What Is Stamp Duty?
Stamp duty is the tax amount an individual pays to the Government (Central and/or State of Gujarat) for executing various types of deeds or documents which have some sort of financial exchange, transaction or obligation associated with it. Stamp duty is also chargeable on the registration of sale, purchase or transfer of immovable property. Stamp duty is paid during the registration of a document or deed.
Stamp duty value is printed on stamp paper or e-stamp paper after the stipulated duty is paid. Stamp papers have different stamp values and each type of document/deed has to be executed on a stamp paper of a requisite value. Stamp value varies from region to region, and also on the value of the deed or transaction being executed.
Gujarat State Stamp Act
The Gujarat State Stamp Act, 1958, was established based on the Bombay Stamp Act, 1958 (specifically refers to electronic records). This Act set the platform and foundation for how Stamps and Rules relating to Stamps are dealt with in the State of Gujarat.
This was followed by the State passing the Bombay Stamp (Gujarat Amendment) Act. Other notable amendments made to the Bombay Stamp (Gujarat Amendment) Act were passed in 1970, 1976, 2006, 2007, 2013, 2015 and 2016.
The Gujarat Stamp Amendment Bills passed made these key amendments:
- The Stamp duty rates on the transfer of shares, bonds, instruments, registration and amalgamation were all increased.
- Mandatory for developers to register partnership deeds.
- The Government has permitted the use of self attested agreements online so that neither parties have to go to the Registrar’s Office. Individuals in the State of Gujarat can self attest and register rental agreement and leave and license agreement online.
- The penalty for stamp duty evasion is 200% of the value of the document executed.
- Stamp Duty is collected to authenticate the registration, transfer and/or sale of any instrument, deed or property with a value of more than INR 100 as per Section 17 of the Registration Act, 1908.
Stamp duty or non-postal stamps are obtained at a nodal point (M.S. Building, Lal Darwaja office), and then distributed to the rest of Gujarat. The head of the nodal point is the Superintendent of Stamps. Non-postal stamps are received from the India Security Press Nasik and redistributed to District Treasury Offices across the State. For a list of registrable and non-registrable documents, do read up more on Stamp duty in the State of Gujarat.
Modes Of Payment Of Gujarat Stamp Duty
|1||Traditional Stamp Paper||Yes|
Rates Of Stamp Duty In Gujarat
|Sr. No.||Document||Stamp Duty|
|1||Sale Deed / Gift Deed||6%|
|2||Transfer of lease right deed||3%|
|3||Exchange deed on the value of the property||3%|
|4||Lease deed 1 – 5 years||1.50%|
|5||Lease deed 1 – 10 years||3%|
|6||Lease deed 1 – 15 years||6%|
|7||Lease deed 1- 20 years||6%|
|8||Lease deed above 20 years||6%|
|9||On advance amount if any||3%|
|10||Mortgage deed without possession||1.50%|
|11||Mortgage deed with possession||3%|
|12||Trust deed||Rs. 50/-|
|13||Family settlement||Rs. 50/-|
|14||Amendment deed||Rs. 5/-|
|15||Relinquishment deed||Rs. 50/-|
|16||Redemption deed||Rs. 30/-|
|18||Partnership deed||Rs. 25/-|
|20||Cancellation of GPA||Rs. 15/-|
|22||Cancellation of SPA||Rs. 5/-|
|23||Adoption deed||Rs. 40/-|
|24||Sub GPA||Rs. 15/-|
|25||Cancellation of sub GPA||Rs. 15/-|
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