Stamp duty: What is it?
An agreement or transaction paper between two or more parties is usually registered by stamp duty, which is paid to the registrar with each signature. According to the nature of the document, the fee is fixed or calculated by a percentage of the value of the agreement stated in the document.
It varies for different types of documents and is not uniformly applied across states. Stamp duty is assessed in case of registering real estate papers either according to the transaction value or circle rate (the government-set minimum price for a property), whichever is greater. Stamp duty is also assessed according to the gender of the owner.
Among the state’s stamp duty rates, women in New Delhi pay 4% versus 6% for men. Similarly, men who live in urban areas pay 8% stamp duty, while women pay 6% and 4% stamp duty, respectively, in Haryana. Under Section 80 C of the Income Tax Act, 1961, the stamp duty and registration fee paid by a homebuyer can be deducted from their taxable income.
The government of a state imposes stamp duty on the sale of real estate and the ownership of property. This duty has been established by Section 3 of the Indian Stamp Act of 1899. Depending on the cost of the property or house, stamp duty will be assessed during registration. This depends on the state or area where the property is located, as well as whether the house is old or new. It is essential to understand the impact of stamp duty on the type and location of the home you intend to purchase when you purchase immovable property, as it will be an additional cost.
Rajasthan Finance Department offers stamp duty relief for flats below Rs 50 lakh.
There is a special relief (amnesty) scheme approved by the Rajasthan Chief Minister for cases involving the Department of Registration and Stamps, which will enable concessions to interest and penalties. In addition, this amnesty takes effect on January 1 and ends on March 31, 2022.
A release said the decision would allow for the disposal of pending cases and the exemption of interest and penalty in stamp duty cases. Mr. Ashok gehlot also approved the 2% concession in stamp duty until March 31, 2022, on documents related to flats priced up to Rs 50 lakh in multi-story buildings. The state government extended the concession until June 30, 2021, because of the economic impact of the Covid outbreak, which was first extended until September 30, 2021, and then until December 31, 2021.
A flat in a multi-story building with four or more floors and a price below Rs 50 lakh will be eligible for the relaxation. It is clarified that with effect from 31.03.2022, the stamp duty payable on certain conveyance deeds for flats or residential units in multi-story buildings exceeding four floors shall be charged at a rate of 4% instead of “The stamp duty chargeable on the conveyance deed for flats or residential units whose market value does not exceed rupees fifty lakh shall be reduced and charged at a rate of 4%”, the order stipulates.
The finance secretary recently met with property developers to discuss budget recommendations for 2022-23. In the meeting, they urged the government to continue allowing buyers to make purchases, which would in turn create more demand. The stamp duty charge in Rajasthan is among the highest in the country. 6% stamp duty after surcharges equals approximately 8.80% of the property value.
Now that the period has been extended a third time, it will continue until March 31, 2022.
The payment of stamp duty
Payment of stamp duty must be completed in full. Stamp duty collection must be completed on time to avoid incurring penalties. Hence, it is a legal document that can be used in court as evidence and has some meaning.
If the obligation is not paid before the legal document is executed, then it must be paid at the time of execution or within one working day after the execution. Typically, the buyer of the property is responsible for paying the obligation. Stamp duty shall be paid equally by both the buyer and seller in the event of an exchange of goods. If the stamp duty is not paid, a penalty of 2% per month will be levied up to 200% of the amount owing.
The following points should be noted
- It is possible for the valuation officer to recall the document if it lacks essential information.
- Stamp duty paperwork can be completed efficiently by specifying information such as the location of the house, the year of construction, the number of floors, etc.
- All real estate transactions, except those in which Will is involved, are subject to stamp duty.
- Transfers of real estate by the applicant to a legitimate successor must be made according to market value.
- All documents necessary to collect stamp duty must also be submitted by all parties to the agreement. There are transfer instruments, partitioning deeds, mortgage conveyances, mortgage deeds, selling certificates, gift deeds, tenancy agreements, license agreements, lease deeds, etc.
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