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MSL Business School · Instrument-by-instrument duty guide
Stamp Duty in Ghana
The current rates for agreements, conveyances, leases, mortgages, securities, powers of attorney and natural-resource instruments, with stamping, adjudication, exemptions and late-stamping rules.
Published and prepared by MSL Business School through TaxLawGH.
MSL Business School controlling answer
Stamp duty is charged on the instrument, not merely the underlying transaction.
Identify every document brought into being, classify it under Schedule 1, determine whether the duty is fixed or ad valorem, test the exemptions, obtain assessment or adjudication where needed, pay, and retain the stamped instrument and receipt.
Legal-effect precision: Stamping does not itself create an otherwise invalid transaction. Act 689 principally controls duty, stamping and the ability to give a chargeable instrument in evidence or make it available for a relevant purpose, subject to statutory cure and exceptions.
Current Act 1109 schedule
Principal fixed and ad valorem duties
| Instrument | Statutory base or condition | Current duty |
|---|---|---|
| Agreement or memorandum of agreement | Fixed duty; exemptions apply | GHS 18.00 |
| Appointment of a new trustee | Fixed duty | GHS 90.00 |
| Concession | Fixed duty | GHS 358.50 |
| Conveyance or transfer below GHS 10,000 | Value of consideration | 0.25% |
| Conveyance or transfer: GHS 10,000 to below GHS 50,000 | Value of consideration | 0.5% |
| Conveyance or transfer: GHS 50,000 or more | Value of consideration | 1% |
| Voluntary disposition inter vivos | Value as on a conveyance on sale | 0.25%–1% |
| Transfer of shrubs or trees | Monetary consideration; statutory minimum | 1% or GHS 358.50, whichever is greater |
| Copy or extract in the residual scheduled case | Fixed duty | GHS 35.85 |
| Declaration of trust concerning property | Fixed duty | GHS 71.70 |
| Deposit of title documents | Fixed duty | GHS 18.00 |
| Duplicate or counterpart | Fixed duty; principal instrument rule applies | GHS 18.00 |
| Indemnity | Fixed duty | GHS 35.85 |
| Lease for definite term not exceeding 50 years | Rent for the term | 0.5% |
| Lease for definite term exceeding 50 years | Rent for the term | 1% |
| Lease not otherwise described | Consideration | 1% |
| Memorandum of hypothecation / mining lease | Fixed duty | GHS 18.00 |
| Mortgage, bond or other principal security | Amount secured | 0.5% |
| Collateral, auxiliary or additional security | Amount secured | 0.25% |
| Transfer or assignment of mortgage, bond or security | Amount transferred, assigned or disposed of | 0.25% |
| Mineral lease / offshore lease / timber lease | Each scheduled natural-resource instrument | GHS 896.30 |
| Timber licence | Fixed duty | GHS 437.40 |
| Prospecting or exclusive prospecting licence | Fixed duty | GHS 180.00 |
| Quarrying or diamond-digging licence | Fixed duty | GHS 90.00 |
| Specified Administration of Lands Act lease | Fixed duty | GHS 18.00 |
| Power of attorney or similar instrument | Fixed duty; exemptions apply | GHS 71.70 |
Schedule control: The short descriptions above are a navigation aid. The exact instrument language, consideration, term, security structure, counterpart rule and exemption determine the assessment.
Property, leases and security
One transaction can create several separately chargeable instruments.
The consideration band determines the current 0.25%, 0.5% or 1% rate. A voluntary disposition generally substitutes property value for consideration under section 20.
An agreement for a lease or letting of land or a tenement is charged as if it were the actual lease for the stated term and consideration, subject to the subsequent conforming-lease rule.
A writing evidencing a mortgage, bond, debenture, covenant, guarantee or lien is treated as an instrument and must be classified as principal, collateral or other security.
An instrument containing several distinct matters may be charged separately as if each matter were a separate instrument unless an express rule provides otherwise.
The illustrations assume no premium, additional consideration, exemption, separate instrument or special valuation issue.
Assessment and stamping
Classify first, then obtain the official stamp or imprint.
- 01Inventory the documents
Identify the executed agreement, transfer, lease, security, counterpart, trust, power and any other instrument.
- 02Classify and test exemptions
Map each instrument to Schedule 1 and record why an exemption, fixed duty or ad valorem rate applies.
- 03Seek adjudication where uncertain
Present the instrument and relevant facts to the Commissioner-General for an opinion and assessment under the Act.
- 04Pay and obtain evidence
Pay the assessed duty and retain the impressed stamp, authorised imprint, electronic assessment, receipt and underlying computation.
- 05Complete registration or enforcement use
Provide the stamped instrument to the relevant registry, lender, court or counterparty and retain the complete audit trail.
The Commissioner-General may allow particulars or extracts to be submitted electronically, issue an assessment electronically and authorise an imprint to indicate payment under section 48.
Post-execution and late stamping
The ordinary cure window is two months, but special rules can apply.
| Situation | Act 689 position |
|---|---|
| Instrument first executed in Ghana | Unless a contrary rule applies, an unstamped or insufficiently stamped instrument may be stamped after execution on payment of unpaid duty at any time within two months. |
| Instrument first executed outside Ghana | May be stamped on payment of unpaid duty within two months after it is first received in Ghana. |
| After the two-month period | Unpaid duty plus a penalty equal to 2.5 penalty units. Where unpaid duty exceeds that value, further interest at 5% per annum runs from first execution until the interest equals the unpaid duty. |
| Memorandum of hypothecation | Special seven-day post-execution rule and penalty under section 24; do not substitute the general two-month rule. |
| Produced in court | A legally stampable instrument may be admitted after payment of unpaid duty and applicable penalty through the statutory procedure, subject to other objections. |
Do not delay because the instrument can be cured. Registry, finance, completion and litigation timetables may require stamping earlier, and a special instrument rule can displace the general window.
General exemptions
An exemption must match both the instrument and the statutory conditions.
Specified divorce-settlement transfers and gifts inter vivos between spouses, parent and child, or child and parent.
Transfers of shares in a company, unit-trust shares, loan capital and specified foreign-government stocks or funds.
Specified testamentary, probate, administration, vesting, bankruptcy, insolvency and winding-up instruments.
Specified Government instruments and instruments within the applicable diplomatic and consular convention exemptions.
Specified transfers and covenants to charities and specified life-policy instruments and trusts.
Specified State Housing Company and registered residential-construction instruments, and specified instruments disposing of ships or vessel interests.
No exemption by label alone: For example, the family exemption is relationship- and instrument-specific. A wider family transfer does not qualify merely because no money changes hands.
MSL Business School instrument control file
Each executed document needs its own duty status.
| Control | Evidence |
|---|---|
| Instrument register | Title, parties, date and place of execution, receipt-in-Ghana date, property and responsible owner. |
| Classification | Schedule line, distinct matters, principal/counterpart analysis and legal memorandum. |
| Value | Consideration, valuation, rent term, amount secured, premiums and periodical payments. |
| Exemption | Exact paragraph, relationship, status, approvals and supporting documents. |
| Assessment | Submission, adjudication, Commissioner-General assessment and objection diary. |
| Payment and stamp | Receipt, imprint or stamp, penalties, registry evidence and secure final copy. |
Frequently asked questions
Ghana stamp duty questions
What is Ghana stamp duty?
It is a duty charged on the instruments described in Schedule 1 to Act 689, rather than a general tax imposed merely because a transaction occurs.
What are the current property-transfer rates?
0.25% where consideration is below GHS 10,000; 0.5% from GHS 10,000 to below GHS 50,000; and 1% from GHS 50,000.
How soon should an instrument be stamped?
The general post-execution cure rule allows two months, and two months from first receipt in Ghana for an instrument first executed abroad. Special instrument rules may be shorter.
Is an unstamped agreement automatically void?
Do not state the rule that broadly. Act 689 governs duty and restricts evidential or other use of a chargeable unstamped instrument, while also providing mechanisms to stamp and cure it.
Are share transfers exempt?
The general exemptions include a transfer of shares in a company, but the exact instrument and any other document in the transaction must still be classified.
MSL Business School official source map
Primary Act, current schedule and administration
- Stamp Duty Act, 2005 (Act 689), as amendedCharge, separate matters, adjudication, post-execution stamping, particular instruments, evidence, offences and exemptions.
- Stamp Duty (Amendment) Act, 2023 (Act 1109)Current fixed and ad valorem Schedule 1 amounts, implemented from 1 January 2024.
- GRA 2024 implementation noticeAdministrative confirmation that Act 1109's increased rates took effect from 1 January 2024.
- GRA Stamp Duty administrationInstrument groupings, electronic service, stamping channels, offences and exemption summary.
- Revenue Administration Act, 2016 (Act 915), as amendedGeneral tax administration provisions to be read with the instrument-specific Act.
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TaxLawGH is MSL Business School's Ghana tax education platform.
MSL Business School maintains this guide as part of its public tax and fiscal policy education work.
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