Stamp Duty Act Cap 189, R.E.2019

Tanzania
Stamp Duty Act

Chapter 189
Legislation as at 30 November 2019
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Stamp Duty Act
Contents
Part I – Preliminary provisions ....................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
3. Commissioners ........................................................................................................................................................................................... 4
4. Stamp Duty Officers ................................................................................................................................................................................ 4
Part II – Stamp duties ....................................................................................................................................................................................... 4
(a) Instruments chargeable with stamp duty ...................................................................................................................................... 4
5. Instruments specified in Schedule chargeable ...................................................................................................................... 4
6. Several instruments used in single transaction .................................................................................................................... 5
7. Instruments relating to several distinct matters ................................................................................................................... 6
8. Instrument coming within several descriptions in Schedule ............................................................................................ 6
(b) Composition of duties ........................................................................................................................................................................... 6
9. *** ............................................................................................................................................................................................................ 6
10. *** .......................................................................................................................................................................................................... 6
11. Agreement to compound duty on cheques ........................................................................................................................... 6
12. Terms implied in composition agreement ............................................................................................................................. 6
13. Power to compound duties ......................................................................................................................................................... 7
14. Moneys due under composition agreement to be government debt .......................................................................... 7
15. *** .......................................................................................................................................................................................................... 7
(c) Exemptions ................................................................................................................................................................................................ 7
16. Minister may exempt chargeable instrument ...................................................................................................................... 7
17. Commissioner General may exempt fixed sum in lieu of duty on instrument .......................................................... 7
(d) Stamps and mode of using them ..................................................................................................................................................... 8
18. Duties how to be paid .................................................................................................................................................................. 8
19. Where adhesive stamps used ..................................................................................................................................................... 8
20. Instruments stamped with impressed stamps, how to be written ............................................................................... 8
21. Only one instrument to be on same stamp ......................................................................................................................... 8
22. Instrument written contrary to section 18 or 19 deemed unstamped ........................................................................ 8
23. Certificate denoting duty or exemption ................................................................................................................................. 8
24. Provisions as to duplicates and counterparts ...................................................................................................................... 9
(e) Time when instruments must be stamped ................................................................................................................................... 9
25. Instruments executed in Tanzania ........................................................................................................................................... 9
26. Instruments executed outside Tanzania ................................................................................................................................. 9
27. Bills, cheques and notes drawn outside Tanzania .............................................................................................................. 9
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28. Special provisions for any particular class of instruments ........................................................................................... 10
(f) Valuation of stamp duty ..................................................................................................................................................................... 10
29. Conversion of amount expressed in foreign currencies ................................................................................................. 10
30. Stock and marketable securities, how to be valued ....................................................................................................... 10
31. Effect of statement of rate of exchange or average price ............................................................................................ 10
32. Instruments reserving interest ................................................................................................................................................ 10
33. Duty on mortgages of marketable securities .................................................................................................................... 10
34. Duty on transfer in consideration of debt, or subject to future payment, etc. ...................................................... 11
35. Valuation in case of annuity, etc. ........................................................................................................................................... 11
36. Claims under certain instruments limited by value of stamp ..................................................................................... 11
37. Facts affecting duty to be set forth in instrument .......................................................................................................... 12
38. Direction as to duty in case of certain conveyances ...................................................................................................... 12
39. Duty in case of certain contracts and agreements .......................................................................................................... 13
40. Transfers between associated corporations ........................................................................................................................ 13
(g) Persons liable to pay duty ................................................................................................................................................................ 14
41. Duties by whom payable .......................................................................................................................................................... 14
42. Obligation to give receipt in certain cases ........................................................................................................................ 15
Part III – Adjudication of stamp duty ....................................................................................................................................................... 16
43. Adjudication .......................................................................................................................................................................................... 16
44. Certificate by Stamp Duty Officer ................................................................................................................................................. 17
Part IV – Instruments not duly stamped .................................................................................................................................................. 18
45. Examination and impounding of instrument ............................................................................................................................ 18
46. Special provision as to unstamped receipts ............................................................................................................................. 18
47. Instruments not duly stamped inadmissible in evidence ..................................................................................................... 18
48. Instruments impounded, how dealt with ................................................................................................................................... 19
49. Stamp Duty Officer may refund penalty paid under section 48(1) ................................................................................... 19
50. Stamp Duty Officer may stamp instruments impounded ..................................................................................................... 19
51. Instruments unduly stamped by accident .................................................................................................................................. 20
52. Endorsement of instruments on which duty has been paid under sections 47, 50 and 51 ...................................... 20
53. Proceedings under this Part not to bar prosecution .............................................................................................................. 21
54. Persons paying duty or penalty may recover same in certain cases ................................................................................ 21
55. Power of Commissioners to refund penalty or excess duty in certain cases ................................................................. 21
56. Non-liability for loss of instruments sent under section 48 ............................................................................................... 21
57. Power of payer to stamp bills, promissory notes and cheques received by him unstamped .................................... 22
58. *** .............................................................................................................................................................................................................. 22
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59. Instruments tendered in primary courts ..................................................................................................................................... 22
Part V – Allowances for stamps .................................................................................................................................................................. 22
60. Allowances for spoiled stamps ...................................................................................................................................................... 22
61. Application for relief under section 60, when to be made ................................................................................................. 24
62. Allowance by Commissioners and Commissioner General ................................................................................................... 24
63. Allowance for misused stamps ...................................................................................................................................................... 24
64. Allowance for spoiled or misused stamps, how to be made .............................................................................................. 25
65. Allowance for stamps not required for use ............................................................................................................................... 25
66. Allowance on renewal of certain debentures .......................................................................................................................... 25
66A. Application of allowance ............................................................................................................................................................... 26
Part VI – Reference and revision ................................................................................................................................................................ 26
67. Control of Commissioners ................................................................................................................................................................ 26
68. Statement of case by Commissioners to Tax Revenue Appeals Board ............................................................................ 26
69. Power of Tax Revenue Appeals Board to call for further particulars as to case stated ............................................. 26
70. Procedure in disposing of case stated ........................................................................................................................................ 27
71. Statement of case by other courts to High Court ................................................................................................................... 27
72. Revision of certain decisions of courts regarding sufficiency of stamps ........................................................................ 27
Part VII – Offences ........................................................................................................................................................................................... 28
73. Offences relating to stamp duty ................................................................................................................................................... 28
74. Where offence is committed by body corporate ..................................................................................................................... 29
75. Liability of employer or principal ................................................................................................................................................. 29
76. Commissioner General may compound offence ...................................................................................................................... 29
77. Burden of proof .................................................................................................................................................................................... 30
Part VIII – Collection and recovery of stamp duty ............................................................................................................................... 30
78. Appointment and duties of agent ................................................................................................................................................ 30
79. Deceased persons ............................................................................................................................................................................... 31
80. Collection of stamp duty from person leaving or having left the United Republic .................................................... 31
81. Collection of duty from guarantor ................................................................................................................................................ 33
82. Collection of stamp duty by distraint .......................................................................................................................................... 33
83. Security on property for unpaid duty .......................................................................................................................................... 34
84. Collection of stamp duty from ship owner ............................................................................................................................... 34
Part IX – Miscellaneous provisions ............................................................................................................................................................ 34
85. Power of inspection ........................................................................................................................................................................... 34
86. Regulations ............................................................................................................................................................................................ 35
Part X – Repeal and savings ........................................................................................................................................................................ 35
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87. Omitted .................................................................................................................................................................................................... 35
88. Repeal of R.L. Cap. 189 .................................................................................................................................................................... 35
89. Savings .................................................................................................................................................................................................... 35
90. Omitted ................................................................................................................................................................................................... 36
Schedule ................................................................................................................................................................................................................ 37
v
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Stamp Duty Act Tanzania
Tanzania
Stamp Duty Act

Chapter 189
Commenced on 1 July 1972
[This is the version of this document at 30 November 2019.]
[Acts Nos. 20 of 1972; 9 of 1977; 12 of 1979; 25 of 1980; 8 of 1983; 16 of 1983; 15 of 1985; 10 of 1986; 6 of 1987; 10
of 1987; 9 of 1988; 13 of 1989; 18 of 1991; 16 of 1992; 3 of 1993; 10 of 1993; 16 of 1994; 13 of 1996; 24 of 1997; 8 of
1998; 15 of 2000; 10 of 2002; 18 of 2002; 15 of 2003; 15 of 2004; 13 of 2005; 6 of 2006; 14 of 2009; 5 of 2011; 10 of
2015]
An Act to provide for stamp duty and for related matters.
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Stamp Duty Act.
2. Interpretation
In this Act, unless the context otherwise requires—
" banker" includes a bank and any person acting as a banker;
"bill of exchange" means a bill of exchange as defined by the Bills of Exchange Act and includes a draft,
order, cheque, letter of credit, and any other document, entitling or purporting to entitle any person,
whether named therein or not, to payment by any other person of, or to draw upon any other person for,
any sum of money;
"bill of lading" means any instrument signed by the owner or master of a ship or vessel or by the agent
of the owner, which states that certain specified goods have been shipped upon a particular ship or vessel
and which purports to set out the terms on which such goods have been delivered to and received by
the ship or vessel, and includes the document commonly known as "through bill of lading" but does not
include a mate's receipt;
"bond" includes—
(a) any instrument whereby a person obliges himself to pay money to another, on condition that the
obligation shall be void if a specified act is performed, or is not performed, as the case may be;
(b) any instrument, other than a bill of exchange or promissory note, attested by a witness and not
payable to order or bearer, whereby a person obliges himself to pay money to another; and
(c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural
produce to another;
"chargeable" means, as applied to an instrument executed or first executed after the commencement
of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the
written law in force in Tanzania when such instrument was executed, or where several persons executed
the instrument at different times, first executed;
"cheque" means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise
than on demand;
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"Commissioners" means the Commissioners of Stamp Duty appointed under the provisions of section 3;
"Commissioner General" means the Commissioner General appointed under section 16 of the Tanzania
Revenue Authority Act;
[Cap. 399]
"composition agreement" means an agreement entered into pursuant to the provisions of section 11;
[Cap. 4 s. 8]
"compounded duty" means any stamp duty payable under a composition agreement, and includes any
sum payable pursuant to an order under section 13 and also includes any additional compounded duty or
any penalty payable or failure to pay compounded duty or additional compounded duty on due date;
"conveyance" includes a conveyance on sale and every instrument by which property, whether movable
or immovable is transferred inter vivos and which is not otherwise specifically provided for by the
Schedule hereto; and also a decree or order for, or having the effect of an order, for foreclosure;
"duly stamped", as applied to an instrument, means that the instrument bears an adhesive or impressed
stamp of not less than the proper amount and that such stamp has been affixed or used in accordance
with the law for the time being in force in Mainland Tanzania;
"executed" and "execution" used with reference to instruments, means "signed" and "signature";
"Government" means the Government of the United Republic;
"impressed stamp" includes—
(a) labels affixed and impressed by a proper officer;
(b) stamps embossed or engraved on stamped paper; and
(c) adhesive stamps over-embossed;
"instrument" includes every document by which any right or liability is, or purports to be, created,
transferred, limited, extended, extinguished or recorded in a paper or electronic form;
"instrument of partition" means any instrument whereby co-owners of any property divide or agree to
divide such property in severalty, and includes also a final order for effecting a partition passed by a civil
court and an award by an arbitrator directing a partition;
"lease" means a lease of immovable property, and includes also—
(a) a certificate of occupancy;
(b) a grant for a term of the right to use and enjoy any easement, profit à prendre, or incorporeal right;
(c) any instrument by which tolls of any description are let; and
(d) any writing on an application for a lease intended to signify that the application is granted;
"marine policy" means any insurance (including reinsurance) made upon any ship or vessel (whether for
marine or inland navigation) or upon the machinery, tackle or furniture of any ship or vessel, or upon any
goods, merchandise, or property of any description whatever on board of any ship or vessel, or upon the
freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel and
includes any insurance of goods, merchandise or property for any transit which includes not only a sea
risk, but also any other risk incidental to the transit insured from the commencement of the transit to the
ultimate destination covered by the insurance, and where any person, in consideration of any money paid
or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods,
merchandise or property of any description whatsoever while on board of any ship or vessel, or engages
to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such
agreement or engagement shall be deemed to be a contract for marine insurance;

"Minister" means the Minister responsible for finance;
"mortgage deed" includes every instrument whereby for the purpose of securing money advanced, or
to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one
person transfers, or creates, to or in favour of another, a right over or in respect of specified property, and
for purposes of this Act includes a charge under the Land Registration Act;
[Cap. 334]
"paper" includes vellum, parchment, or any other material on which an instrument may be written;
"person with whom a composition agreement has been entered into" includes such person's
personal representatives, assigns and attorneys;
"policy of insurance" includes—
(a) a policy of insurance upon any life or lives or upon any event or contingency relating to or
depending upon any life or lives;
(b) a policy of insurance against accident, and for purposes of this Act "a policy of insurance against
accident or an accident policy" means a policy of insurance for any payment agreed to be made
upon the death of any person only from accident or violence or otherwise than from a natural
cause, or as compensation for personal injury, or during the sickness of any person, or his
incapacity from personal injury, or by way of indemnity against loss or damage to any property,
and includes any notice or advertisement in a newspaper or other publication which purports to
insure the payment of money upon the death of, or injury to, or sickness or incapacity of, or loss or
damage to, property of the holder or bearer of the newspaper or publication containing the notice
or advertisement only from accident or violence or otherwise than from natural cause;
"power of attorney" includes any instrument empowering a specific person to act for and in the name of
the person executing it;
"promissory note" means a promissory note as defined by the Bills of Exchange Act; it also includes a
note promising the payment of any sum of money out of any particular fund which may or may not be
available, or upon any condition or contingency which may or may not be performed or happen;
"proper officer" in relation to any function means the Commissioner General, a Commissioner or a
Stamp Duty Officer upon whom such function is conferred or to whom such function has been delegated
under this Act, and where such function has not been specifically conferred upon any of such persons, the
Commissioner General or a Stamp Duty Officer;
"receipt" includes any note, memorandum or writing—
(a) whereby any money, or any bill of exchange, cheque, or promissory note is acknowledged to have
been received;
(b) whereby any other movable property is acknowledged to have been received in satisfaction of a
debt;
(c) commonly known as "cash sale" and given to any person making any payment or giving any bill of
exchange, cheque or promissory note;
(d) whereby any debt or demand, or any part of a debt or demand, is acknowledged to have been
satisfied or discharged; or
(e) which signifies or imports an acknowledgement of any debt or demand, whether the same is or is
not signed with the name of any person;
"specified country" means any country which the Minister may, by notice in the Gazette, declare to be a
specified country for the purposes of the Act or of such provision of this Act as may be specified in such
order;

"settlement" means any non-testamentary disposition in writing of movable or immovable property

made—
(a) in consideration of marriage;
(b) for the purpose of distributing property of the settlor among his family or those whom he desires
to provide, or for the purpose of providing for some person dependent on him; or
(c) for any religious or charitable purpose, and includes an agreement in writing to make such a
disposition, and, where any such disposition has not been made in writing, any instrument
recording, whether by way of declaration of trust or otherwise, the terms of any of such
disposition;
"Stamp Duty Officer" means a Stamp Duty Officer appointed under section 4; and
"tribute agreement" means any instrument by which the holder of a claim or mining lease agrees to
allow another person to work the claim or lease, or part thereof, in return for a proportion of the value of
production or profits of working.
[Act No. 14 of 2009 s. 18; Cap. 215]
3. Commissioners
The Minister may, by notice in the Gazette, appoint not less than two and not more than five public
officers to be Commissioners for Stamp Duty.
4. Stamp Duty Officers

The Commissioner General may, by notice in the Gazette, appoint such number of public officers as he
may deem fit to be Stamp Duty Officers for purposes of this Act and may, by such order or any subsequent
order, delegate to a Stamp Duty Officer all or any of his functions or the functions of the Commissioners.
[Act No. 6 of 2006 s. 28]
Part II – Stamp duties
(a) Instruments chargeable with stamp duty
5. Instruments specified in Schedule chargeable
(1) Every instrument specified in the Schedule to this Act and which—
(a) is executed in Tanzania Mainland; or
(b) if executed outside Mainland Tanzania, relates to any property in Mainland Tanzania or to
any matter or thing to be performed or done in Mainland Tanzania,
shall be chargeable with duty of the amount specified or calculated in the manner specified in that
Schedule in relation to such instrument:
Provided that—
(i) before calculating the stamp duty payable in accordance with article 51 of the Schedule to
this Act on a receipt issued by the manufacturer of locally manufactured goods which are
chargeable to Value Added Tax in accordance with the Value Added Tax Act or to Excise

Duty pursuant to the Excise (Management and Tariff) Act the whole of the Value Added Tax
and the Excise duty shall be deducted from the gross sum;
[Cap. 148; Cap. 147]
(ii) no duty shall be chargeable in respect of any instrument executed by, or on behalf of, or
in favour of the Government in cases where, had this paragraph not been enacted, the
Government would be liable to pay the duty chargeable in respect of such instrument;
(iii) no duty shall be chargeable in respect of any instrument which is exempt from stamp duty
by virtue of any provision of this Act or of an order made under section 16 or section 17 or
by virtue of any other written law;
(iv) a bill of exchange, cheque or promissory note drawn or made in a specified country and
accepted or paid or presented for acceptance or payment, or endorsed, transferred or
otherwise negotiated, in Tanzania Mainland, and which has previously been duly stamped
in the specified country in which it was drawn or made shall be deemed to be duly stamped
for the purposes of this Act;
(v) no power, warrant or letter of attorney granted or to be granted by the Postmaster General,
nor any power, warrant or letter of attorney given by a depositor in the savings bank to any
other person, authorising him to make any deposit of any sum of money in the savings bank
on behalf of the said depositor or to sign any document or instrument required by the rules
or regulations of the savings bank to be signed on making such deposit or to receive back
any sum of money deposited in the savings bank, or the interest arising there from, nor any
receipt nor any entry in any book of receipts for money deposited in the savings bank, nor
for any money received by any depositor, his executors or administrators, assigns, attorneys
or agents, from the funds thereof, nor any draft or order nor any appointment of any agent,
nor any certificate, or other instrument or document whatsoever required or authorised to
be given, issued, signed, made or produced in pursuance of the Bank of Tanzania Act or of
any rules made there under, shall be subject to, or be charged with any stamp duty or duties
whatsoever;
[Cap. 195]
(vi) where a company incorporated in Mainland Tanzania acquires all the undertaking in
Mainland Tanzania of a company incorporated outside Mainland Tanzania no duty shall be
payable on any conveyance or transfer to such company of any of the property comprised in
such undertaking at the time of such acquisition.
(2) For purposes of paragraph (v) of subsection (1) "savings bank" means the Savings Bank established
by the Tanzania Postal Bank Act
[Cap. 301]
(3) The Minister may, by notice published in the Gazette, add to, vary or amend the Schedule.
[Acts Nos. 16 of 1994 s. 62; 13 of 1996 s. 48]
6. Several instruments used in single transaction
(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for
completing the transaction, whether executed at the same time or at different times, the principal
instrument only shall be chargeable with the duty prescribed in the Schedule to this Act for the
conveyance, mortgage or settlement, as the case may be, and each of the other instruments
shall be chargeable with a duty of one thousand five hundred shillings instead of the duty, if any,
prescribed for it in that Schedule.
(2) The parties may determine for themselves which of the instruments so employed shall, for the
purposes of subsection (1) of this section, be deemed to be the principal instrument:

Provided that, the duty chargeable on the instrument so determined shall be the highest duty
which would be chargeable in respect of any of such instrument so employed.
(3) Any instrument modifying the terms of a mortgage in respect of the reduction of principal or
raising or reducing the rate of interest or varying the term for the repayment of principal shall be
chargeable as an agreement.
(4) Where upon receipt of a payment, both a cash sale and a receipt is issued, only one of such
instruments shall be chargeable with duty.
[Act No. 18 of 2002 s. 48]
7. Instruments relating to several distinct matters

Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate
amount of the duties with which separate instruments, each comprising or relating to one of such
matters, would be chargeable under this Act.
8. Instrument coming within several descriptions in Schedule

Subject to section 7, an instrument so framed as to come within two or more of the descriptions in the
Schedule to this Act shall, where the duties chargeable there under are different, be chargeable only with
the highest of such duties:
Provided that, nothing in this Act contained shall render chargeable with duty exceeding ten shillings a
counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty
has been paid.
(b) Composition of duties
9. ***
[Repealed by Act No. 15 of 2004 s. 47]
10. ***
[Repealed by Act No. 15 of 2004 s. 47]
11. Agreement to compound duty on cheques
(1) The Commissioner General may, by agreement with any banker, provide for the composition of
the duty payable on any cheque drawn on such banker on a cheque form issued or adopted by such
banker or any other chargeable instrument issued, given or received by such banker.
(2) Such agreement shall be in such form and for such duration and shall contain such terms and
conditions as the Commissioner General may think proper.
(3) During the continuance in force of any composition agreement under this section, any cheque
or other chargeable instrument to which the agreement relates shall be deemed to be properly
stamped.
[Act No. 6 of 2006 s. 28]
12. Terms implied in composition agreement

It shall be an implied term of every composition agreement entered into under this Act that—

(a) if in consequence of any amendment of this Act or in consequence of this Act being repealed and
replaced—
(i) any duty payable on the chargeable instruments or any category of such instruments to
which the agreement relates is raised;
(ii) any category of instruments which were not chargeable when the agreement was entered
into become chargeable and by virtue of the provisions of the agreement will remain
exempt,
the Commissioner General shall be entitled to terminate the agreement unless the person with
whom it is entered into agrees to such amendment or variation thereof as the Commissioner
General may direct;
(b) the proper officer shall be entitled, by notice in writing, to terminate an agreement in the event of
contravention by the person with whom it is entered of any of its terms or of any provision of this
Act or of regulations made hereunder.
[Act No. 6 of 2006 s. 28]
13. Power to compound duties

The Commissioner General may, by order, provide for the composition or consolidation of duties in the
case of issue by anybody corporate of debentures, bonds or other securities.
[Act No. 6 of 2006 s. 28]
14. Moneys due under composition agreement to be government debt

Any sum of money due under a composition agreement, or an order under section 13 whether by way of
compounded duty, additional compounded duty or penalty shall be a debt due to the United Republic and,
recovered as duty or tax under the provisions of this Act or the Tax Administration Act.
[Act No. 10 of 2015 s. 161; Cap. 438]
15. ***
[Repealed by Act No.15 of 2004 s. 47]
(c) Exemptions
16. Minister may exempt chargeable instrument
(1) The Minister may, by notice in the Gazette, exempt any chargeable instrument, or any category,
class or description of such instruments, from stamp duty.
(2) Where an order under subsection (1) is expressed to have retrospective effect, any instrument
specified in the order or, as the case maybe, any instrument of the category, class or description
specified in the order, and given, issued or executed on or after the date specified in the order shall
be deemed not to have been a chargeable instrument.
17. Commissioner General may exempt fixed sum in lieu of duty on instrument
(1) Where in relation to any transaction or a series of transactions any person is required to give, issue
or execute a number of chargeable instruments, the Commissioner General may, upon payment
by such person of such sum of money as the Commissioner General may direct, exempt, by order
under his hand, all such instruments from stamp duty.

(2) Any sum of money paid under subsection (1) shall be deemed to be compounded duty in respect of
the instruments to which such order relates.
[Act No. 6 of 2006 s. 28]
(d) Stamps and mode of using them
18. Duties how to be paid

Except as is otherwise expressly provided in this Act, the duty with which any instrument is chargeable
shall be paid, and such payment shall be indicated on such instrument, by means of a stamp or stamps in
such manner as may be prescribed.
19. Where adhesive stamps used
(1) Where any chargeable instrument is stamped with an adhesive stamp, every person executing
the instrument or attesting the execution of the instrument by any other person, shall cancel the
stamp, unless at the time of such execution or, as the case may be, attestation, the stamp had been
properly cancelled by any other person who executed the instrument or attested its execution.
(2) A stamp shall be deemed to have been properly cancelled for the purposes of subsection (1) only
if it has been cancelled by a person who is required by that subsection to cancel it, by writing his
name or initials thereon or by affixing on such instrument his seal in such manner that part of the
seal is visible on the stamp or in such other manner as may be prescribed, so that in no case can
such stamp be used for any other instrument or otherwise.
(3) Where a chargeable instrument has been stamped by affixing thereon an adhesive stamp, such
instrument shall, for the purposes of this Act, be deemed not to have been properly stamped if
such adhesive stamp has not been cancelled as is required by this section.
20. Instruments stamped with impressed stamps, how to be written

Every instrument written upon paper stamped with an impressed stamp shall be written in such manner
that the stamp may appear on the face of the instrument and cannot be used for or applied to any other
instrument.
21. Only one instrument to be on same stamp

No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which
an instrument chargeable with duty has already been written:
Provided that, nothing in this section shall prevent any endorsement which is duly stamped or is not
chargeable with duty being made upon any instrument for the purpose of transferring any right created
or evidenced thereby or of acknowledging the receipt of any money or goods the payment or delivery of
which is secured thereby.
22. Instrument written contrary to section 18 or 19 deemed unstamped

Every instrument written in contravention of section 18 or section 19 shall be deemed to be unstamped.
23. Certificate denoting duty or exemption
(1) Where the duty with which an instrument is chargeable, or its exemption from duty, depends
in any manner upon the duty actually paid in respect of another instrument the payment of
such last mentioned duty shall, if application is made to a Stamp Duty Officer for that purpose,

and on production of both the instruments, be denoted upon such first-mentioned instrument
by endorsement under the hand of a proper officer or in such other manner, if any, as may be
prescribed.
(2) Where a Stamp Duty Officer is satisfied that any instrument is, for any reason whatsoever, exempt
from stamp duty, he may on application made in that behalf and upon receipt of the prescribed fee,
endorse the instrument with a certificate signed by him and certifying that the instrument is so
exempt.
24. Provisions as to duplicates and counterparts

The duplicate or counterpart of an instrument chargeable with duty, except the counterpart of an
instrument chargeable as a lease, such counterpart not being executed parts by or on behalf of any lessor
or grantor, shall be deemed not to be duly stamped unless it is stamped as an original instrument or
unless it appears by some stamp impressed thereon or by certificate given by a proper officer that the full
and proper duty has been paid upon the original instrument of which it is the duplicate or counterpart.
(e) Time when instruments must be stamped
25. Instruments executed in Tanzania

All chargeable instruments executed by any person in Mainland Tanzania shall be stamped within thirty
days of execution:
Provided that—
(a) where any such instrument is brought to a proper officer for adjudication under section 43 of this
Act within such thirty days, the period from the presentation of the instrument to the proper
officer until the notification to the person who presented it of the decision of the proper officer,
shall be excluded in computing the said period of thirty days; and
(b) every receipt, acknowledgement of a debt, promissory note and bill of exchange shall be stamped
on the date of execution or the date of the instrument, whichever shall be the earlier date.
26. Instruments executed outside Tanzania

Every chargeable instrument executed out of Mainland Tanzania shall be stamped within thirty days of its
first arrival in Mainland Tanzania:
Provided that—
(a) where any such instrument is brought to a proper officer for adjudication under section 43 of this
Act within such thirty days, the period from the presentation of the instrument to the proper
officer until the notification to the person who presented it of the decision of the proper officer
shall be excluded in computing the said period of thirty days; and
(b) promissory notes and bills of exchange payable on demand or at not more than thirty days from
sight or date shall be stamped within seven days of first arrival in Mainland Tanzania.
27. Bills, cheques and notes drawn outside Tanzania

The first holder in Tanzania Mainland of any bill of exchange, cheque or promissory note drawn or made
outside Mainland Tanzania shall, before he presents the same for acceptance or payment, or endorses,
transfers or otherwise negotiates the same in Mainland Tanzania, cause to be affixed the proper stamp
and, in the case of an adhesive stamp, cancel the same:
Provided that—

(a) if at the time any such bill of exchange, cheque, or note comes into the hands of any holder thereof
in Mainland Tanzania, the proper stamp is affixed thereto, and in the case of an adhesive stamp,
such stamp is cancelled in the manner prescribed by or under this Act, and such holder has no
reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the
time required by or under this Act, such stamp shall in so far as it affects such holder, be deemed to
have been duly affixed and cancelled;
(b) nothing contained in this proviso shall relieve any person from any penalty incurred by him for
omitting to affix or cancel a stamp.
28. Special provisions for any particular class of instruments

Notwithstanding the provisions of sections 25, 26 and 27, regulations made under this Act may provide
for the time of stamping of any category, class or description of chargeable instruments.
(f) Valuation of stamp duty
29. Conversion of amount expressed in foreign currencies

Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any
currency other than that of the United Republic, such duty shall be calculated on the value of such money
in the currency of the United Republic according to the current rate of exchange on the date of the
instrument.
30. Stock and marketable securities, how to be valued

Where an instrument is chargeable with ad valorem duty in respect of any share, stock or other security,
such duty shall, except as provided in article 60 of the Schedule hereto, be calculated on the value of such
share, stock or security, according to the average price or the value thereof on the date of instrument.
31. Effect of statement of rate of exchange or average price

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 such statement, it shall, so far as regards the subject matter of
such statement, be presumed, until the contrary is proved, to be duly stamped.
32. Instruments reserving interest

Where interest is expressly made payable by the terms of an instrument, such instrument shall not be
chargeable with duty higher than that with which it would have been chargeable had no mention of
interest been made therein.
33. Duty on mortgages of marketable securities
(1) Where an instrument, not being a promissory note or a bill of exchange,—
(a) is given upon the occasion of the deposit of any marketable security by way of security for
money advanced or to be advanced by way of loan, or for an existing or future debt; or
(b) makes redeemable or qualifies a duly stamped transfer intended as a security, of any
marketable security,
it shall be chargeable with duty as if it were an agreement or memorandum of an agreement
chargeable with duty under article 5 of the Schedule hereto.

(2) A release or discharge of any such instrument shall be chargeable with the like duty.
34. Duty on transfer in consideration of debt, or subject to future payment, etc.
(1) Where any property is transferred to any person in consideration, wholly or in part, of any debt
due to him, or subject either certainly or contingently to payment or transfer of any money or
stock, whether being or constituting a charge or encumbrance upon the property or not, such debt,
money or stock shall be deemed the whole or part, as the case may be, of the consideration in
respect whereof the transfer is chargeable with ad valorem duty:
Provided that, nothing in this section shall apply to any certificate of sale referred to in article 17
of the Schedule hereto.
(2) For purposes of subsection (1), where property is sold subject to a mortgage or other encumbrance,
any unpaid mortgage money or money charged, together with the interest (if any) due on the
same, shall be deemed to be part of the consideration for the sale:
Provided that, where property subject to a mortgage is transferred to the mortgagee, he shall be
entitled to deduct from the duty payable on the transfer the amount of any duty already paid in
respect of the mortgage.
35. Valuation in case of annuity, etc.

Where an instrument is executed to secure the payment of an annuity or other sum payable periodically,
or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount
secured by such instrument or consideration for such conveyance, as the case may be, shall, for the
purpose of this Act, be deemed to be—
(a) where the sum is payable for a definite period so that the total amount to be paid can be previously
ascertained, such total amount;
(b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in
being at the date of such instrument or conveyance, the total amount which, according to the
terms of such instrument or conveyance, will or may be payable during the period of twenty years
calculated from the date on which the first payment becomes due; and
(c) where the sum is payable for an indefinite time terminable with any life in being at the date of
such instrument or conveyance, the maximum amount which will, or may become, payable as
aforesaid during the period of twelve years calculated from the date on which the first payment
becomes due.
36. Claims under certain instruments limited by value of stamp

Where-—
(a) the amount or value of the subject matter of any instrument chargeable with ad valorem duty
cannot be ascertained at the date of its execution or first execution; or
(b) any instrument is given as security for the repayment of money to be lent, advanced or paid and
the total amount secured or to be ultimately recoverable is unlimited,
nothing shall be claimable under such instrument more than the highest amount or value for which,
if stated in an instrument of the same description, the stamp actually used would, at the date of such
execution, have been sufficient:
Provided that—

(i) where proceedings have been taken in respect of an instrument under section 42 or section 49, the
amount certified by the revenue authority shall be deemed to be the stamp actually used at the
date of execution;
(ii) in the case of an instrument falling within the provisions of paragraph (a) of this section, where at
any time, to the knowledge of the parties thereto the amount or value of the subject matter of such
instrument exceeds the amount or value claimable thereunder as stamped, any party may stamp
such instrument with additional duty covering such excess and thereupon the amount or value
claimable thereunder shall be increased accordingly and the date upon which such excess came to
the knowledge of the parties shall be deemed to be the date of execution for the purposes of this
Act;
(iii) in the case of an instrument falling within the provisions of paragraph (b) of this section, where
at any time the total amount secured or to be ultimately recoverable under such instrument
exceeds the amount or value claimable thereunder as stamped, any party thereto may stamp
such instrument with additional duty covering such excess and thereupon the amount or value
claimable thereunder shall increase accordingly and the date upon which such excess occurred
shall be deemed to be the date of execution for the purposes of this Act.
37. Facts affecting duty to be set forth in instrument

The consideration, if any, and all other facts and circumstances affecting the chargeability of any
instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set
forth therein and the proper officer may require any person executing, or any person employed or being
concerned in or about the preparation of any such instrument to give evidence on oath, or by affidavit,
that the facts and circumstances therein are fully and truly set forth, and for such purpose the proper
officer may administer an oath.
38. Direction as to duty in case of certain conveyances
(1) Where any property has been contracted to be sold for one consideration for the whole, and is
conveyed to the certain purchaser in separate parts by different instruments, the consideration
shall be apportioned in such manner as the parties think fit, provided that a distinct consideration
for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be
chargeable with ad valorem duty in respect of such distinct consideration.
(2) Where property contracted to be purchased for one consideration for the whole by two or more
persons jointly, or by a person for himself and others, or wholly for others, is conveyed in parts by
separate instruments to the persons by or for whom the same was purchased for distinct parts of
the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in
respect of the consideration therein specified.
(3) Where a person, having contracted for the purpose of any property but not having obtained a
conveyance, contracts to sell the same to any other person and the property is in consequence
conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad valorem
duty in respect to the consideration moving from the sub-purchaser.
(4) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof contracts to sell the whole, or any part thereof to any other person or persons
and the property is in consequence conveyed by the original seller to different persons in parts,
the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in
respect only of the consideration paid by such sub purchaser, without regard to the amount or
value of the original consideration, and the conveyance of the residue (if any) of such property to
the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the
original consideration over the aggregate of the considerations paid by the subpurchasers:

Provided that, the duty on such last mentioned conveyance shall in no case be less than fifteen
shillings.
(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately
selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by
him and is duly stamped accordingly, any conveyance which may be afterwards made to him of the
same property by the original seller shall be chargeable with duty equal to that which would be
chargeable on a conveyance for the consideration obtained by such original seller, or where such
duty would exceed twenty five shillings, with duty of twenty five shillings.
(6) Where the holder of a registered claim, mining lease or exclusive prospecting licence has granted
to any person the right to purchase such claim, lease or licence, and if the said right to purchase
becomes vested in some other person by the cession or transfer of the said right, then, upon the
exercise of the said right to purchase, any sums paid for such cession or transfer shall be deemed to
form part of the consideration in the transfer of such claim, lease or licence.
[Cap. 4 s. 8]
39. Duty in case of certain contracts and agreements
(1) Any contract or agreement for the sale—
(a) of any equitable estate or interest in any property;
(b) of any estate or interest in any property, other than land, situated outside Tanzania
Mainland;
(c) of any goods, merchandise, share, stock or debenture, or of any interest therein; or
(d) of any ship or vessel or of any interest in a ship or vessel,

shall be chargeable with the same duty as if such contract or agreement were a conveyance or, as
the case may be, a transfer of the estate, interest or property contracted or agreed to be sold.
(2) Where the purchaser has paid the ad valorem duty as required by subsection (1), and before having
obtained a conveyance or transfer of the property, and within six months after the first execution
of such contract or agreement, enters into a contract or agreement for the sale of the same,
the contract or agreement shall be charged, if the consideration for that sale is in excess of the
consideration for the original sale, with the ad valorem duty payable in respect of such excess
consideration:
Provided that, the duty on such last mentioned contract or agreement shall in no case be less than
ten shillings.
40. Transfers between associated corporations
(1) Stamp duties prescribed in the Schedule to this Act for conveyance and transfers shall not be
chargeable in respect of instruments to which this section applies:
Provided that, no such instrument shall be deemed to be duly stamped unless either it is stamped
with the duty to which it would, but for this section, be liable, or it has in accordance with the
provisions of section 43 been certified by endorsement either that it is not chargeable with any
duty or that it is duly stamped.
(2) This section applies to any instrument in respect of which it is shown to the satisfaction of the
proper officers—
(a) that the effect thereof is to convey or transfer a beneficial interest in property from one
body corporate (hereinafter in this section called "the transferor") to another body corporate
(hereinafter in this section called the transferee"); and

(b) that either—
(i) one of such bodies corporate is beneficial owner of not less than ninety per centum of
the issued share capital of the other body corporate; or
(ii) not less than ninety per centum of the issued share capital of each of the bodies
corporate is in the beneficial ownership of a third body corporate; and
(c) that the instrument was not executed in pursuance of or in connection with an arrangement
hereunder-
(i) a consideration for the conveyance or transfer was to be provided directly or

indirectly by a person other than a body corporate which at the time of the execution
of the instrument was associated with either the transferor or the transferee; or
(ii) the beneficial interest in the property was previously conveyed or transferred directly
or indirectly by such person aforesaid.
(3) For purposes of this section—
(a) a body corporate shall be deemed to be associated with another body corporate if, but not
unless-
(i) one of them is the beneficial owner of not less than ninety per centum of the issued
share capital of the other; or
(ii) not less than ninety per centum of the issued share capital of each of them is in the
beneficial ownership of a third body corporate; and
(b) "body corporate" means—
(i) a company with limited liability;
(ii) a body corporate established by or under any written law;
(iii) any other body corporate designated by the Minister by notice in the Gazette to be a
body corporate for the purpose of this section.
(g) Persons liable to pay duty
41. Duties by whom payable

In the absence of an agreement to the contrary, the expense for stamp duty shall be borne by—
(a) in the case of—
(i) administration bonds;
(ii) bills of exchange;
(iii) bonds;
(iv) bottomry bonds;
(v) customs bonds;
(vi) debentures
(vii) further charges;
(viii) indemnity bonds;

(ix) promissory notes;
(x) releases;
(xi) respondentia bonds;
(xii) security bonds; or
(xiii) settlements,
by the person drawing, making or executing the instruments;
(b) in the case of a policy of insurance other than fire insurance, by the person effecting the insurance;
(c) in the case of a policy of fire insurance, by the person issuing the policy;
[Cap. 4 s. 8]
(d) in the case of a conveyance, including a reconveyance of mortgaged property, by the grantee;
(e) in the case of a lease or agreement to lease, by the lessee or intended lessee;
(f) in the case of a counterpart of a lease, by the lessor;
(g) in the case of a mortgage-deed, by the mortgagor;
(h) in the case of an instrument of exchange, by the parties in equal shares;
(i) in the case of a certificate of sale, by the purchaser of the property to which such certificate relates;
(j) in the case of an instrument of partition, by the parties in proportion to their respective shares in
the whole property partitioned, or when the partition is made in execution of an order passed by a
civil court or arbitrator, in such proportion as such court or arbitrator directs;
(k) in the case of a transfer of shares in an incorporated company or other body corporate, by the
purchaser or transferee;
(l) in the case of a transfer of debentures, being marketable securities, whether the debenture is liable
to duty or not, by the purchaser or transferee;
(m) in the case of a transfer of any interest secured by bond, mortgage deed or policy of insurance, by
the purchaser or transferee;
(n) in the case of a receipt or acknowledgement of a debt, the person giving or issuing the same; or
(o) in any other case, such party to the instrument as a Stamp Duty Officer may direct.
42. Obligation to give receipt in certain cases
(1) Any person receiving any sum of money of one thousand shillings or more, or any bill of exchange,
cheque or promissory note for an amount of five hundred shillings or more or receiving in
satisfaction or part satisfaction of a debt of any movable property of five hundred shillings or more
in value, shall give to the person paying or delivering such money, bill, cheque, note or property, a
duly stamped receipt for the sum, whether or not a demand is made for such receipt.
(2) Any person who is liable to stamp duty under this Act shall keep proper records of his affairs
showing all duties paid by him.
(3) The provisions of subsection (1) shall not apply to a trader who has been registered for Value
Added Tax or to any payments to or by a banker in the ordinary course of his business.

(4) Where a receipt was given by any person for any bill of exchange, cheque or promissory note, such
person shall not be required to give a receipt for any sum of money received by him under such bill
of exchange, cheque or promissory note.
(5) Where the receipt required to be given under subsection (1) is for an amount of one thousand
shillings or more and is in respect of goods sold by a manufacturer or a trader in the ordinary
course of business or is in respect of services of any kind rendered by any person, then,
notwithstanding any custom in any trade or anything to the country contained in this act or in any
other written law or in any agreement between the parties to the sale or, as the case may be, the
contract for services, the person issuing the receipt shall enter in the receipt and in its duplicate
copy the following particulars—
(a) the date on which the payment is made;
(b) the full name and address of the seller of the goods or the person who rendered the services,
as the case may be;
(c) a full description of the goods sold or the services rendered and a statement of the quantity
and value of the goods or, in the case of services, the amount charged in respect of the
services rendered;
(d) the full name and address of the buyer of the goods or the person to whom the services were
rendered, as the case may be; and
(e) such other particulars as may be prescribed by regulations made under this act for the
purposes of this section.
(6) Every person who issues a receipt under subsection (5) shall retain in his records the duplicate
copy of every receipt issued by him and shall preserve that copy for a period of two years or such
longer period as may be prescribed by regulations made under this Act.
(7) The name and address referred to in paragraph (b) of subsection (5) shall be in a printed form and
the receipts issued under this Act shall be numbered and issued in accordance to the serial number.
(8) Any person required to issue receipts in accordance with the provisions of this Act shall, for every
print of a receipt book, submit to the Commissioner the copy of the printer’s certificate showing
the quantity of the receipts printed, their serial numbers and the name of the printer.
(9) Any person who is liable to pay stamp duty under this Act shall keep proper records of his affairs
showing all duties paid by him.
[Acts Nos. 9 of 1977 s. 17; 13 of 1989 s. 29; 10 of 1993 s. 41; 13 of 1996 s. 48; s. 8 of 1998 s. 52; 18 of
2002 s. 49]
Part III – Adjudication of stamp duty
43. Adjudication
(1) Where any person is in doubt as to whether or not any instrument is required to be stamped or as
to the amount of the stamp duty payable in respect of any instrument, he may, upon payment of
such fee as may be prescribed, apply for an adjudication by a Stamp Duty Officer.
(2) Where an application under subsection (1) is made to a Stamp Duty Officer, such officer may
require to be furnished with an abstract of the instrument, and also with such affidavit or other
evidence as he may deem necessary to prove that all the facts and circumstances affecting the
chargeability of the instrument with duty, or the amount of duty with which it is chargeable, are
fully and truly set forth therein and may refuse to proceed upon any such application until such
abstract and evidence have been furnished accordingly:

Provided that—
(a) no evidence furnished in pursuance of this section shall be used against any person in any
civil proceeding, except in an inquiry as to the duty with which the instrument to which it
relates is chargeable; and
(b) every person by whom such evidence is furnished shall, on payment of the full duty with
which the instrument to which it relates is chargeable, be relieved from any penalty which
he may have incurred under this Act by reason of the omission to state truly in such
instrument any of the facts or circumstances aforesaid.
(3) Any person aggrieved by an adjudication by a Stamp Duty Officer under this section may, within
thirty days after the date of such adjudication, submit to the Stamp Duty Officer a memorandum
of appeal setting forth the grounds of his objections, and upon receipt of such memorandum and
such fee for lodging an appeal as may be prescribed, the Stamp Duty Officer shall forward the
memorandum to the Commissioners for their decision.
(4) The Commissioners may call for from the Stamp Duty Officer or the person lodging the
memorandum such particulars as they may require for the purposes of determining the matters
raised in the memorandum of appeal.
(5) The decision of the Commissioners on an appeal under subsection (3) shall, subject to reference to
the Tax Revenue Appeals Board made under section 68, be final and bind the Stamp Duty Officer
and the parties to the instrument.
44. Certificate by Stamp Duty Officer
(1) When an instrument brought to a Stamp Duty Officer under section 41 is, in his opinion, one of a
description chargeable with duty, and—
(a) that officer determines that it is already fully stamped; or
(b) the duty determined by that officer under section 41 or the difference, if any, between the
duty so determined and the duty previously paid, has been paid, that officer shall certify
by endorsement on such instrument that the full duty, stating the amount, with which it is
chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Stamp Duty Officer shall
certify in the manner aforesaid that such instrument is not so chargeable.
(3) Any instrument upon which an endorsement has been made under this section certifying either
that it is not chargeable with any duty, or is duly stamped, shall be admissible in evidence, and
available for all purposes notwithstanding any objection relating to duty:
Provided that, nothing in this section shall authorise a Stamp Duty Officer to make an
endorsement under this section in respect of—
(a) any instrument, other than an instrument to which paragraph (b) applies, executed or first
executed in Mainland Tanzania and brought to him after the expiration of thirty days from
the date of its execution or first execution, as the case may be;
(b) any receipt, acknowledgement or debt, promissory note or bill of exchange drawn and
executed in Mainland Tanzania when brought to him after the drawing or execution was not
duly stamped;
(c) any instrument, other than an instrument to which paragraph (d) applies, executed or first
executed outside Mainland Tanzania and brought to him after the expiration of thirty days
after it has been received in Mainland Tanzania; or

(d) any promissory note or bill of exchange executed outside Mainland Tanzania, when
brought to him after the expiration of seven days after it has been first received in Mainland
Tanzania.
Part IV – Instruments not duly stamped
45. Examination and impounding of instrument
(1) A public officer to whom an instrument is produced in the course of the performance by him of his
functions, shall examine such instrument to ascertain whether such instrument is duly stamped
and shall, if he is satisfied that it is not duly stamped, impound the instrument or cause the same
to be impounded by any other public officer.
(2) The Commissioner General or any public officer authorised in that behalf by the Commissioner
General, may require any person to produce to him any chargeable instrument in possession of
such person, and may exercise in relation to any such instrument so produced to him, the powers
conferred upon a public officer by subsection (1).
(3) Failure by any public officer to examine or impound any instrument as required by this section
shall, in no circumstances, affect—
(a) any proceedings under this Act or any other written law; or
(b) the chargeability, or otherwise, of such instrument.
(4) In this section "public officer" includes any arbitrator or other person having by law or consent of
parties authority to receive evidence.
[Act No. 6 of 2006 s. 28]
46. Special provision as to unstamped receipts

Where any receipt or acknowledgement of debt is tendered to or produced before any public officer
unstamped in the course of the audit of any public account, such officer may in his discretion, instead of
impounding the instrument, require a duly stamped receipt to be substituted therefor.
47. Instruments not duly stamped inadmissible in evidence
(1) No instrument chargeable with duty shall be admitted in evidence for any purpose by any person
having by law or consent of parties authority to receive the evidence or shall be acted upon,
registered in evidence authenticated by any such person or by any public officer, unless such
instrument is duly stamped: Provided that—
(a) any such instrument not being a receipt, an acknowledgement of debt, a bill of exchange,
other than a cheque or a bill of exchange presented for acceptance, accepted or payable
elsewhere than in Mainland Tanzania or a promissory note shall, subject to all just
exceptions, be admitted in evidence on payment of the duty with which the same is
chargeable, or, in the case of an instrument insufficiently stamped, or the amount required
to make up such duty, together, with a penalty of a sum of money equal to ten times the
amount of the proper duty or deficient thereof portion or four hundred shillings, whichever
be the lesser sum of money;
(b) where any person from whom a stamped receipt could have been demanded has given an
unstamped receipt and such receipt if stamped would be admissible in evidence against him,
then such receipt shall be admitted in evidence against him on payment of a penalty of ten
shillings by the person tendering it;

(c) where a contract or agreement of any kind is effected by correspondence consisting of two
or more letters and any one of the letters bears the proper stamp, the contract or agreement
shall be deemed to be duly stamped;
(d) nothing contained herein shall prevent the admission of any instrument in evidence in any
proceeding for a criminal offence;
(e) nothing contained herein shall prevent the admission of any instrument in any court when
such instrument has been executed by or on behalf of the Government, or where it bears the
certificate of a proper officer as provided by section 23 or section 44 or any other provision
of this Act.
(2) The provisions of subsection (1) shall not apply to any instrument chargeable with duty and not
duly stamped which was drawn, given, or executed by the Administrator General or Public Trustee
in his official capacity prior to the 31st day of August, 1933.
(3) Failure by any public officer to examine and impound any instrument as required by this
subsection shall, in no circumstances affect—
(a) any proceedings under this Act or any other written law; or
(b) the chargeability, or otherwise, of such instrument, for the purpose of this section.
48. Instruments impounded, how dealt with
(1) Where the person impounding an instrument under section 45 has by law or consent of parties
authority to receive evidence and admits such instrument in evidence upon payment of a penalty
as provided by section 47, he shall send to a Stamp Duty Officer an authenticated copy of such
instrument, together with-
(a) a certificate in writing, stating the amount of duty and penalty levied in respect thereof; and
(b) the amount of duty and penalty so collected.
(2) In every other case, the person so impounding an instrument shall send it in original to the Stamp
Duty Officer.
49. Stamp Duty Officer may refund penalty paid under section 48(1)
(1) When a copy of an instrument is sent to a Stamp Duty Officer under subsection (1) of section 48,
he may, with approval of the Commissioners, refund any portion of the penalty in excess of fifty
shillings which has been paid in respect of such instrument.
(2) When such instrument has been impounded only because it has been written in contravention of
section 19 or section 20, the Stamp Duty Officer may, with the approval of the Commissioners,
refund the whole penalty so paid.
50. Stamp Duty Officer may stamp instruments impounded
(1) When a Stamp Duty Officer impounds any instrument under this Act or receives any instrument
sent to him under subsection (2) of section 49 not being a receipt, an acknowledgement of a debt, a
bill of exchange or a promissory note, he shall adopt the following procedure-
(a) if he is of the opinion that such instrument is duly stamped, or is not chargeable with
duty, he shall certify by endorsement thereon that it is duly stamped, or that it is not so
chargeable, as the case may be;

(b) if he is of the opinion that such instrument is chargeable with duty and is not duly stamped,
he shall require the payment of the proper duty or the amount required to make up the
same, together with a penalty of an amount equal to 25% of the duty payable and not
more than the amount equal to ten times the amount of the proper duty or of the deficient
portion thereof:
Provided that—
(i) when such instrument has been impounded only because it has been written in
contravention of section 19 or section 20, the Stamp Duty Officer may, with the approval of
the Commissioners, remit the whole penalty prescribed by this section;
(ii) where any instrument is impounded before the time for stamping prescribed by or under
section 25, 26 or 27, as the case may be, has expired, the Stamp Duty Officer may remit the
whole penalty prescribed by this section conditionally on the duty being paid within such
period as he may determine.
[Cap. 4 s. 8]
(2) Every certificate under paragraph (a) of subsection (1) of this section shall, for the purpose of this
Act, be conclusive evidence of the matters stated therein unless the court is satisfied that it was
not signed by a Stamp Duty Officer or that it was obtained by fraud.
(3) Where an instrument has been sent to a Stamp Duty Officer under subsection (2) of section 48
the Stamp Duty Officer shall, when he has dealt with it as provided by this section, return it to the
impounding officer.
[Act No. 18 of 2002 s. 50]
51. Instruments unduly stamped by accident

Where any instrument chargeable with duty and not duly stamped, not being a receipt, an
acknowledgement of a debt, a bill of exchange or a promissory note, is produced by any person of his
own motion before a Stamp Duty Officer within one year from the date of its execution or first execution,
and such person brings to the notice of the Stamp Duty Officer the fact that such instrument is not
duly stamped and offers to pay the Stamp Duty Officer the amount of the proper duty, or the amount
required to make up the same, and the Stamp Duty Officer is satisfied that the omission to duly stamp
such instrument was occasioned by accident, mistake or urgent necessity, he may, instead of proceeding
under sections 45 and 50, receive such amount, and proceed in the manner prescribed by section 50.
52. Endorsement of instruments on which duty has been paid under sections 47, 50 and
51
(1) When the duty and penalty (if any) leviable in respect of any instrument have been paid under
section 47, 50 or 51 the person admitting such instrument in evidence or the Stamp Duty Officer,
as the case may be, shall certify by endorsement thereon the receipt of the proper duty or, as the
case may be, the proper duty and penalty, stating the amount of each and the name and residence
of the person paying the same.
(2) Every instrument upon being so endorsed shall be admissible in evidence, and may be registered
and acted upon and authenticated as if it had been duly stamped, and shall be delivered, on
application in that behalf made by him, to the person from whose possession it came into the
hands of the officer impounding it, or as such person may direct:
Provided that, no instrument which has been admitted in evidence upon payment of duty and
penalty under section 47 of this Act shall be so delivered before the expiration of one month from

the date of such impounding, or if the Stamp Duty Officer certified that its further detention is
necessary and has not cancelled such certificate.
[Act No. 15 of 2000 s. 38]
53. Proceedings under this Part not to bar prosecution

The taking of proceedings or the payment of a penalty under this Part in respect of any instrument shall
not bar the prosecution of any person who appears to have committed an offence against this Act or the
Tax Administration Act in respect of such instrument.
[Act No. 10 of 2015 s. 162; Cap. 438]
54. Persons paying duty or penalty may recover same in certain cases
(1) When any duty or penalty has been paid under section 47, 50 or 51 by any person in respect of an
instrument, and, by agreement or under the provision of section 41, or any other written law in
force at the time when such instrument was executed, some other person was bound to bear the
expense of providing the proper stamp for such instrument, the first-mentioned person shall be
entitled to recover from such other person the amount of the duty or penalty so paid.
(2) For purposes of recovery of any sum of money under subsection (1) any certificate granted in
respect of such instrument under this Act shall be conclusive evidence of the matters certified
unless the court is satisfied that the person signing the certificate did not, at the time of signing it,
hold the office which is required to be held for the purpose of giving such certificate.
(3) Such amount may, if the court thinks fit, be included in any order as to costs in any suit or
proceedings to which such persons are parties, and in which such instrument has been tendered in
evidence.
55. Power of Commissioners to refund penalty or excess duty in certain cases
(1) Where any penalty is paid under section 47 or section 51, the Commissioners may, upon
application in writing made within one year from the date of payment, refund such penalty wholly
or in part.
(2) Where, in the opinion of the Commissioners, stamp duty in excess of that which is legally
chargeable has been charged and paid under section 47 or section 50, the Commissioners may,
upon application in writing made within three months of the order charging the same, refund the
excess.
56. Non-liability for loss of instruments sent under section 48
(1) Where any instrument sent to a Stamp Duty Officer under subsection (2) of section 48 is lost,
destroyed or damaged during transmission, the person sending the same shall not be liable for
such loss, destruction or damage.
(2) When any instrument is about to be so sent, the person from whose possession it came into the
hands of the person impounding the same may require a copy thereof to be made at the expense of
such first-mentioned person and authenticated by the person impounding such instrument:
Provided that, in the event of the loss, destruction or damage of the original instrument such
authenticated copy shall be admissible in evidence in any court.

57. Power of payer to stamp bills, promissory notes and cheques received by him
unstamped
When any bill of exchange, promissory note or cheque is presented for payment unstamped or
insufficiently stamped, the person to whom it is so presented may affix thereto the necessary adhesive
stamp, and upon cancelling the same in manner herein before provided, may pay the sum payable upon
such bill, note or cheque, and may charge the duty against the person who ought to have paid the same,
or deduct it from the sum payable as aforesaid, and such bill, note, or cheque shall, so far as respects the
duty, be deemed good and valid:
Provided that, nothing herein contained shall relieve any person from any penalty or proceedings to
which he may be liable for failure to properly stamp such bill, note or cheque.
58. ***
[Repealed by Act No.10 of 2015 s. 163]
59. Instruments tendered in primary courts
(1) Notwithstanding any provision of this Part or section 72—
(a) where any instrument chargeable with duty is tendered in evidence in a primary court, the
primary court may admit it in evidence without examination or, if the court examines the
same and it appears that it is not duly stamped, may instead of impounding the same, order
that it be presented for adjudication and, if necessary, stamped within such period as the
court may specify and pending such adjudication and stamping may refuse to admit it in
evidence;
(b) where a primary court has admitted in evidence any instrument which is not duly stamped,
a district court or the High Court, in the exercise of their respective jurisdictions under
Part III of the Magistrates' Court Act, may, instead of impounding the same, order it to be
presented for adjudication and, if necessary, stamped, within such period as the court may
specify and, if it is not stamped in accordance with such adjudication, may, in its discretion,
exclude the instrument from evidence in the proceedings, and, where a court so orders, the
instrument may be adjudicated upon and stamped within such period.
[Cap. 11]
(2) Where an instrument to which an order made under this section relates is not presented for
adjudication and stamped in accordance therewith within the period specified, the instrument may
be seized on the order of the court and impounded.
Part V – Allowances for stamps
60. Allowances for spoiled stamps
(1) Subject to such rules as may be prescribed as to the evidence to be required, or the inquiry to be
made, a Stamp Duty Officer may on application made within the period prescribed in section 63,
and if he is satisfied as to the facts, make allowance for stamps spoiled in the cases hereinafter
mentioned, namely—
(a) the stamp on any paper inadvertently or accidentally spoiled, obliterated or, by error in
writing or any other means, rendered unfit for the purpose intended before any instrument
written thereon is executed by any person;

(b) the stamp on any document which is written out wholly or in part, but which is not signed
or executed by any party thereto;
(c) in the case of bills of exchange, cheques or promissory notes—
(i) the stamp on any bill of exchange or cheque signed by or on behalf of the drawer
which has not been accepted or made use of in any manner whatever or delivered out
of his hands for any purpose other than by way of tender for acceptance:
Provided that, the paper on which any such stamp is impressed does not bear any
signature intended as, or for the acceptance of, any bill of exchange or cheque to be
afterwards written thereon;
(ii) the stamp on any promissory note signed by or on behalf of the maker which has not
been made use of in any manner whatever or delivered out of his hands;
(iii) the stamp used or intended to be used for any bill of exchange, cheque, or promissory
note signed by, or on behalf of the drawer thereof but which from any omission or
error has been spoilt or rendered useless, although the same, being a bill of exchange
or cheque;
(iv) may have been presented for acceptance or accepted or endorsed, or, being a
promissory note, may have been delivered to the payee:
Provided that, another completed and duly stamped bill of exchange, cheque or
promissory note is produced identical in every particular, except in the correction of
such omission or error as aforesaid, with the spoiled bill, cheque or note;
(d) the stamp used for an instrument executed by any party thereto which—
(i) has been afterwards found to be absolutely void in law from the beginning;
(ii) has been afterwards found unfit, by reason of any error or mistake therein, for the
purpose originally intended;
(iii) by reason of the death of any person by whom it is necessary that it should be
executed, without having executed the same, or of the refusal of any such person to
execute the same, cannot be completed so as to effect the intended transaction in the
form proposed;
(iv) for want of the execution by some material party, and his inability or refusal to sign
the same, is in fact incomplete and insufficient for the purpose for which it was
intended;
(v) by reason of the refusal of any person to act under the same, or to advance any
money intended to be thereby secured, or by the refusal or nonacceptance of any
office thereby granted, totally fails to the intended purpose;
(vi) becomes useless in consequence of the transaction intended to be thereby effected

being effected by some other instrument between the same parties and bearing a
stamp of no less value ;
(vii) is insufficiently stamped provided that the transaction intended to be effected

thereby has been effected by some other instrument between the same parties and
bearing a stamp of no less value;
(viii) is inadvertently spoiled and in lieu another instrument made between the same
parties, and for the same purpose is executed and duly stamped;
(e) the stamp used on any instrument of lease, conveyance, transfer or other disposition of
immovable property, where such lease, conveyance, transfer or other disposition becomes

inoperative or ineffective in law for absence of consent of the President, a Minister or a

public officer.
(2) Notwithstanding the provisions of subsection (1) no allowance for stamp duty shall be made—
(a) in the case of an instrument which has been executed by any party, unless such instrument
is tendered to the Stamp Duty Officer for cancellation;
(b) in the case of a bill of exchange or a promissory note, if the duty paid is of less than fifteen
shillings.
(3) A certificate by a Stamp Duty Officer signifying the amount of duty paid shall, for purposes of this
section, be deemed to be a stamp of the amount stated in such certificate.
(4) Subject to the provisions of section 63, the provisions of this section shall apply in relation to any
stamp fixed or impressed under any written law in force before the commencement of this Act.
61. Application for relief under section 60, when to be made

The application for relief under subsection (1) of section 60 shall be made—
(a) in the cases mentioned in paragraph (d) (v) of the said subsection, within six months of the date of
the instrument;
(b) in cases of instruments referred to in paragraph (e) of that subsection, within two years of the date
of the notification of the refusal to give consent;
(c) in the case of a stamped paper on which no instrument has been executed by any of the parties
thereto within two years after the stamp has been spoiled; or
(d) in the case of a stamped paper on which an instrument has been executed by any of the parties,
within two years after the execution by the person by whom it was first or alone executed:
Provided that—
(i) when the spoiled instrument has been lawfully sent out of Tanzania Mainland, the application may
be made within two years after it has been received back in Tanzania Mainland;
(ii) when, from unavoidable circumstances, any instrument for which another instrument has been
substituted, cannot be given up to be cancelled within the aforesaid period, the application may be
made within two years after the date of execution of the substituted instrument.
62. Allowance by Commissioners and Commissioner General
(1) The Commissioners may, at any time, make allowance for stamped papers used for printed forms
of instruments by any banker or by any incorporated company or other body corporate, if for
any sufficient reason such forms have ceased to be required by such banker, company or body
corporate, provided that the Commissioners are satisfied that the duty in respect of stamped
papers has been duly paid.
(2) Where in the opinion of the Commissioner General it is just and equitable that allowance be made
for any stamp in any case, he may, by order under his hand, direct that such allowance be made.
[Act No. 6 of 2006 s. 28]
63. Allowance for misused stamps

Where—

(a) any person has inadvertently used for an instrument chargeable with duty a stamp or a description
other than prescribed for such instrument by the rules made under this Act, or a stamp of greater
value than was necessary, or has inadvertently used any stamp for an instrument not chargeable
with duty; or
(b) any stamp used for an instrument has been inadvertently rendered useless under section 22, owing
to such instrument having been written in contravention of the provisions of section 20,
a Stamp Duty Officer may, on application made within two years after the date of the instrument, or, if it
is not dated, within two years after the execution by the person by whom it was first or alone executed,
and upon the instrument, if chargeable with duty, being restamped with the proper duty, cancel and allow
as spoiled the stamp so misused or rendered useless.
64. Allowance for spoiled or misused stamps, how to be made

In case in which allowance is made for spoiled or misused stamps, or the Commissioner General has
directed that allowance for any stamp be made, the Stamp Duty Officer may give in lieu thereof—
(a) other stamps of the same description and value;
(b) if required, and he thinks fit, stamps of any other description of the same amount in value; or
(c) at his discretion, the same value in money.

[Act No. 6 of 2006 s. 28]
65. Allowance for stamps not required for use

When any person is in possession of a stamp or stamps which have not been spoiled or rendered unfit
or useless for the purpose intended and for which he has no immediate use, a Stamp Duty Officer shall
repay to such person the value of such stamp or stamps in money, deducting ten cents for each shilling
or portion of a shilling, upon such person delivering up the same to be cancelled, and proving to such
officer's satisfaction—
(a) that such stamp or stamps were purchased by him with a bona fide intention to use them;
(b) that he has paid the full price thereof; and
(c) that they were so purchased within the period of two years immediately preceding the date on
which they were so delivered:
Provided that, where the person is a licensed vendor of stamps a Stamp Duty Officer may, if he thinks fit,
make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.
66. Allowance on renewal of certain debentures
(1) When any duly stamped debenture is renewed by the issue of a new debenture in the same terms,
a Stamp Duty Officer shall, upon production to him of the new debenture duly stamped, within
one month from the date of the execution of such new debenture, repay to the person issuing such
debenture, the value of the stamp on the original or on the new debenture, whichever shall be less:
Provided that, such repayment shall be made only where the original debenture is produced before
the Stamp Duty Officer and cancelled by him in such manner as the Commissioner General may
direct.
(2) For purposes of subsection (1) a debenture shall be deemed to be renewed on the same terms
notwithstanding any of the following changes—
(a) the issue of two or more debentures in place of one original debenture, the total amount
secured being the same;

(b) the issue of one debenture in place of two or more original debentures, the total amount
secured being the same;
(c) the substitution of the name of the holder at the time of renewal for the name of the
original holder; or
(d) the alteration of the rate of interest or the dates of payment thereof.
[Act No. 6 of 2006 s. 28]
66A. Application of allowance

Where a person is granted an allowance under this Part the Commissioner General may direct that the
allowance be applied in reduction of any tax due payable by the person under any tax law.
[Act No. 10 of 2015 s. 164]
Part VI – Reference and revision
67. Control of Commissioners
(1) The functions of the Stamp Duty Officers under this Act shall be subject to the control of the
Commissioners.
(2) Where a Stamp Duty Officer acting under section 44 or section 50 is in doubt as to the amount of
the stamp duty payable, he may draw up a statement of the case and refer it with his own opinion
thereon for the decision of the Commissioners.
(3) Where a reference is made to the Commissioners under subsection (2), the Commissioners shall
send a copy of their decision to the Stamp Duty Officer who shall proceed to assess and charge the
duty, if any, in conformity with such decision.
68. Statement of case by Commissioners to Tax Revenue Appeals Board

The Commissioners may, and shall if so requested by any interested party, state any case referred to them
under section 67 or otherwise before them for their consideration, and refer such case, with their own
opinion, to the Tax Revenue Appeals Board:
Provided that, where any interested party makes a request for reference to the Tax Revenue Appeals
Board under this section, the Commissioners shall not refer the case to the Tax Revenue Appeals Board
unless such person has first paid such fee as may be prescribed.
[Act No. 15 of 2000 s. 38]
69. Power of Tax Revenue Appeals Board to call for further particulars as to case stated
Where the Tax Revenue Appeals Board is not satisfied that the statements contained in any case referred
to it under the provisions of section 67 are sufficient to enable it to determine the questions raised
thereby the Board may remit the case to the Commissioners to make such additions thereto or alterations
therein as the Board may direct in that behalf.
[Act No. 15 of 2000 s. 38]

70. Procedure in disposing of case stated
(1) The Tax Revenue Appeals Board, upon the consideration of any case referred to it under section
68, shall decide the questions raised and shall deliver its judgment thereon stating the grounds on
which such decision is founded.
(2) The Board shall send to the Commissioners a copy of such judgment under the seal of the Board;
and the Commissioners shall on receiving such copy, dispose of the case in conformity with such
judgment.
[Act No. 15 of 2000 s. 38]
71. Statement of case by other courts to High Court
(1) Where any court, other than the High Court, is in doubt as to the amount of duty to be paid in
respect of any instrument to which proviso (a) to section 47 applies, the magistrate may draw up a
statement of the case and refer it, with his own opinion thereon, for decision of the High Court.
(2) The High Court shall deal with the case as if it had been referred to it under section 68, and send a
copy of its judgment under the seal of the court to the Commissioners and another like copy to the
judge or magistrate making the reference, who shall, on receiving such copy, dispose of the case in
conformity with such judgment.
72. Revision of certain decisions of courts regarding sufficiency of stamps
(1) When any court in the exercise of its civil jurisdiction makes any order admitting any instrument
in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty
under section 46, the court to which appeals lie from, or references are made by, such first
mentioned court may, of its own motion or on the application of a Stamp Duty Officer, take such
order into consideration.
(2) Where such court, after such consideration, is of the opinion that such instrument should not
have been admitted in evidence as duly stamped or as not requiring a stamp, it shall exclude such
instrument from the evidence in the suit or proceedings on the ground that the instrument has not
been duly stamped.
(3) Where such court, after such consideration, is of the opinion that such instrument should not
have been admitted in evidence without the payment of duty and penalty under section 47, or
without the payment of a higher duty and penalty than those paid, it shall record a declaration to
that effect and determine the amount of duty with which such instrument is chargeable, and shall
require any person in whose possession or power such instrument then is to produce the same, and
shall impound the same when produced.
(4) When any declaration has been recorded under subsection (3) of this section, the court recording
the same shall send a copy thereof to a Stamp Duty Officer, and, where the instrument to which
it relates has been impounded or is otherwise in the possession of such court, shall also send him
such instrument.
(5) The Commissioner General may, notwithstanding anything contained in an order admitting such
instrument in evidence, or in any certificate granted under this Act in respect of such instrument,
prosecute any person for any offence against this Act which he considers such person to have
committed in respect of such instrument.
[Act No. 10 of 2015 s. 165; Cap. 438]

Part VII – Offences
73. Offences relating to stamp duty
(1) Any person who—
(a) draws, makes, issues, endorses or transfers, or signs otherwise than as a witness, or presents
for acceptance or payment, or accepts, pays or receives payment of, or in any manner
negotiates, any bill of exchange, cheque or promissory note which has not been duly
stamped;
(b) votes or attempts to vote under any proxy not duly stamped;
(c) issues any share warrant not duly stamped;
(d) being a person required by section 19 to cancel such stamp in the manner prescribed by or
under this Act, fails to so cancel the stamp;
(e) executes any instrument in which all the facts and circumstances required by section 37
to be set forth in such instrument are not fully and truly set forth, or being employed or
concerned in or about the preparation of any instrument, neglects or omits fully or truly to
set forth all such facts and circumstances;
(f) in any case in which a receipt is required to be given by this Act, fails to give such receipt, or
gives a receipt which is not properly stamped;
(g) upon receipt of a sum of money of fifty shillings or more of a property the value of which
is forty shillings or more, gives one receipt, or two or more receipts, of less than, or any of
them of less than forty shillings;
(h) upon being required by the Commissioner General, a Stamp Duty Officer, or a public officer
authorised by the Commissioner General, to produce for inspection any register, book or
document, fails to do so;
(i) being a person appointed to sell stamps, disobeys any lawful direction given by the
Commissioner General or contravenes any of the provisions of the regulations made under
this Act;
(j) not being a person appointed to sell stamps, sells or offers for sale to any person otherwise
than by way of surrender to a Stamp Duty Officer, any stamp other than adhesive stamps
each of the value of fifty cents or less;
(k) fails to pay any compounded duty within thirty days of the expiry of the period during
which it is required to be paid;
(l) fails to submit to a proper officer any statement of account, record or return required to be
submitted by, under or in relation to any composition agreement, within fourteen days of
the expiry of the period during which the same is required to be submitted; or
(m) save with the consent of the Commissioner General, requires any person making any
payment to him or giving him any bill of exchange, cheque or promissory note, otherwise
than in repayment of any sum of money lent, or requires any person delivering any property
to him, to pay for the stamp duty for any receipt given for any such payment, bill of
exchange, cheque, promissory note or property,
shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding fifty
thousand shillings or imprisonment for a term not exceeding two years or to both.
(2) Notwithstanding subsection (1), any person who—

(a) does or omits to do anything with intent to evade the payment of proper stamp duty in
respect of any instrument or to defraud the Government of any duty payable under this Act;
or
(b) with intent to defraud the Government of duty or part of duty payable under this Act—
(i) draws, makes or issues any bill of exchange or promissory note, bearing a date
subsequent to the date on which such bill or promissory note is actually drawn or
made; or
(ii) knowing that any bill of exchange or promissory note has been post-dated in
contravention of this provision, endorses, transfers, presents for acceptance or
payment, or accepts, pays, or receives payment of such bill or promissory note, or in
any manner negotiates the same,
commits an offence and upon conviction shall pay the duty which would have been paid had the
offence not been committed and in addition to that shall be liable to a fine of two million shillings
and imprisonment for a term of two years.
[Acts Nos. 13 of 1989 s. 30; 16 of 1994 s. 63; 13 of 1996 s. 48; 6 of 2006 s. 28]
74. Where offence is committed by body corporate

Where any offence under this Act or under any regulations made under this Act is committed by a
body corporate then, as well as the body corporate, any person who, at the time of the commission
of the offence was concerned, as a director or an officer, with the management of the affairs of such
body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished
accordingly, unless he proves to the satisfaction of the court that he had no knowledge and could not, by
the exercise of reasonable diligence, have had knowledge of the commission of the offence.
75. Liability of employer or principal

Where any offence under this Act or under any regulations made under this Act is committed by a person
as an agent or employee then, as well as the agent or employee, the principal or employer shall be guilty
of the offence and shall be liable to be proceeded against and punished accordingly unless he proves
to the satisfaction of the Court that he had no knowledge and could not, by the exercise of reasonable
diligence, have had knowledge of the commission of the offence.
76. Commissioner General may compound offence
(1) The Commissioner General may, where he is satisfied that any person has committed an offence
under this Act or under any regulations made under this Act, by order, compound such offence by
requiring such person to make payment of a sum of money;
Provided that—
(a) such sum of money shall not be less than fifty shillings or more than the aggregate of half
of the maximum fine provided for such offence and twice the amount of any stamp duty not
paid or not paid in accordance with the provisions of this Act;
(b) the power conferred by this section shall only be exercised where the person admits in
writing that he has committed the offence; and
(c) the Commissioner General shall give to the person from whom he receives such sum of
money, a receipt thereof.
(2) Where an offence is compounded in accordance with the provisions of subsection (1) and any
proceedings are brought against the offender for the same offence, it shall be a good defence for

such offender if he proves to the satisfaction of the court that the offence with which he is charged
has been compounded under subsection (1).
(3) Where any person is aggrieved by any order made under subsection (1), he may, within thirty days
of such order being made, appeal against such order to the High Court and the provisions of Part
X of the Criminal Procedure Act shall apply mutatis mutandis to every such appeal as if it were an
appeal against sentence passed by a district court in the exercise of its original jurisdiction.
[Cap. 20]
[Act No. 6 of 2006 s. 28]
77. Burden of proof

In any proceedings for an offence under this Act, the burden to prove—
(a) that the instrument which is the subject matter of the charge is not a chargeable instrument;
(b) that such instrument is properly stamped; or
(c) that such instrument was stamped at the time when it was, by this Act, required to be stamped,
shall be on the person charged.
Part VIII – Collection and recovery of stamp duty
78. Appointment and duties of agent
(1) In this Part
" agent" means a person appointed as such under subsection (2) of this section;
"appointment notice" means a notice issued by the Commissioner under subsection (2) of this
section;
"moneys" includes any debt, deposit or credit, any salary, wages and pension payments and any
other remuneration whatsoever;
"principal" means the person in respect of whom an agent is appointed.
(2) The Commissioner may, in his discretion, by written notice addressed to any person—
(a) appoint him to be the agent of another person for the purposes of the collection and
recovery of stamp duty due from such other person; and
(b) specify the amount of such duty to be collected and recovered.
(3) An agent shall pay the stamp duty specified in his appointment notice out of any moneys which
may at any time during twelve months following the date of the notice, be held by him for, or
become due from him to, his principal.
(4) Where an agent claims to be, or to have become, unable to comply with subsection (3) of this
section by reason of the lack of moneys held by, or due from him, he shall, as soon as may be
practicable, notify the Commissioner accordingly in writing setting out fully the reasons for his
inability so to comply, and the Commissioner may—
(a) accept the notification and cancel or amend the appointment notice accordingly; or
(b) if he is not satisfied by such reasons, reject the notification.
(5) Unless and until a notification is given by an agent under subsection (4) of this section—

(a) sufficient moneys for the payment of the stamp duty specified in his appointment notice
shall be presumed to be held by him for, or due from him to, his principal; and
(b) in any proceedings for the collection or recovery of such duty, he shall be stopped from
asserting the lack of such moneys.
(6) For purposes of this section, the Commissioner may, by notice in writing at any time, require any
person to furnish him within a reasonable time, not being less than thirty days from the date of
service of such notice, with a return showing any moneys which may be held by such person for, or
become due to him by, any other person from whom tax is due.
(7) Where an agent fails to pay any amount of stamp duty specified in his appointment notice within
thirty days—
(a) of the date of service of such notice on him; or
(b) of the date on which any moneys came into his hands for, or become due by him to, his
principal, whichever is the later, and—
(i) he has not given a notification under subsection (4) of this section; or
(ii) he has given such notification which has been rejected by the Commissioner,
the provisions of this Act relating to the collection and recovery of stamp duty shall apply to the
collection and recovery of such amount as if it were due and payable by the agent, the due date
for the payment of which was the date upon which such amount should have been paid to the
Commissioner under this subsection.
(8) An agent who has made any payment of stamp duty under this section shall for all purposes
be deemed to have acted therein with the authority of his principal and of all other persons
concerned, and shall be indemnified in respect of such payment against all proceedings, civil or
criminal, and all process, judicial or extrajudicial, notwithstanding any provisions to the contrary
in any written law, contract or agreement.
(9) Any person who, in giving a notification under subsection (4) of this section, wilfully makes any
false or misleading statement, or wilfully conceals any material fact, commits an offence.
(10) For purposes of this section, cases where moneys are held by an agent for, or due by him to, his
principal, shall include cases where the agent—
(a) owes or is about to pay or becomes liable to pay the principal;
(b) holds money on account of some other person for payment to the principal; or
(c) has authority from some other person to pay money to the principal.
[Act No. 13 of 1996 s. 48]
79. Deceased persons

Where any person dies then, to the extent to which any stamp duty remains unpaid shall be a debt due
and payable out of his estate.
[Acts Nos. 13 of 1996 s. 48; 15 of 2000 s. 38]
80. Collection of stamp duty from person leaving or having left the United Republic
(1) Notwithstanding anything to the contrary in this Act, where the Commissioner has reason to
believe that any person who is liable to pay stamp duty under any provision of this Act—
(a) is about to leave the United Republic without having paid such duty; or

(b) has left the United Republic without having paid such duty and his absence is unlikely to
be only temporary, he may, whether or not the due date for the payment of such duty has
arrived, by notice in writing served on such person, require—
(i) that payment of the whole, or such part as remains unpaid, or payable be made
within such time as may be specified in the notice; or
(ii) that security to his satisfaction be given for such payment.
(2) Where any notice has been served on any person under this section, the amount of the stamp duty
payable and required to be paid shall, notwithstanding that an appeal is pending or a request for
reference to the Tax Revenue Appeals Board has been made, be deemed to be due and payable on
the date specified in such notice and in default of compliance with such notice the Commissioner
shall in addition to any action taken under subsection (3) of this section or under section 78 be
entitled forthwith to recover the duty by suit or distress under this Act:
Provided that, if subsequent to the commencement of any suit under this section the person
complies with such notice, any such suit shall I discontinued.
[Cap. 4 s. 8]
(3) Where any person has failed to comply with notice served personally on him under this section,
the Commissioner may apply to a resident magistrate for the arrest of such person, and if the
resident magistrate satisfied by affidavit or otherwise—
(a) that an amount of stamp duty is due and payable by such person;
(b) that such person has failed to comply with such notice; and
(c) that there is reason to believe that such person is about to leave the United Republic,
he may issue a warrant to arrest such person and brin him before the court to show cause why he
should n pay such duty or give security therefor to the satisfaction of the Commissioner:
Provided that, such a person shall not be arrested if he pays to the officer entrusted with the
warrant the amount of the stamp duty due.
(4) Where any person is brought before a court under subsection (3) of this section fails to show cause
as thereby required, the magistrate may order him either forthwith to pay the amount of stamp
duty due or forthwith to give security thereof to the satisfaction of the Commissioner and, in
default of compliance, to b committed to prison until either such stamp duty due paid or such
security given;
Provided that—
(a) no such person shall be detained in prison for a longer period than six months; and
(b) the detention in prison of any such person shall not release such person from the liability to
pay such duty.
(5) In any proceedings under subsection (3) or (4) of this section the production of a certificate signed
by the Commissioner giving the name and address of t person and the amount of stamp duty
due and payable b him shall be sufficient evidence that such amount of of stamp duty is due and
payable by such person.
(6) The compliance by any person with a notice served on him under subsection (1) of this section
shall not prejudice his right to appeal or to request for reference to the Tax Revenue Appeals Board
and finally if upon determination, the amount of stamp duty due and payable by such person is—
(a) less than the amount paid, then the amount overpaid shall be refunded together with
interest thereon at such rate as the court may order; or

(b) more than the amount paid, then the amount underpaid shall be payable as if it were a
balance of stamp duty charged.
[Acts Nos. 13 of 1996 s. 48; 15 of 2000 s. 38]
81. Collection of duty from guarantor
(1) Where any security has been given under subsection (1) of section 80 and such security consists
of a form of guarantee under which, in default of payment of stamp duty in terms of the security,
a person, in this section referred to as guarantor, is obliged to pay such duty the Commissioner
may, in default of payment of the duty by notice in writing served on the guarantor require him
to pay within ninety days of the notice, such amount of stamp duty, not exceeding the amount
guaranteed by him, as shall be specified in such notice.
(2) The provisions of this Act relating to the collection and recovery of stamp duty shall apply to the
collection and recovery of the amount of stamp duty specified in a notice added under this section
as if that amount were stamp duty due and payable by the guarantor and as if the due date of the
payment of that amount were the date upon which the amount was due for payment under the
notice.
[Act No. 13 of 1996 s. 48]
82. Collection of stamp duty by distraint
(1) In any case in which stamp duty is recoverable by suit by the Commissioner, he may, instead of
suing for such stamp duty, recover the same by distress, and for that purpose may by order under
his hand authorise any public officer or an officer of a court to execute such distress upon the
goods and chattels of the person from whom such stamp duty is recoverable and such officer may
at the cost of the person from whom such duty is recoverable, employ such servants or agents as he
may think necessary to assist him in the execution of the distress:
Provided that—
(a) where the full amount of the stamp duty due and payable is not recovered by such distress,
the Commissioner may forthwith recover the deficiency in any other manner provided by
this Act;
(b) where the full amount of stamp duty due and payable has been paid after the issue of
an order under this section and before the execution of distress, any costs and expenses
incurred by the Commissioner prior to the payment of the stamp duty shall be deemed to be
a debt due and payable to the Government by the person in respect of whom the order was
issued and may be recovered by the Commissioner as stamp duty under this Act.
(2) For purposes of levying any distress under this section an officer authorised under subsection (1)
of this section together with such servants or agents as such person may consider necessary, may
break open in the daytime any premises, and any such officer may require any police officer to be
present while such distress is being levied and any police officer so required shall comply with such
requirement.
(3) A distress levied under this section shall be kept for ten days, either at the premises at which such
distress was levied or at such other place as the authorised officer may consider appropriate, at the
cost of the person from whom the stamp duty is recoverable.
(4) If the person from whom stamp duty is recoverable by distress does not pay such duty together
with the costs of the distress within the period of ten days referred to in subsection (3) of this
section, the goods and chattels distrained upon shall be sold by public auction for payment of
the duty due and payable and all such costs, and the proceeds of such sale shall be applied first
towards chattels distrained upon, then towards the duty due and payable and any remainder of
such proceeds shall be restored to the owner of the property distrained.

(5) For purposes of this section, the provisions of the Civil Procedure Code in relation to distress
shall not apply and the Minister shall, by regulations published in the Gazette, provided for the
procedure for distress for the purpose of this section.
[Cap. 33]
[Act No. 13 of 1996 s. 48]
83. Security on property for unpaid duty
(1) Where any person being the owner of land or any premises situated in the United Republic fails
to make payment of any stamp duty due by him on or before the due date or fails to comply with
a notice served on him under section 80, the Commissioner may by notice in writing notify such
person of his intention to apply to the Registrar of Titles for such land or premises to be the
subject of security for stamp duty of an amount specified in the notice.
(2) Where any person on whom a notice has been served under this section fails to make payment of
the whole of the amount of the stamp duty specified in the notice within thirty days of the date of
the service of the notice, the Commissioner may by notice in writing direct the Registrar of Titles
that the land or building, to the extent of the interest of such person therein, be the subject of
security for stamp duty of a specified amount, and the registrar shall without fee, register such
direction as if it were an instrument of mortgage over or charge on, as the case may be, such land
or premises and thereupon such registration shall subject to any prior mortgage or charge operate
while it subsists in all respects as a legal mortgage over or charge on such land or premises to
secure the amount of the stamp duty.
(3) The Commissioner shall, upon the payment of the whole of the amount of the stamp duty secured
under subsection (2) of this section, by notice in writing to the Registrar of Titles cancel the
direction made under that subsection and the Registrar shall, without fee, record such cancellation
and thereupon such direction shall cease to subsist.
[Act No. 13 of 1996 s. 48]
84. Collection of stamp duty from ship owner
(1) In addition to any other powers of collection of stamp provided in this Act, the Commissioner
may in any case where stamp duty recoverable by suit has been charged on any person who carries
on the business of ship-owner, charterer or air transport operator, issue to the proper officer of
Customs by whom clearance may be granted a certificate containing the name of such person and
the amount of the stamp duty due and payable and on receipt of such certificate the proper officer
of Customs shall refuse clearance from any port or airport in the United Republic to any ship or
aircraft owned by such person until such duty has been paid.
(2) No civil or criminal proceedings shall be instituted or maintained against the proper officer of
Customs or any other authority in respect of a refusal of clearance under this section, nor shall the
fact that a ship or aircraft is detained under this section affect the liability of the owner, charterer
or agent to pay harbour or airport dues and charges for the period of detention.
[Act No. 13 of 1996 s. 48]
Part IX – Miscellaneous provisions
85. Power of inspection

Every person, whether a public officer or not having in his custody any registers, books, records, papers,
documents or proceedings, the inspection may tend to secure any duty, or to prove or lead to the

discovery of any fraud, or omission, in relation to any duty, shall, at all reasonable times, permit a Stamp
Duty Officer or any person authorised in writing in that behalf by the Commissioner General to inspect
for such purpose the registers, books, papers, documents, and proceedings, and take such notes and
extracts as he may deem necessary without fee or charge.
[Act No. 13 of 1996 s. 48]
86. Regulations
The Minister may make regulations for the better carrying out of the purposes and provisions of this Act,
and without prejudice to the generality of the foregoing, may make regulations—
(a) regulating the supply and sale of stamps and stamped papers;
(b) providing for the authorisation of persons by whom stamps and stamped papers may be sold;
(c) providing for the remuneration of persons, other than public officers, authorised to sell stamps and
stamped papers;
(d) prescribing the manner in which the Commissioners shall exercise their functions under this Act;
(e) providing for any one Commissioner to exercise the functions of the Commissioners;
(f) regulating composition agreements; and
(g) providing for anything or matter which may be prescribed or provided for by rules or regulations.
Part X – Repeal and savings
87. Omitted
Definition of R.L. Cap. 189
88. Repeal of R.L. Cap. 189

Repeals the Stamps Ordinance.
89. Savings
Notwithstanding the repeal of the Ordinance—
(a) until such time as the appointment of any such person is revoked by appropriate subsidiary
legislation made under this Act—
(i) all persons appointed as Commissioners for the purposes of the Ordinance, shall be deemed
to have been appointed as Commissioners for the purposes of this Act;
(ii) every person appointed as a revenue authority or having, immediately before the
commencement of this Act, the powers of a revenue authority under the Ordinance, shall be
deemed to have been appointed a Stamp Duty Officer for the purposes of this Act;
(b) until revoked by regulations made under this Act, the Stamp Duties (Stamping of Instruments)
Rules shall continue in effect as, and be deemed to be, regulations made under this Act and may be
amended accordingly;
(c) all exemptions granted under section 15A of the Ordinance shall continue in force and have effect
as exemptions granted under section 16;

(d) every composition agreement entered into under section 13 or section 14 of the Ordinance shall
continue in force as a composition agreement entered under the corresponding provision of this
Act;
(e) every order made under section 14 of the Ordinance providing for the composition or
consolidation of duties shall continue in force as an order made under section 13 of this Act;
(f) where immediately before the commencement of this Act any proceeding for adjudication of
duty is pending before a revenue officer or before the Commissioners or the High Court, such
proceeding may be proceeded with, concluded, appealed against or referred to the High Court or
other authority in the manner provided for in this Act, and the relevant provisions of this Act shall
apply.
[R.L Cap. 189]
90. Omitted
Transitional provisions.

Schedule
Stamp duty on instruments (Section 5)
Article No Description of instruments Proper stamp duty
1. ACKNOWLEDGEMENT of a debt: Nil
(a) of an amount not exceeding TShs. 500/=

TShs. 1,000/=
(b) of an amount exceeding TShs.

1,000/=
2. ADMINISTRATION BOND: Nil
(a) where the amount is less than TShs. 500/=

TShs. 1,000/=
(b) where the amount is TShs.

1,000/= or more
3. ADOPTION DEED: that is to say TShs. 500/=

any instrument, other than a
will, recording an adoption or
conferring or purporting to confer
an authority to adopt.
4. AFFIDAVIT: Including an TShs. 500/=

affirmation or declaration in the
case of person by law allowed to
affirm or declare instead of taking
oath.
Exemptions:
(a) Affidavit or declaration in

writing when made–
(i) for the immediate purpose of

being filed or used in any court or
before an officer of any court; or
(ii) for the sole purpose of

enabling any person to receive
any pension or charitable
allowance;
(b) Affidavit made for use before

any Commission appointed by the
President to hold an Inquiry;
(c) Statutory Declaration

under section 89 of the Land
Registration Act, or any Act
amending or substituting that Act.
(d) Omitted: Cap. 356 s. 11(1)(a)

5. AGREEMENT OR MEMORANDUM TShs. 500/=

OF AGREEMENT:
Nil
(a) if relating to the sale of a bill
TShs. 500/=
of exchange
TShs. 500/=
(b) if not otherwise provided for:
(i) For a sum of money not

exceeding TShs. 1,000/=
(ii) For a sum of money of

TShs.1,000/= or more
(iii) Where no sum of money is

involved
Exemptions:
(1) Agreement or memorandum of

an agreement–
(a) For or relating to the sale

of goods or merchandise
exclusively, not being a Note or a
Memorandum chargeable under
No. 41
(b (c) Made in the form of tenders to

the Government for or relating to
any loan.
(d) Being a contract of service

required to be made in writing by
or under the Employment Act or
the Merchant Shipping Act.
(e) Made with the Government,

the Community or any institution
or corporation.
(2) Apprenticeship deed including

every writing relating to
the service or tuition of any
apprentice, clerk or servant placed
with any master to learn any
profession, trade or employment.
6. AGREEMENT RELATING TO TShs. 500/=

DEPOSIT OF TITLE DEEDS,
TShs. 500/=
HYPOTHECATION, PAWN
OR PLEDGE, that is to say,
any instrument evidencing an
agreement relating to:
(1) The deposit of title-deeds

of instruments constituting or
being evidence of title to any
property whatsoever (other than a
marketable security).

(2) The hypothecation,

pawn or pledge of movable
property, where such deposit,
hypothecation, pawn or pledge
has been made by way of security
for the repayment of money
advanced or to be advanced by
way of loan or for an existing of
future debt
7. APPOINTMENT IN EXECUTION TShs. 2,000/=

OF POWER, whether of trustees
or of a property, movable or
immovable, where made by any
writing not being a will.
8. APPRAISEMENT OR VALUATION, Nil

made otherwise than under an
TShs.500/=
order of the Court in the course of
a suit:
(a) Where the amount is less than

TShs. 1,000/=.
(b) In any other case
Exemptions:
(a) Appraisement or valuation

made for information of one party
only, and not being in any manner
obligatory between parties either
by agreement or operation of law.
(b)Appraisement of crops for

the purpose of ascertaining the
amount to be given to a landlord
as rent.
9. ARTICLES OF ASSOCIATION OF A TShs. 5,000/=

COMPANY: Exemptions: Articles
of any association not formed
for profit and registered under
the law in force, in Tanzania
relating to companies. See also
Memorandum of Association of a
company (No. 38)
10. AWARD, that is to say, any Nil

decision in writing by an
Tshs. 500
arbitrator or umpire, not being an
award directing a partition on a
reference made otherwise than by
an order of the court in the course
of a suit:
(a) Where the amount or value of

the property to which the award

relates as set forth in such award

is less than TShs.1,000/=
(b) In any other case.
11. BILL OF EXCHANGE, not being a Nil

bond, bank note or currency note.
12. BILL OF LADING (including a NIL

through bill of lading).
Exemptions:
(a) Bill of lading when the goods

therein described are received
at a place within the limits of
any port within the meaning of
the Customs (Management and
Transfer Tax) Act, and are to be
delivered at another place within
the limits of the same port.
(b) Bill of lading when executed

out of Tanzania and relating
to property to be delivered in
Tanzania.
13. BILLS OF SALE: 0.5 percent for the first TShs.

100,000/= then 1 percent of value
(1) ABSOLUTE in excess of TShs. 100,000/=
(2) By way of security 1 percent of the value to a
(3) By way of collateral security maximum of TShs. 10,000/=
for every sum of TShs. 1,000/= or 1 percent not exceeding TShs.
part thereof secured 1,000/=
14. BOND, not being a Debenture 1 percent of the base value of the
(No. 26), and not being otherwise bond
provided for by this Act or by any
Rules of court. See Administration
Bond (No. 2), Bottomry Bond (No.
33), Respondentia Bond (No. 54),
Security Bond (No. 55).
Exemptions:
(a) Bond when executed by

any person for the purpose of
guaranteeing that the local
income derived from private
subscriptions to a charitable
dispensary or hospital or any
other object of public utility shall
not be less than a specified sum
per mensem or annum.
(b) Bail Bonds in criminal cases,

recognisance to prosecute or give
evidence, or recognisance for

personal appearance or otherwise

issued or taken by the police
under the Criminal Procedure Act.
15. BOTTOMRY BOND, that is to 1 percent of the value of the bond

say, any instrument whereby but not exceeding TShs. 10,000/=
the master of a sea-going ship
borrows money on the security of
the ship to enable him to preserve
the ship or prosecute her voyage.
16. CANCELLATION, INSTRUMENT The same duty as the original

OF, if attested and not otherwise
TShs. 500/=
provided for–
(a) If the duty with which the

original was chargeable does not
exceed TShs. 1,000/=.
(b) In any other case. See also

Release (No. 53), Revocation of
Settlement (No. 56(b)), Surrender
of Lease (No. 59), Revocation of
Trust (No. 63(b))
17. CERTIFICATE OF SALE (in respect 0.5 percent for the first TShs.
of each property put up as a 100,000/=, then 1 percent for
separate lot and sold) granted to value in excess of TShs. 100,000/=
the purchaser of any auction by a
civil court.
18. CERTIFICATE OR OTHER Tshs 500/=

DOCUMENT evidencing the right
or title of the holder, or any other
person, either to any shares, scrip
or stock in or of any incorporated
company or other body corporate,
or to become proprietor of shares,
scrip or stock in or of any such
company or body.
See also Letter of Allotment of

Shares (No. 35).
19. CHARTER PARTY, that is to TShs.500/=

say, any instrument (except an
agreement for the hire of a tug
steamer) whereby a vessel or some
specified principal part thereof is
let for the specified purposes of
the charterer whether it includes a
penalty clause or not
20. CHEQUE. TShs. 100/=
21. COMPOSITION DEED, that is to TShs. 500/=

say, any instrument executed by

a debtor whereby he conveys his

property for the benefit of his
creditors, or whereby payment
of a composition or dividend
on their debts is secured to the
creditors, or whereby provision
is made for the continuance of
the debtor's business, under the
supervision of inspectors or under
letters of licence, for the benefit
of his creditors, or a Deed of
Agreement under the Deeds of
Arrangement Act.
22. CONVEYANCE, not being a NIL

transfer charged or exempted
0.5 percent for the first TShs.
under No. 60:
100,000, then 1 percent for value
(a) Where the amount or value in excess of TShs. 100,000/=
of the consideration for such
Tshs. 500/=
conveyance does not exceed TShs.
20,000/=.
(b) Where the amount exceeds

TShs. 20,000/=: Provided that
in any case where an agreement
for sale is stamped with the
ad valorem duty required for a
conveyance, and a conveyance
in pursuance of such agreement
is subsequently executed, the
duty on such conveyance shall be
reduced by the amount of the duty
paid on such agreement, but shall
not be less than TShs. 1,000/=:
Provided also that in the case of a
decree or order, for or having the
effect of an order for foreclosure,
the ad valorem Stamp Duty upon
any such decree or order shall not
exceed the duty on a sum equal to
the value of the property to which
the decree or order relates, and
where the decree or order states
that value, that statement shall
be conclusive for the purpose of
determining the amount of the
duty, and where ad valorem Stamp
Duty is paid upon such decree or
order, shall be dutiable with TShs.
500/=, under the provisions of
section 6 of this Act: And provided
also that the duty on a conveyance
by the liquidator of a company in
liquidation of property forming
part of the assets of the company
to a shareholder in the course of

the dissolution of the company

shall be TShs. 1,000/=
(c) for conveyance of agricultural

land
Exemptions:
(a) Conveyance of any property

under the Administrator General
(Powers and Functions) Act to
a trustee, heir or beneficiary if
falling under Article 60 (c);
(b) Conveyance of any property

under the Export Processing
Zones and the Special Economic
Zones;
(c) Conveyance on the transfer of

the assets to the Special Purposes
Vehicles (SPV) for the purpose of
issuing asset backed securities.
This exemption shall be limited
to construction of transport
infrastructures and utilities
projects.
23. COPY OF EXTRACT certified to TShs.500/=

be a true copy or extract by or by
TShs.500/=
order of any public officer:
(a) If the original was not

chargeable with duty or if the duty
with which it was chargeable does
not exceed TShs. 1,000/=.
Exemptions:
(a) Copy of any paper which a

public officer is expressly required
by law to make or furnish for
record purposes.
(b) Copy of, or extract from,

any register relating to births,
baptisms, marriages, divorces,
deaths or burials.
(c) Copy of, or extract from, any

proceedings of a court.
24. COUNTERPART OR DUPLICATE TShs. 500/=

of any instrument chargeable with
TShs. 500/=
duty and in respect of which the
proper duty has been paid–

(a) If the duty with which the

original instrument is chargeable
does not exceed TShs. 1,000/=.
Exemptions:
(a) Counterpart or duplicate

prepared and executed solely for
purposes of filing and record in
the Land Registry, the Registry
of Documents or the Mining
Registry.
(b) Duplicate or copy of any

Contract of Service made under
the provisions of the Employment
and Labour Relations Act.
25. CUSTOMS BOND: TShs.500/=
(a) Where the amount does not TShs. 40 per 1,000, the maximum
exceed TShs.9,999/= should not exceed Tshs. 5000/=
26. DEBENTURE: The same duty as a Mortgage (No.

39) for the same amount
Explanation - The term
"debenture" includes any interest The same duty as a Share Warrant
coupons attached thereto, but (No. 57)
the amount of such coupons shall
not be included in estimating the
duty.
(a) If transferable by endorsement

or by separate instrument of
transfer.
(b) If transferable by delivery.
Exemptions: A debenture issued

to an incorporated company or
other body corporate in terms of
a registered mortgage deed duly
stamped in respect of the full
amount of debentures to be issued
thereunder, whereby the company
or body borrowing makes over, in
whole or in part, their property
to trustees for the benefit of the
debenture holders. See also Bond
(No. 14) and section 65.
27. DEED POLL if attested and not TShs. 500/=

otherwise provided for.
28. DELIVERY ORDER IN RESPECT Nil

OF GOODS, that is to say, any

instrument entitling any person

therein named, or his assigns or
the holder thereof, to the delivery
of any goods lying in any dock
or port, or in any warehouse
in which goods are stored or
deposited on rent or hire or upon
any wharf, such instrument being
signed by or on behalf of the
owner of such goods upon the
sale or transfer of the property
therein.
29. DIVORCE, INSTRUMENT OF, that TShs.500/=

is to say, any instrument by which
any person effects the dissolution
of his marriage.
30. EXCHANGE OF PROPERTY, 0.5 percent for the first TShs.

instrument of. 100,000/=, then 1 percent of value
in excess of TShs. 100,000/=
31. FURTHER CHARGE, instrument 1 percent of the instrument with a

of, that is to say, any instrument maximum of TShs. 10,000/=
imposing a further charge on
mortgaged property.
32. GIFT, instrument of, not being 0.5 percent for the first TShs.
a Settlement (No. 56) or Will or 100,000/=, then 1 percent of value
Transfer (No. 60). in excess of TShs. 100,000/=
33. INDEMNITY BOND. Exemptions: TShs. 500/=

Indemnity Bonds given to the
Government or any corporation or
institution.
34. LEASE, including an under-lease 1 percent of the annual reserved

or sublease and any agreement to rent for lease of all durations
Cap. 373 let or sublet:
(a) Where by such lease the rent

is fixed and no premium is paid or
delivered–
(i) where the lease purports to be

for a term of less than one year.
(ii) where the lease purports to

be for a term of not less than one
year but not more than three
years.
(iii) where the lease does not

purport to be for any definite
term.
(iv) where the lease purports to be

in perpetuity.

(b) Where the lease is granted for

a fine or premium or for money
advanced and where no rent is
reserved.
(c) Where the lease is granted for

a fine or premium or for money
advanced in addition to rent
reserved
Exemptions:
(a) Claims issued under the

Mining Act and regulations made
thereunder.
(b) Hypothetication or lease

of any movable or immovable
property as provided under the
Export Processing Zones Act
35. LETTER OF ALLOTMENT OF TShs. 500/=

SHARES in a company, a proposed
company, or in respect of any
loan to be raised by any company
or proposed company. See also
Certificate or other Document
(No. 18).
36. LETTER OF CREDIT, that is to TShs. 500/=

say, any instrument by which
one person authorises another to
give credit to the person in whose
favour it is drawn.
37. LETTER OF LICENCE, that is to TShs. 500/=

say, any agreement between a
debtor and his creditors that the
latter shall for a specified time
suspend their claims and allow
the debtor to carry on business at
his own discretion.
38. MEMORANDUM OF TShs. 5,000/=

ASSOCIATION OF A COMPANY:
TShs. 5,000/=
(a) If accompanied by articles
of association under the law in
force in Tanzania relating to
companies.
(b) If not so accompanied.

Exemptions: Memorandum of
any Association not formed for
profit and registered under the
law in force in Tanzania relating
to companies.

39. MORTGAGE-DEED, not being an 1 percent of instrument, not

agreement relating to Deposit of exceeding a maximum of TShs.
Title Deeds, Hypothecation, Pawn 10,000/=
or Pledge (No. 6), Bottomry Bond
1 percent of instrument, not
(No. 15), Respondentia Bond (No.
exceeding a maximum of Tshs
54), or Security Bond (No. 55):
10,000/=
(a) Where the amount does not
exceed TShs.1,000/=.
(b) Where a certified auxiliary or

additional or substituted security
or by way of further assurance
for the above mentioned purpose
where the principal or primary
security is duly stamped for
every sum of Shs. 1,000/= or part
thereof secured. -
Exemption:
A mortgage bond as provided

under the Export Processing
Zones Act.
40. NOTARIAL ACT, that is to say, TShs. 500/=

any instrument, endorsement,
note, attestation certificate or
entry not being a Protest (No. 48)
made or signed by a Notary Public
in the execution of the duties of
his office or by any other person
lawfully acting as a Notary Public.
41. NOTE OR MEMORANDUM, Nil

sent by a Broker or Agent to
his Principal intimating the
purchase or sale on account of
such Principal.
42. NOTE OF PROTEST BY THE TShs. 500/=

MASTER OF A SHIP. See also
Protest by the Master of a Ship
(No. 49).
43. PARTITION, instrument of. Note: 0.25 percent for the first TShs.
The largest share remaining after 100,000/= then 1 percent in excess
the property is partitioned (or of TShs. 100,000/=
if there are two or more shares
of equal value and not smaller
than any of the other share then
one such equal shares) shall be
deemed to be that from which
the other shares are separated:
Provided always that–
(a) When an instrument of

partition containing an agreement

to divide property is effected in

pursuance of such agreement,
the duty chargeable upon the
instrument effecting such
partition shall be reduced by the
amount of a duty paid in respect
of the first instrument but shall
not be less than one shilling.
(b) Where a final order for

effecting a partition passed by
any civil court, or an award by an
arbitrator directing a partition is
stamped with a stamp required
for an instrument of partition,
and an instrument of partition
in pursuance of such order or
award is subsequently executed,
the duty on such instrument shall
be reduced by the amount of the
duty paid in respect of the first
instrument but shall not be less
than one shilling.
44. PARTNERSHIP: TShs.1,000/=
A. Instrument of: TShs.2,000/=
(i) Where the capital does not TShs.5,000/=

exceed TShs. 10,000/=.
TShs.1,000/=
(ii) Where the capital exceeds
TShs. 100,000/= but does not
exceed TShs. 1,000,000/=.
(iii) In any other case
B. Dissolution.
Exemptions:
This does not include an

assignment by a partner of his
share and interest in the firm in
consideration of a payment or his
release from liabilities of the firm,
or both, by his copartners. This is
dutiable as a Conveyance (No. 22).
45. POLICY OF INSURANCE: Nil
A. Sea Insurance: Nil
(1) For or upon any voyage Nil
(i) Where the premium or Nil

consideration does not exceed the
Nil
rate of one-eighth per centum of
the amount insured by the policy. Nil

(ii) In any other case, in respect

of every full sum of TShs. 10,000/
= and also any fractional part of
TShs. 10,000/= insured by the
policy.
(2) For time–
(i) In respect of every sum of Shs.

5,000/= and also any fractional
part of TShs. 5,000/= insured by
the policy
(ii) where the insurance shall be

made for any time exceeding six
months and not exceeding 12
months.
B. Policy of Insurance against

railway or air accident valid for a
single journey only.
C. Life Insurance– For every sum

insured not exceeding TShs.
5,000/= or part thereof insured in
excess of TShs. 5,000/=.
D. Any valid Policy of Insurance

not specifically provided for
(including any re-insurance by an
insurance company with another
company by way of indemnity or
guarantee against the payment on
the original insurance of a certain
part of the sum insured thereby).
General Exemption:
Letter of cover or engagement to

issue a policy of insurance:
Provided that unless such letter

or engagement bears the stamp
prescribed by this Act for such
policy, nothing shall be claimable
thereunder, nor shall it be
available for any purpose, except
to compel the delivery of the
policy therein mentioned.
46. POWER OF ATTORNEY, not being TShs. 500/=

a Proxy (No. 50):
TShs. 500/=
(a) When executed for the
TShs. 500/=
sole purpose of procuring the
registration of one or more TShs. 500/=
documents in relation to a single
transaction or for admitting TShs. 500/=
execution of one or more such
TShs. 500/=
documents.

(b) When authorising one

person or more to act in a single
transaction other than the case
mentioned in clause (a).
(c) When authorising more than

five but not more than ten persons
to act jointly and severally in
more than one transaction or
generally.
(d) When given for consideration

and authorising the attorney to
sell any immovable property.
(e) In any other case.
(f) Revocation of.
Exemptions:
Authorisation on a bank
permitting one or more persons
to conduct ordinary banking
business on account of another
or others or a resolution whereby
an incorporated company or other
body corporate authorises its
director or directors, servant or
servants similarly to conduct such
business.
Explanation. - For purposes of

this Article two or more persons
who are members of the same firm
shall be deemed to be one person.
47. PROMISSORY NOTE. Nil
48. PROTEST OF BILL OR NOTE, Nil

that is to say, any declaration in
writing made by a Notary Public
or other person lawfully acting as
such, attesting the dishonour of
a bill of exchange or promissory
note.
49. PROTEST BY THE MASTER TShs. 500/=

OF A SHIP, that is to say, any
declaration of the particulars of
her voyage drawn up by him with
a view to the adjustment of losses
or the calculation of averages, and
every declaration in writing made
by him against the charterers
or consignees for not loading or
unloading the ship when such
declaration is attested or certified

by a Notary Public or other person

lawfully acting as such. See also
Note of Protest by the Master of a
Ship (No. 42).
50. PROXY empowering any person Nil

to vote at any one election of the
Nil
Members of a district or local
board or of a body of Municipal Nil
Commissioners, or at any one
meeting of:
(a) members of an incorporated

company or other body corporate
whose stock or funds is or
are divided into shares and
transferable;
(b) a local authority; or
(c) proprietors, members or

contributors to the funds of any
institution.
Note: A proxy giving power to

demand a poll and vote thereat is
dutiable as a Power of Attorney
(No. 46).
51. RECEIPT for any money or other Nil

property:
1 percent
(i) For an amount not exceeding
0.5 percent of total value of
TShs. 1,000/=.
margins being the difference
(ii) For an amount exceeding between selling and buying
TShs. 1,000/=.
(iii) for bureau de change
Exemptions:
Receipt–
(a) endorsed on or contained in

any instrument duly stamped or
exempted under the proviso to
section 5 (instruments executed
on behalf of the Government)
acknowledging the receipt of the
consideration money therein
expressed, or the receipt of
any principal money, interest
or annuity or other periodical
payment thereby secured;
(b) for any payment of money

without consideration;
(c) given by any member of

the Defence Forces, or his

representative, for or on account

of any pay, pension, gratuity or
allowance;
(d) given for or on account of

any salary, pay, or wages, or
for or on account of any other
like payment made to or for
the account or benefit of any
person, being the holder of an
office or an employee, in respect
of his office or employment,
or for or on account of money
paid in respect of any pension,
superannuation allowance,
compassionate allowance, or
other like allowance;
(e) given for money or securities

for money deposited in the hands
of a Bank or any banker, to be
accounted for: Provided that
the same is not expressed to be
received of, or by, the hands of
any other than the person to
whom the same is to be accounted
for: Provided also that this
exemption shall not extend to a
receipt or acknowledgement for
any sum paid or deposited for or
upon a letter of allotment of a
share, or in respect of a call upon
any stock or share of, or in, any
incorporated company or other
body corporate or such proposed
or intended company or body or
in respect of a debenture being a
marketable security;
(f) given by the Government;
(g) by any person or body of

persons, registered under Part IV
of the VAT Act, Cap 148 from the
imposition date of VAT;
(h) for selling agricultural

products by a farmer, a farmers'
association, a co-operative society
or cooperative union;
(i) issued to acknowledge payment

of fees to all farmers, Colleges and
Training Institutions;
(j) for proceeds of game of chance;
(k) for rental income;
(l) for selling fish by fishermen;

(m) for business income.
52. RECONVEYANCE OF 1 percent of mortgage value but

MORTGAGED PROPERTY OR duty not exceeding TShs. 1.000/=
RELEASE OR DISCHARGE OF
ANY MORTGAGE OR CHARGE.
53. RELEASE, that is to say, any 0.25 percent for the first TShs.
instrument not being a release or 100,000/=, then 1 percent of value
discharge charged under article in excess of TShs. 100,000/=
52 or such release as is provided
for by section 32 whereby a person
renounces a claim upon another
person or against any specified
property.
54. RESPONDENTIA BOND, that is 0.5 percent of the mortgage

to say, any instrument securing value, total duty not exceeding
a loan on the cargo laden or to Tshs.10,000/=
be laden on board of a ship and
making repayment contingent on
the arrival of the cargo at the port
of destination.
55. SECURITY BOND OR MORTGAGE 1 percent of mortgage value, duty

DEED Executed by way of security not exceeding TShs. 10,000/=
for the due execution of an office,
TShs. 1,000/=
or to account for money or other
property received by virtue
thereof or executed by a surety to
secure the due performance of a
contract–
(a) when the amount secured does

not exceed TShs. 2,000/=;
(b) in any other case.
General Exemptions:
Bond or other instrument, when

executed–
(a) by any person for the purposes

of guaranteeing that the local
income derived from private
subscriptions to a charitable
dispensary or hospital or any
other object of public utility shall
not be less than a specified sum
per mensem or annum;
(b) executed by Officers of

Government or their sureties to
secure the due execution of an
Office or the due accounting for
money or other property received
by virtue thereof.

56. SETTLEMENT: 0.25 percent for the first TShs.

100,000/=, then 1 percent of value
A: Instrument of (including a deed in excess of TShs. 100,000/=
of dower).
Exemptions: Deed of dower

executed on the occasion of a
marriage between Mohammedans.
B: Revocation of.
See also Trust (No. 63).
57. SHARE WARRANTS to bearer 0.17 percent for the first Tshs.
issued under any written law 100,000/=, then 1.3 percent of
relating to companies. value in excess of Tshs. 100,000/=
Exemptions:
Share warrant when issued by a

company under the law in force in
Tanzania relating to companies,
to have effect only upon payment,
as composition for the duty of–
(a) three-quarters per centum of

the whole subscribed capital of
the company; or
(b) if any company which has

paid the said duty or composition
in full, subsequently issues an
addition to its subscribed capital,
three-quarters per centum of the
additional capital so issued.
58. SHIPPING ORDER for or relating Nil

to the conveyance of goods on
board of any vessel.
59. SURRENDER OF LEASE: TShs. 1,000/=
(1) without consideration– TShs. 1,000/=
(a) when the duty with which The same duty as a Conveyance
the lease is chargeable does not (No. 22) for the amount of the
exceed TShs. 20,000; consideration in addition to the
duty chargeable under paragraph
(b) in any other case. (1)(a) or (b) of this Article.
(2) with consideration.
Exemptions:
Surrender of lease, when such

lease is exempted from duty.
60. TRANSFER (whether with or 1 percent of the value of the

without consideration)– shares approved by the Board
(a) of shares in an incorporated 1 percent of the value of the

company or other body corporate; shares approved by the Board

(b) of debentures whether the 1 percent of the value of the

debenture is liable to duty or not; shares approved by the Board
(c) of any interest secured by a TShs. 1,000/=

bond, mortgage-deed or policy of
Nil
insurance–
Nil
1. if the duty on such bond,
mortgage-deed or policy does not
exceed ten shillings;
2. in any other case;
(d) of any trust-property without

consideration from one trustee to
another trustee or from a trustee
to a beneficiary;
(e) of any property under the

Administrator General (Powers
and Functions) Act to a trustee,
heir or beneficiary:
Provided that in any case where

an agreement for sale is stamped
with the ad valorem duty required
for a transfer, and a transfer in
pursuance of such agreement is
subsequently executed, the duty
on such transfer shall be reduced
by the amount of the duty paid on
such agreement, but shall not be
less than one shilling:
Provided also that the duty on

a transfer by the liquidator of
a company in liquidation of
property forming part of the
assets of the company to a
share-holder in the course of the
dissolution of the company shall
be ten shillings.
Exemptions:
Transfer by sale-
(a) of shares;
(b) of other financial securities,

by companies listed by the Dar es
Salaam Stock Exchange.
Transfers by endorsement–
(1) of a bill of exchange, cheque or

promissory note;
(2) of a bill of lading, delivery

order, warrant for goods, or other
mercantile document of title of
goods;

(3) of a policy of insurance.
61. TRANSFER OF LEASE by way of 0.5 percent for the first TShs.
assignment and not by way of 100,000/=, then 1 percent of value
under-lease. in excess of TShs. 100,000/=
62. TRIBUTE AGREEMENTS: Tshs 500/=
(a) With respect to claims- Tshs 500/=
(i)where the holder reserves Tshs.1000/= for each acre

a proportion of the value of contained in the lease
production, for every one-
Tshs.1,000 for each acre contained
hundredth part of such value
in the lease
reserved, or fraction of such one
hundredth part, in respect of each The same duty as a lease in
claim; addition to the duty (if any)
payable under (a) or (b)
(ii)where the holder reserves
a proportion of the profits of
working, for every one hundredth
part of the amount of the profit
reserved, or fraction of such one
hundredth part in respect of each
claim.
(b) With respect to mining lease-
(i)where the holder reserves

a proportion of the value of
production, for every one-
hundredth part of the value
reserved, or fraction of such one-
hundredth part in respect each
claim;
(ii) where the holder reserves a

proportion of the profits of the
working, for every one-hundredth
part of the amount of the profits
reserved, or fraction of such one-
hundredth part.
(c) Where, in any such agreement,

the consideration or part thereof
is specified in terms of rent.
63. TRUST: 1 percent of the amount of value

of the property concerned with
A. Declaration of, or concerning the maximum not exceeding TShs.
any property when made by any 1,000/=
writing not being a will.
1 percent of the amount of value
B. Revocation of, or concerning of the property concerned with
any property when made by any the maximum not exceeding TShs.
instrument other than a will. 1,000/=
See also Settlement (No. 56)

64. WARRANT FOR GOODS, that is Nil

to say, any instrument evidencing
the title of any person therein
named, or his assigns, or the
holder thereof, to the property
in any goods lying in or upon
any dock, warehouse or wharf,
such instrument being signed or
certified by or on behalf of the
person in whose custody such
goods may be.
65. ANY INSTRUMENT (if attested) TShs. 500/=

not otherwise provided for.
Exemptions:
Wills, codicils of wills, or other

testamentary instruments.
[Acts. Nos. 15 of 2003 s. 45; 15 of 2004 s. 48; 13 of 2005 s. 12; 6 of 2006 s. 28; 5 of 2001 s. 27]

Stamp Duty Act Cap 189, R.E.2019

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Tanzania

Stamp Duty Act

Legislation as at 30 November 2019

FRBR URI: /akn/tz/act/1972/20/eng@2019-11-30

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1. Short title .................................................................................................................................................................................................... 1

4. Stamp Duty Ofﬁcers ................................................................................................................................................................................ 4

Part II – Stamp duties ....................................................................................................................................................................................... 4

(a) Instruments chargeable with stamp duty ...................................................................................................................................... 4

5. Instruments speciﬁed in Schedule chargeable ...................................................................................................................... 4

6. Several instruments used in single transaction .................................................................................................................... 5

7. Instruments relating to several distinct matters ................................................................................................................... 6

8. Instrument coming within several descriptions in Schedule ............................................................................................ 6

(b) Composition of duties ........................................................................................................................................................................... 6

10. *** .......................................................................................................................................................................................................... 6

11. Agreement to compound duty on cheques ........................................................................................................................... 6

12. Terms implied in composition agreement ............................................................................................................................. 6

13. Power to compound duties ......................................................................................................................................................... 7

14. Moneys due under composition agreement to be government debt .......................................................................... 7

15. *** .......................................................................................................................................................................................................... 7

(c) Exemptions ................................................................................................................................................................................................ 7

16. Minister may exempt chargeable instrument ...................................................................................................................... 7

(d) Stamps and mode of using them ..................................................................................................................................................... 8

18. Duties how to be paid .................................................................................................................................................................. 8

19. Where adhesive stamps used ..................................................................................................................................................... 8

20. Instruments stamped with impressed stamps, how to be written ............................................................................... 8

21. Only one instrument to be on same stamp ......................................................................................................................... 8

22. Instrument written contrary to section 18 or 19 deemed unstamped ........................................................................ 8

23. Certiﬁcate denoting duty or exemption ................................................................................................................................. 8

24. Provisions as to duplicates and counterparts ...................................................................................................................... 9

(e) Time when instruments must be stamped ................................................................................................................................... 9

25. Instruments executed in Tanzania ........................................................................................................................................... 9

26. Instruments executed outside Tanzania ................................................................................................................................. 9

27. Bills, cheques and notes drawn outside Tanzania .............................................................................................................. 9

(f) Valuation of stamp duty ..................................................................................................................................................................... 10

29. Conversion of amount expressed in foreign currencies ................................................................................................. 10

30. Stock and marketable securities, how to be valued ....................................................................................................... 10

31. Effect of statement of rate of exchange or average price ............................................................................................ 10

32. Instruments reserving interest ................................................................................................................................................ 10

33. Duty on mortgages of marketable securities .................................................................................................................... 10

35. Valuation in case of annuity, etc. ........................................................................................................................................... 11

36. Claims under certain instruments limited by value of stamp ..................................................................................... 11

37. Facts affecting duty to be set forth in instrument .......................................................................................................... 12

38. Direction as to duty in case of certain conveyances ...................................................................................................... 12

39. Duty in case of certain contracts and agreements .......................................................................................................... 13

40. Transfers between associated corporations ........................................................................................................................ 13

(g) Persons liable to pay duty ................................................................................................................................................................ 14

41. Duties by whom payable .......................................................................................................................................................... 14

42. Obligation to give receipt in certain cases ........................................................................................................................ 15

Part III – Adjudication of stamp duty ....................................................................................................................................................... 16

43. Adjudication .......................................................................................................................................................................................... 16

44. Certiﬁcate by Stamp Duty Ofﬁcer ................................................................................................................................................. 17

Part IV – Instruments not duly stamped .................................................................................................................................................. 18

45. Examination and impounding of instrument ............................................................................................................................ 18

46. Special provision as to unstamped receipts ............................................................................................................................. 18

47. Instruments not duly stamped inadmissible in evidence ..................................................................................................... 18