📋 Key Facts at a Glance
- Current Stamp Duty Rate: 0.1% per side (0.2% total) on Hong Kong stock transfers effective November 17, 2023
- Stock Borrowing Relief: Securities lending transactions can be exempted from stamp duty with proper SBLA registration
- REITs Exemption: Transfers of Real Estate Investment Trust shares are now exempt from stamp duty (since December 2024)
- Registration Required: Stock Borrowing and Lending Agreement (SBLA) must be filed electronically via IRD’s e-Tax system
- Upfront Collection: Brokers collect stamp duty initially (0.1% on borrowed + 0.1% on returned), refunded upon IRD approval
Did you know that Hong Kong short sellers could be paying up to 50% more in stamp duty than necessary? Many traders overlook the hidden costs of stock loans and repos, particularly the complex stamp duty obligations that can significantly impact profitability. In Hong Kong’s dynamic financial markets, understanding these costs isn’t just about compliance—it’s about competitive advantage and bottom-line results.
Understanding Stock Loans and Repos in Hong Kong
Securities lending (stock borrowing) and repurchase agreements (repos) are fundamental mechanisms in Hong Kong’s financial markets, enabling short selling, hedging strategies, and liquidity management. However, these transactions carry hidden costs that many traders overlook, particularly stamp duty obligations that can significantly impact profitability.
Securities Lending (Stock Borrowing)
Securities lending is a transaction where one party (the lender) transfers securities to another party (the borrower) in exchange for collateral, with an agreement that the borrower will return equivalent securities at a future date. The lender receives a lending fee for providing the securities.
- Borrower provides collateral (typically 102-105% of market value)
- Lender receives lending fees (typically expressed in basis points annually)
- Enables short selling and hedging strategies
- Transfer of legal ownership occurs (though beneficial interest differs)
Repurchase Agreements (Repos)
A repo is a transaction where one party sells securities to another with a simultaneous agreement to repurchase the same securities at a specified price on a future date. Economically similar to a collateralized loan, repos are widely used for short-term financing.
- Seller retains economic exposure to the securities
- Buyer provides financing at an agreed repo rate
- Commonly used in fixed income markets
- Involves two separate transfers: initial sale and subsequent repurchase
Hong Kong Stamp Duty Framework for Stock Transfers
Current Stamp Duty Rates
As of November 17, 2023, Hong Kong stamp duty on stock transfers is charged at 0.1% per side, totaling 0.2% for each transfer. This rate was reduced from the previous 0.13% per side (0.26% total) that was in effect from August 2021 to November 2023.
| Component | Rate | Notes |
|---|---|---|
| Buyer’s Stamp Duty | 0.1% | Based on consideration or market value (whichever is higher) |
| Seller’s Stamp Duty | 0.1% | Based on consideration or market value (whichever is higher) |
| Total Stamp Duty | 0.2% | Rounded up to the nearest HKD |
Stamp Duty Relief for Stock Borrowing and Lending
The Hong Kong Inland Revenue Department (IRD) provides stamp duty relief for stock borrowing and lending transactions under specific conditions. This relief is governed by the Stamp Duty Ordinance (Cap. 117) and detailed in the Stamp Office Interpretation and Practice Notes (SOIPN02).
Qualifying Conditions for Relief
- A Stock Borrowing and Lending Agreement (SBLA) must be registered with the IRD
- The transfer must be solely for stock borrowing/lending purposes
- The borrower must return equivalent securities (not the identical securities)
- All statutory conditions specified in the Stamp Duty Ordinance must be met
Registration Procedures
The IRD has streamlined the registration process through electronic services available via the e-Tax platform.
- Prepare the SBLA: Execute a Stock Borrowing and Lending Agreement with your broker or counterparty
- Electronic Registration: Register the SBLA online via the e-Tax system at GovHK e-Stock Borrowing Relief
- Pay Registration Fee: Submit the required registration fee (typically paid by the broker on behalf of the client)
- Annual Filing: File an annual return of stock borrowing transactions as required
- Receive Approval: Upon approval, previously collected stamp duty will be refunded
“Deduct in Advance, Refund Later” Approach
For short selling transactions conducted before IRD approval is granted, brokers implement a “deduct in advance, refund later” mechanism:
- Initial Collection: Broker collects 0.1% stamp duty on borrowed securities
- Return Collection: Broker collects 0.1% stamp duty when securities are returned
- Total Upfront Cost: 0.2% of transaction value (matching the normal buy/sell stamp duty)
- Refund Timeline: Stamp duty refunded to client’s account once IRD approves the SBLA registration
Stamp Duty Treatment of Repo Transactions
Equity Repos vs. Securities Lending
Repurchase agreements involving Hong Kong-listed equities face complex stamp duty treatment because repos legally involve two separate transfers. Unlike securities lending, there is no general stamp duty exemption for equity repos. Each leg of the transaction is treated as a separate transfer subject to the standard 0.2% stamp duty (0.1% per side).
| Transaction Type | Stamp Duty Treatment | Relief Available? |
|---|---|---|
| Securities Lending (with registered SBLA) | Exempt on borrow and return legs | ✓ Yes |
| Equity Repo (Initial Sale) | 0.2% stamp duty payable | ✗ No |
| Equity Repo (Repurchase) | 0.2% stamp duty payable | ✗ No |
| Bond Repo | Not subject to stamp duty | N/A – Exempt instrument |
Recent Regulatory Changes (2024)
December 2024: Stamp Duty Legislation Amendments
On December 11, 2024, the Hong Kong Legislative Council passed the Stamp Duty Legislation (Miscellaneous Amendments) Ordinance 2024, which was gazetted on December 20, 2024. Key changes include:
- REITs Exemption: Transfers of Real Estate Investment Trust (REIT) shares and units are now exempt from stamp duty (previously 0.2% total)
- Options Market Makers: Exempted from the HKD 5 stamp duty per transaction document
- Effective Date: Amendments came into operation on December 21, 2024
- Policy Objective: Enhance Hong Kong’s competitiveness as a financial center and reduce costs for market makers
Practical Cost Calculations for Traders
Scenario 1: Short Selling Without Stamp Duty Exemption
Trader Profile: Retail investor shorting HKD 500,000 worth of HSBC Holdings (00005.HK)
| Cost Component | Amount | Notes |
|---|---|---|
| Stamp duty on borrowing | HKD 500 | 0.1% of HKD 500,000 |
| Stamp duty on sale | HKD 500 | 0.1% of HKD 500,000 |
| Stamp duty on purchase | HKD 480 | 0.1% of HKD 480,000 (cover) |
| Stamp duty on return | HKD 480 | 0.1% of HKD 480,000 |
| Total Stamp Duty | HKD 1,960 | 0.392% of trade value |
| Gross Profit | HKD 20,000 | 4% profit on HKD 500,000 |
| Net Profit After Costs | HKD 17,937 | After all fees and stamp duty |
Scenario 2: Short Selling With Stamp Duty Exemption (Registered SBLA)
Same trade with approved SBLA registration:
| Cost Component | With Exemption | Savings |
|---|---|---|
| Stamp duty on borrowing | HKD 0 (EXEMPT) | HKD 500 saved |
| Stamp duty on return | HKD 0 (EXEMPT) | HKD 480 saved |
| Total Stamp Duty | HKD 980 | HKD 980 saved |
| Net Profit After Costs | HKD 18,917 | HKD 980 improvement |
| Cost as % of Trade | 0.217% | Nearly 50% reduction |
Key Insight: Registering your SBLA saves HKD 980 (nearly HKD 1,000) on this single HKD 500,000 short trade. For active short sellers, this exemption is essential for profitability. The savings represent a 4.9% improvement in net returns.
Exempt Securities and Instruments
Traders can avoid stamp duty entirely by trading certain exempt products:
| Instrument Type | Stamp Duty Status | Rationale |
|---|---|---|
| Exchange-Traded Funds (ETFs) | Exempt (since 2015) | Pooled investments based on basket of assets |
| Derivative Warrants (DWs) | Exempt | No physical transfer of underlying shares |
| Callable Bull/Bear Contracts (CBBCs) | Exempt | Cash-settled derivatives |
| Futures Contracts | Exempt | Derivative instruments |
| Options Contracts | HKD 5 per document | Fixed fee, not ad valorem |
| REITs (as of Dec 2024) | Exempt | Recent policy change to boost REIT market |
| Bonds and Debt Securities | Generally Exempt | Not stock transfers |
| Hong Kong-Listed Stocks | 0.2% stamp duty | Subject to full stamp duty |
Best Practices for Hong Kong Traders
1. Register Your SBLA Immediately
- Don’t wait until you execute short trades—register your Stock Borrowing and Lending Agreement proactively
- Use the electronic e-Tax system for faster processing
- Work with your broker to ensure proper documentation
- The upfront cost of registration is negligible compared to potential savings
2. Calculate All-In Costs Before Trading
Before entering a short position, calculate your full cost of carry:
Short Position All-In Annual Cost Formula:
Total Annual Cost % = Stock Borrowing Fee (bps) + (Stamp Duty % × Trading Frequency) + (Margin Interest Rate % × Leverage Ratio) + Trading Fees
Example: 300 bps borrowing fee + 0.4% stamp duty (2 round trips annually) + 6.8% margin interest (1.5x leverage) + 0.2% trading fees = ~11.5% annual cost
3. Consider Alternative Instruments
For certain strategies, stamp duty-exempt instruments may be more cost-effective:
- For directional bets: Futures or cash-settled options (no stamp duty)
- For hedging: ETFs or index derivatives (exempt)
- For short exposure: Bear CBBCs or inverse ETFs (exempt)
- Trade-off: These instruments have other costs (wider spreads, time decay) but eliminate stamp duty
✅ Key Takeaways
- Stamp Duty Relief Requires Registration: Securities lending transactions can be exempted from the 0.2% stamp duty on borrow and return legs, but only if you register a Stock Borrowing and Lending Agreement (SBLA) with the IRD via the e-Tax system.
- Repos Don’t Qualify for Exemption: Equity repurchase agreements face 0.4% total stamp duty (0.2% on initial sale + 0.2% on repurchase) with no exemption available, making repos uneconomical for Hong Kong equities.
- Recent Changes Offer New Opportunities: December 2024 amendments exempted REITs from stamp duty and waived the HKD 5 options document fee for market makers, creating new cost-saving opportunities.
- Savings Are Substantial for Active Traders: A HKD 500,000 short position saves HKD 980 in stamp duty with
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