Stamp Duties Consolidation Act 1999 section 45

Directions as to apportionment of consideration

Section 45 sets out rules for apportioning the consideration for a sale of property where the conveyance is completed by more than one instrument or where the property contains both residential and non-residential elements.

• Where property sold for a single consideration is conveyed in separate lots by different instruments, the consideration must be apportioned so that each instrument recites a distinct consideration, and ad valorem duty is charged on each apportioned amount.
• Where property contains both residential and non-residential elements, or where a sale forms part of a larger transaction, the consideration must be apportioned on a just and reasonable basis between the residential and non-residential parts.
• Where two or more persons jointly purchase property for a single consideration and take separate conveyances of their respective portions, each conveyance is charged with ad valorem duty on the distinct part of the consideration it recites.
• Where several instruments are needed to complete a purchaser's title, only the principal instrument of conveyance bears the full ad valorem duty; any other instruments bear only such lesser duty as may apply, which cannot exceed the ad valorem duty on the principal instrument.