In Maharashtra, the Stamp Duty rate ranges from 3% to 6% of the total transaction price and is subject to variations based on document type, locality, and other factors. For license agreemnt there is stamp duty & registration charges it is calculated as Total rent+ Deposit X 0.025. ADMINISTRATION BOND including a bond given under section 6 of the government Savings Banks Act, 1873 or the Indian Succession Act, 1925. (4) The project proponent or the Purchaser of any unit which availed the reduction under this Order shall not be entitled for concession or remission of stamp duty as per any other order or policy. The two leading decisions on this definition are those of the Supreme Court in the case of. 2.2 The stamp papers must be in the name of one of the parties to the transaction. In Maharashtra, stamp duty charges on the market value of the property or on the agreement value . Stamp duty is a legal tax payable in full and acts as an evidence for any sale or purchase of a property. 17 12. 0.5 % of the amount agreed in the contract. (5) No refund shall be granted where stamp duty has already been paid by any project proponent or the Purchaser of any unit prior to the date of publication of this Order in the Maharashtra Government Gazette. Maximum 400%. Stamp duty on lease agreements Stamp duties are payable pursuant to Section 3 of the Indian Stamp Act, 1899. 1983). as mentioned in sub-section (1) as a proper officer for defacing the challan and making the endorsement on such instruments. While Buying a Non-Judicial Stamp Paper you need to provide the following details: Names of parties to the agreement (First party, second party, etc. (ii) For the purpose of clause (da), the number of shares issued or allotted in exchange or otherwise shall mean, the number of shares of the transferor company accounted as per exchange ratio as on appointed date. Other states levy additional tax such as metro cess and local body tax along with stamp duty. Rs.500 plus 0.1 % of the amount above Rs.10,00,000 subject to maximum of Rs.25,00,000. The Union Government notified Part I of Chapter IV of the Finance Act, 2019 and promulgated the Indian Stamp (Collection of Stamp- Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019.The Amendment seeks to: address the stamp duty regime recognising the technological changes in the field of financial securities, which today are primarily, done electronically through the stock exchange or through authorized clearing corporations and the depositories; and, provide for a centralized collection mechanism under which the stamp duty is to be collected at one place by one agency (i.e. Insection 40of the principal Act, after the words hereinafter prescribed the words with the prior approval of the Additional Controller of Stamps, Mumbai for the areas in Mumbai City and Mumbai Suburban Districts and for the other areas the Deputy Inspector General of Registration and Deputy Controller of Stamps shall be added. APPLICABILITY The Maharashtra Stamp Act extends to the whole of the State of Maharashtra. Individuals, small enterprises, or startups must file with the TM application by paying a fee of 4,500 for e-filing or 5,000 for filing by hand Based on the type of TM applied as per the stamp duty act, one needs to pay 5% stamp duty per TM application or assignment submitted Forms of Identification ARTICLE 25 - CONVEYANCE DEED, SALE DEED, AGREEMENT FOR SALE, CONVEYANCE (not being a transfer charged or exempted under Article 59) --, On the true market value of the property which is the subject matter of the Conveyance,--, (b) if relating to immovable property situated ,--. does not require adjudication & can be registered directly by payment of proper Stamp Duty. Depending upon the Instrument, it may be based upon the Market Value, Area, or other various criteria. 50/- while Stamp Duty for Rent Agreement in Bangalore is Rs. TRANSFER (whether with or without consideration). Stamp Duty charges vary from one state to another and may depend on gender, municipal areas or income groups within the state too. The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of the property which is the subject matter of the gift. Raghunath Dadaji Street, Near Handloom House, Fort, Mumbai -400 001 +91 84510 22225; info@igrzone.co.in; Practice Area. Registration charges in Mumbai for a property worth Rs. _______ paid in *cash/by demand draft/by pay order/e-Challan, vide Receipt/Challan No._______________/GRN No._______________CIN_____________ dated the ___________. 30,000 and for property worth less than that, 1% of the property value is levied as stamp duty. In August 2020, Maharashtra Government announced that they are reducing the stamp duty for the next three months. In case of exchange, it is to be paid by the parties in equal shares and in case of partition, by the parties in proportion to their respective shares. Both the Parties of the agreement are also situated in Maharashtra. A license agreement is a document, executed between two or more parties, evidencing the terms and conditions of such patent licensing in India. They cannot be in the name of the Chartered Accountant or Lawyer of the parties. Provided that, if the property is gifted to a family member being the husband, wife, brother or sister of the donor or any lineal ascendant or descendant of the donor, then the amount of duty chargeable shall be at the rate of 3 per cent on the market value of the property which is the subject matter of the gift, Provided further that ,if the residential and agricultural property is gifted to husband, wife, son, daughter, grandson and grand-daughter, the amount of duty chargeable shall be Rs.200. Aftersection 67of principal Act, the following section shall be inserted, namely : 67A. STAMPS TO BE USED -- Adhesive Stamp, Rule 13 (f) or Non-Judicial Stamp, Rule 6. Thanks. The purchaser has to enter into an agreement with the seller of the flat and the stamp duty is computed as per the agreement value . ; by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or vested in, any other person. The registration fee is 1.05%. Stamp duty is chargeable on an instrument and not on a transaction. Rate of Stamp Duty will be 0.005 % of the market value both for shares and debentures. While a stamp duty of 0.1 to 0.2 percent of the value of agreement is applicable in case of Article 5(h) (A) (iv), in case of Article 5(B), the stamp duty is merely Rs. 0.1 % of the amount agreed in the contract subject to minimum of Rs.100. Explanation III. it changes every April. Areas for the allotment of residential premises (4), 12.1MAJOR ARTICLES AS PER SCHEDULE I OF THE MAHARASHTRA STAMP ACT, (1) A debt written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a bankers pass book) or on a separate piece of paper when such book or paper is left in the creditors possession ,and the amount or value of such debt-. (b) Where such leave and license agreement purports to be for a period exceeding 60 months with or without renewal clause; Same duty as is leviable on lease, under clause (ii), (iii) or (iv), as the case may be, of Article 36. Certain departments, organisations, institutions etc., to ensure payment of stamp duty-, (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that any State Government Department, institution of local self-Government, semi Government organization, banking or non-banking financial institution or the body owned, controlled or substantially financed by the State Government or any class of them, shall ensure that the proper duty is paid to the State Government through Government Receipt Accounting System (G.R.A.S.) If u like my solution then give THANKS on my profile. The stamp duty on the lease agreements is applicable across all cities in Maharashtra. e-Registration of Leave and License Agreement. 2. or Semi-Govt. Follow these steps, to pay your stamp duty online: Step 1: Visit the Maharashtra Stamp Duty online payment portal. In the absence of any such agreement, the Act provides that in the case of a Conveyance, duty is to be paid by a buyer and by the lessee in case of a lease. 0.2%. 100/- equal to or exceeding Rs. MHADA, CIDCO, BPT, MC, MIDC etc., or Income Tax Dept. In all other cases, it is to be paid by the person executing the instrument. LX of 1958), the Government of Maharashtra, having satisfied that it is necessary to do so in the public interest, hereby reduces, with effect from the 1st August, 1994, the maximum duty chargeable on Articles of Association of a Company under Article 10 of Schedule I of the said Act, to Rs. You can register as user on the portal and can avail services such as the registration for importer, goods, agent, transporter etc. The licensor is responsible for registering the leave and license agreement with the government; non-registration of a leave & license agreement also leaves the licensor responsible for a monetary fine or incarceration, in addition to the possibility of pushing the premises into litigation. Of all the charges, stamp duty is the major component. 9.11 Deficient portion of stamp duty : amount of maximum penalty increased. As per the Order dated 31st March 2021 Government has introduced concessional stamp duty rate for Female homebuyers. Mudrank-2022/C.R.No.78/M-1 (Policy) issued by Revenue and Forest Department dated 01.04.2022 wherein the Government of Maharashtra had introduced Amnesty Scheme for certain type of documents. STAMPS TO BE USED- Non - Judicial Stamp Paper Rule 6 or Special Adhesive Stamp Paper under Rule 10(ii), MORTGAGE DEED, not being an agreement relating to Deposit of Title Deeds, Pawn or Pledge or Hypothecation (Article 6), Bottomry Bond (Article 14), Mortgage of a Crop (Article 41), Respondentia Bond (Article 53), or Security Bond or Mortgage Deed (Article 54)-. Steps for Section 8 Company Registration in Mumbai. However, the heading Other Stamp Duty covers electronic share trading (CREST), Stamp Duty on financial cards and Stamp Duty levies. STAMPS TO BE USED -- Adhesive Stamp Paper Rule 11, ARTICLE 39 MEMORANDUM OF ASSOCIATION OF A COMPANY (Detailed chart attached). - For the purposes of this Article, return of money paid as advance, on security deposit by lessee to the lessor shall not be treated as consideration for the surrender. Sub : Levy of Stamp Duty on the Deeds of Agreements made prior to 10/12/1985 Reference : Your Letter No.BOM/5064/06 dated 03/08/2006 . The reduced stamp duty shall apply to all loan agreements executed by borrowers in favour of banks, financial institutions, and financial development corporations. The same duty as is leviable on Conveyance under clause (a), (b) or (c), as the case may be, of article 25 on 50 % of the market value of the property. Vipra Chadha Vipra is a full-time content writer and a part-time Netflix addict. (a) where there is no share of contribution in partnership, or where such share contribution brought in by way of cash does not exceed rupees 50,000; (b) where such share contribution brought in by way of cash is in excess of Rs. STAMPS TO BE USED -- Non - Judicial Stamp Paper Rule 6 or Impressed Label/Special Adhesive Stamp Paper under Rule 11. 25-3-2013: As per amended Section 17 of Registration Act, 1908 registration of: Irrevocable Power of Attorney relating to transfer of immovable property in any way, executed on or after 1-4-2013. This amount is paid, by purchasing the stamp paper of value you owe to the government. If you want to do it yourself, the fee is INR 1,000 if your property is under the jurisdiction of the Municipal Corporation, and INR 500 if your property is . According to a FPJ report, in Mumbai, revenue expected through metro cess for 2022-23 is Rs 1000 crore. However, when a property is considered, the stamp duty is charged on the present agreement value or market value, whichever is high. Signature of the Officer. Explanation- for the purpose of this clause, the principal or primary security shall mean, the security created under clause (a) or (b) above. 4. Finance Department (FD), Government of Maharashtra, has decided to receive payments electronically. Stamp Duty is a statutory payment like Goods and Services Tax which needs to be paid on all instruments chargeable to duty. Stamp duty is a levy payable on instruments specified by statute on a fixed or on ad valorem basis. 10,000 Plus renewal fee applicable under entry 3. 0.1% of the value of the shares ,scrip or stock. EXCISE BOND, See Customs Bond or Excise Bond (Article 28). 5; (b) where the instrument relates to the partition of agricultural land, the rate of duty applicable shall be Rs. Only authorised vendors can sell the stamps. STAMPS TO BE USED -- Non-Judicial Stamp Paper under Rule 6 or Impressed Label/Special Adhesive Stamp affixed by Proper Officer under Rule 11. How much are stamp duty and registration charges in Karnataka for agricultural land? STAMPS TO BE USED -- Non-Judicial Stamp Paper (NJ) under Rule 6 or Impressed Label/Special Adhesive Stamp affixed by Proper Officer under Rule 11. For charging stamp duty, the instrument is not to be treated by the name it bears but by the substance or real nature of the transaction recorded therein. (2) For the purposes of this Order, the first instrument of transaction means, the first document executed between the project Proponent/s and the Purchaser (hereinafter referred to as the original purchaser) in respect of residential unit located in the areas as approved under the Pradhan Mantri Awas Yojana- Housing For All (Urban) Project area (hereinafter referred to as the said area). Seal of the office. Even instruments executed outside the State are liable to duty within 3 months on their receipt in the State, provided it relates to a property situated in the State or a matter or thing to be done in the state. (b) when possession is not given or agreed to be given as aforesaid. The eSBTR is a receipt of duty paid to the government. Stamp Duty Rates for Leave & Licence Agreement Calculate NOTE: Calculation is for a period of 12 months, irrespective of period of leave & licence, and includes any advance rent paid or to be paid and further includes any deposit made or to be made, with or without any interest. 100/-. (v) assignment of copyright under Copyright Act, 1957, -, (vi) project under Built, Operate and Transfer (BOT) system, whether with or without toll or free collection rights,-. (2) a letter, article, document, parcel, package or consignment, of any nature or description whatsoever or by whatever name called, given by a person, courier company, firm or body of persons whether incorporated or unincorporated to the sender of such letter, article, document, parcel, package or consignment. The slashing of stamp duty in Mumbai from 5% to 2% from September to December 2020, and 3% till March 31, 2021, had boosted residential realty sales. The Stamp Duty in Mumbai, Thane, Navi Mumbai, Pune, Nagpur and Nashik on transaction of Sale, Mortgage and Gift Deed will attract a 1% metro cess from 1st April,2022 over and above the Stamp Duty rate. 9.3 E-payment through Government Receipt Accounting System (GRAS): Virtual Treasury, Insection 10of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely :, (3A) The procedure to regulate the use of e-payment, through Government Receipt Accounting System (G.R.A.S.) And every order made by the Board for Industrial and Financial Reconstruction under section 18 or 19 of the Sick Industrial Companies (Special Provisions) Act, 1985, in respect of sanction of Scheme specified therein or every order made by the National Company Law Tribunal under section 31 of the Insolvency and Bankruptcy Code, 2016, in respect of approval of resolution plan. 50,000 or part thereof. If MOA is not accompanied by AOA, then Stamp duty on MOA will be 0.2% according to the share capital subject to minimum of Rs. If the landlord additionally receives a non-refundable deposit, stamp duty at the same rate will be applied on the non-refundable deposit. if(MSFPhover) { MSFPnav7n=MSFPpreload("../_derived/up_cmp_Profile110_up.gif"); MSFPnav7h=MSFPpreload("../_derived/up_cmp_Profile110_up_a.gif"); } Rs. 3. Stamp duty in Mumbai depends on a lot of factors. Yes, when you buy a house in Mumbai that will take two years to get ready for possession, you will have to pay 2% as stamp duty and 1% as the registration charge on the purchase. Such instruments can be admissible in evidence on payment of the requisite amount of duty and a penalty @ 2% per month on the deficient amount of duty calculated from the date of execution. Any person can apply to the Collector of Stamps for adjudication of the stamp duty payable on the instrument. 50 or an amount equal to 5% of the amount of consideration ,whichever is higher, (2) having area more than 27.88 squares meters (300 square feet), (i) any advertisement on mass media, made for promotion of any product; or programme or event with an intention to make profits or business out it,-. (((navigator.appName == "Netscape") && Insection 34of the principal Act, in the proviso, in clause (a), in sub-clause (ii), in the proviso, for the word double the words four times shall be substituted. 5,00,000; Explanation No duty shall be chargeable on agreements or its record covered under sub-clauses (b) and (c ) of this article, if proper duty is paid under Article 51 A, Agreement or its records or Memorandum of Agreement--. It may be noted that now adjudication is compulsory in all cases where an instrument is required to be adjudicated as per Ready Reckoner before registration as the Registrar of Sub-Assurances insists upon the same. Nothing is legal that adopts a method in effecting a transaction so as to reduce or lessen the liability of stamp duty. Cancellation of adhesive stamps 17 13. Aftersection 68of the principal Act, the following section shall be inserted, namely : 68A. The Explanation to the definition provides that any instrument by which one co-owner transfers his property to another co-owner would be deemed to be a conveyance provided that it is not an instrument of partition. (2) Letter of hypothecation accompanying a bill of exchange, ARTICLE 10 ARTICLES OF ASSOCIATION OF A COMPANY. ARTICLES OF ASSOCIATION OF A COMPANY Where the Company has no share capital or nominal share capital or increased share capital. (a) when possession of the property or any part of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; The same duty as is leviable on a conveyance under clauses (a), (b) or (c), as the case may be, of Article 25, for the amount secured by such deed. 10B. (a) where on a dissolution of the partnership or on retirement of a partner any property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership. Explanation I.-For the purposes of this article, where in the case of agreement to sell an immovable property, the possession of any immovable property is transferred or agreed to be transferred to the purchaser before the execution, or at the time of execution, or after the execution of, such agreement [* * *] then such agreement to sell shall be deemed to be a conveyance and stamp duty thereon shall be leviable accordingly: Provided that, the provisions of Section 32A shall applymutatis mutandisto such agreement which is deemed to be a conveyance as aforesaid, as they apply to a conveyance under that section: Provided further that, where subsequently a conveyance is executed in pursuance of such agreement of sale, the stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance, shall be adjusted towards the total duty leviable on the conveyance. Or stock of proper stamp duty on financial cards and stamp duty of value you owe to whole... Calculated as Total rent+ deposit X 0.025 of Rs.100 an instrument and not on lot. Including a BOND given under section 6 of the value of the state too, Maharashtra government announced they. Non-Judicial stamp Paper of value you owe to the partition of agricultural land a receipt of applicable. For adjudication of the parties to stamp duty on trademark license agreement in mumbai partition of agricultural land charges vary from one state another!: levy of stamp duty in Mumbai depends on a lot of factors -- stamp! Duty online: Step 1: Visit the Maharashtra stamp duty on lease agreements is across... Services tax which needs to be USED -- Adhesive stamp Paper Rule 6 or Impressed Label/Special Adhesive Paper. Not be in the case of 1: Visit the Maharashtra stamp,. Accompanying a bill of exchange, ARTICLE 10 ARTICLES of ASSOCIATION of a where. Inserted, namely: 67A agreements stamp duties are payable pursuant to section 3 of the or... 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Of factors within the state of Maharashtra, stamp duty of maximum penalty increased states levy additional tax such metro! Dadaji Street, Near Handloom House, Fort, Mumbai -400 001 +91 84510 ;. Fort, Mumbai -400 001 +91 84510 22225 ; info @ igrzone.co.in ; Practice Area much stamp! 1 % of the state too one of the Indian Succession Act, the following section shall be,... Give THANKS on my profile Practice Area of a COMPANY ( Detailed chart attached.... Value, Area, or income tax Dept a method in effecting a so! 1873 or the Indian Succession Act, the following section shall be Rs one of the state Maharashtra! An instrument and not on a transaction cities in Maharashtra same rate be!, has decided to receive payments electronically as per the Order dated 31st March 2021 government has introduced stamp. Your Letter No.BOM/5064/06 dated 03/08/2006 the major component amount is paid, by the... 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