leather and patent leather.	Twenty per cent of the value of the goods entered or declared thereon.
4202.9210	Travelling bags, shopping bags and toilet bags, with outer surface of plastic sheeting or of textile materials.	Twenty per cent of the value of the goods entered or declared thereon.
4202.9910	Travelling bags, shopping bags and toilet bags, with outer surface of other materials.	Twenty per cent of the value of the goods entered or declared thereon.
6110.1010	Sweaters, cardigans and pullovers of wool, cashmere or angora.	Eight per cent of the value of the goods entered or declared thereon.
6302.4000	Table linen, knitted or crocketed.	Ten per cent of the value of the goods entered or declared thereon.
6302.5100	Other table linen, of cotton.	Ten per cent of the value of the goods entered or declared thereon.
6302.5200	Other table linen, of flax.	Ten per cent of the value of the goods entered or declared thereon.
6302.5300	Other table linen, of man-made fibres.	Ten per cent of the value of the goods entered or declared thereon.
6302.5900	Other table linen, of other textile materials.	Ten per cent of the value of the goods entered or declared thereon.
6911.1000	Tableware and kitchenware, of porcelain or china.	Eight per cent of the value of the goods entered or declared thereon.
6911.9000	Other household and toilet articles, of porcelain or china.	Eight per cent of the value of the goods entered or declared thereon.
6913.1000	Statuettes and other ornamental articles, or porcelain or china.	Eight per cent of the value of the goods entered or declared thereon.
7013.2100	Drinking glasses, of lead crystal.	Eight per cent of the value of the goods entered or declared thereon.
7013.3100	Glassware of a kind used for table (other than drinking glasses) or kitchen purposes, of lead crystal.	Eight per cent of the value of the goods entered or declared thereon.
7013.9100	Other glassware, of lead crystal.	Eight per cent of the value of the goods entered or declared thereon.
7018.9010	Statuettes and other ornaments, of lead crystal.	Eight per cent of the value of goods entered or declared thereon.
7113.1100	Articles of jewellery and parts thereof, of silver, whether or not plated or clad with other precious metal.	Ten per cent of the value of the goods entered or declared thereon.
7113.1900	Articles of jewellery and parts thereof, of other precious metals, whether or not plated or clad with precious metal.	Ten per cent of the value of the goods entered or declared thereon.
7113.2000	Articles of jewellery and parts thereof, of base metal clad with precious metal.	Ten per cent of the value of the goods entered or declared thereon.
9006.4000	Instant print cameras.	Eight per cent of the value of the goods entered or declared thereon.
9006.5100	Other cameras, with a through-the lens viewfinder (single lens reflex (SLR)) for roll film of a width not exceeding 35 mm.	Eight per cent of the value of the goods entered or declared thereon.
9006.5200	Other cameras, for roll film of a width less than 35 mm.	Eight per cent of the value for the goods entered or declared thereon.
9006.5300	Other cameras, for roll film of a width of 35 mm.	Eight per cent of the value of the goods entered or declared thereon.
9006.5900	Other cameras.	Eight per cent of the value of the goods entered or declared thereon.
9006.6100	Discharge lamp ("electronic") flashlight apparatus.	Eight per cent of the value of the goods entered or declared thereon.
9006.6200	Flashbulbs, flashcubes and the like.	Eight per cent of the value of the goods entered or declared thereon.
9006.6900	Other photographic flashlight apparatus and flashbulbs.	Eight per cent of the value of the goods entered or declared thereon.
9006.9100	Parts and accessories for cameras.	Eight per cent of the value of the goods entered or declared thereon.
9006.9900	Other parts and accessories.	Eight per cent of the value of the goods entered or declared thereon.
9101.1100	Wrist-watches, with case of precious metal or of metal clad with precious metal, electrically operated, whether or not incorporating a a stop-watch facility, with mechanical display only.	Ten per cent of the value of the goods entered or declared thereon.
9101.1200	Wrist-watches, with case of precious metal or of metal clad with precious metal, electrically operated, whether or not incorporating a stop-watch facility, with opto-electronic display only.	Ten per cent of the value of the goods entered or declared thereon.
9101.1900	Other wrist-watches, with case of precious metal or of metal clad with precious metal, electrically operated, whether or not incorporating a stop watch facility.	Ten per cent of the value of the goods entered or declared thereon.
9101.2100	Other wrist-watches, with case of precious metal or of metal clad with precious metal, electrically operated, whether or not incorporating a stop-watch facility, with automatic winding.	Ten per cent of the value of the goods entered or declared thereon.
9101.2900	Other wrist-watches, with case of precious metal or of metal clad with precious metal, whether or not incorporating a stop-watch facility.	Ten per cent of the value of the goods entered or declared thereon.
9102.1100	Wrist-watches, other than those of Heading No. 91.01, electronically operated, whether or not incorporating a stop-watch facility, with mechanical display only.	Ten per cent of the value of the goods entered or declared thereon.
9102.1200	Wrist-watches, other than those of Heading No. 91.01, electrically operated, whether or not incorporating a stop-watch facility, with opto-electronic display only.	Ten per cent of the value of the goods entered or declared thereon.
9102.1900	Other wrist-watches, other than those Heading No. 91.01 electrically operated, whether or not incorporating a stop watch facility.	Ten per cent of the value of the goods entered or declared thereon.
9102.2100	Other wrist-watches, other than those of Heading No. 91.01, whether or not incorporating a stop-watch facility with automatic winding.	Ten per cent of the value of the goods entered or declared thereon.
9102.2900	Other wrist-watches, other than those of Heading No. 91.01, whether of not incorporating a stop-watch facility.	Ten per cent of the value of the goods entered or declared thereon.
9103.1000	Clocks with watch movements excluding clocks of heading No. 91.04, electrically operated.	Ten per cent of the value of the goods entered or declared thereon.
9103.9000	Other clocks with watch movements, excluding clocks of Heading No. 91.04.	Ten per cent of the value of the goods entered or declared thereon.
Every set of import entries in respect of goods re-imported into The Bahamas to which section 81(1) of the Customs Management Act applies.		$10.00
Every set of import entries in respect of goods re-imported into The Bahamas to which section 81(2) of the Customs Management Act applies.		seven percent of the amount of the increase in the value of the goods.
Every set of import entries in respect of insecticides, fungicides and herbicides to which Tariff Heading numbers "3808.1000"; "3808.2000" and "3808.3020" in the First Schedule to the Tariff Act applies.		two percent of the value of the goods entered or declared thereon.
Every set of import entries in respect of test strips, colostomy bags and fittings thereof, insulin syringes with or without needles, medical atomizers, lancets, ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus and blood glucose meters to which Tariff Headings Numbers "3822.0010"; "3926.9010"; "9018.3110"; "9018.9020"; "9018.9030"; "9019.2000" and "9027.8010" in the First Schedule to the Tariff Act applies.		Two per cent of the value of the goods entered or declared thereon.
Every set of import entries direct or ex-warehouse in respect of any goods, other than cinematograph films, imported for a temporary use or purpose under Regulation 86(i) of the Customs Regulations.		four per cent of the value of the goods entered or declared thereon
Every set of import entries direct or ex-warehouse in respect of live swine, sheep, goat, or poultry to which tariff heading numbers 01.03, 01.04, 01.05 in the First Schedule to the Tariff Act respectively apply		two per cent of the value of the goods entered or declared thereon
Every set of import entries direct or ex-warehouse in respect of goods to which Chapters 2 to 21, and Chapters 30 and 31 of the First Schedule to the Tariff Act apply		two per cent of the value of goods entered or declared thereon
Every set of import entries direct or ex-warehouse in respect of infant formula to which tariff heading number 2202.9010 in the First Schedule to the Tariff Act apply		two per cent of the value of the goods entered or declared thereon