Stamp Act commencement, duty reduction and registration fee amendments
The Government of Tamil Nadu, Commercial Taxes and Registration Department, issued G.O. Ms. No. 124, G.O. Ms. No. 125 and G.O. Ms. No. 126, all dated 30 September 2013, to bring two Tamil Nadu stamp amendment Acts into force, cap stamp duty for specified family instruments, and amend registration fee ceilings. The commencement dates and the duty and fee changes took effect on 1 October 2013.
What the notifications do
The Government of Tamil Nadu, Commercial Taxes and Registration Department, published three government orders dated 30 September 2013. G.O. Ms. No. 124 brings the Indian Stamp (Tamil Nadu Amendment) Act, 2012 (Tamil Nadu Act 18 of 2013) into force. G.O. Ms. No. 125 reduces stamp duty for specified instruments among family members and amends maximum registration fee ceilings. G.O. Ms. No. 126 brings the Indian Stamp (Tamil Nadu Third Amendment) Act, 2012 (Tamil Nadu Act 19 of 2013) into force.
Commencement of the amendment Acts
G.O. Ms. No. 124, Commercial Taxes and Registration (J1), dated 30 September 2013, appoints 1 October 2013 as the date on which Tamil Nadu Act 18 of 2013 comes into force.
G.O. Ms. No. 126, Commercial Taxes and Registration (J1), dated 30 September 2013, appoints 1 October 2013 as the date on which Tamil Nadu Act 19 of 2013 comes into force.
Maximum stamp duty
G.O. Ms. No. 125, Commercial Taxes and Registration (J1), dated 30 September 2013, reduces duty where the duty otherwise chargeable exceeds the stated maximum. The notification applies from 1 October 2013 and specifies:
- Instrument of partition, maximum stamp duty of Rs.25,000 per share.
- Instrument of dissolution of partnership, maximum stamp duty of Rs.25,000 per share.
- Instrument of release, maximum stamp duty of Rs.25,000.
- Instrument of settlement, maximum stamp duty of Rs.25,000.
The notification heading identifies these as instruments of partition, dissolution of partnership, release and settlement among family members.
Registration fee ceiling amendments
G.O. Ms. No. 125 also amends the Table of Fees under the Registration Act, 1908. In Article 1 of that table:
- The maximum amount in the third and fourth provisos to clause (b) increases from Rs.2,000 to Rs.4,000.
- The maximum amount in the proviso to clause (f) increases from Rs.2,000 to Rs.4,000.
- The maximum amount in the proviso to clause (q) increases from Rs.2,000 to Rs.4,000.
These amendments came into force on 1 October 2013. The supplied text does not identify the document types covered by clauses (b), (f) and (q).
Who may be affected
G.O. Ms. No. 125 may affect people registering a partition, dissolution of partnership, release or settlement among family members, as well as persons whose registration falls under the amended fee table clauses.
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Common questions
When did these stamp and registration changes take effect?
The commencement notifications, stamp duty reduction and registration fee amendments took effect on 1 October 2013.
What is the maximum stamp duty for a family partition?
For the specified instrument of partition, the maximum stamp duty is Rs.25,000 per share.
Does the Rs.25,000 maximum also apply to release and settlement instruments?
Yes. The specified release instrument and settlement instrument each have a maximum stamp duty of Rs.25,000.
What happened to the registration fee ceilings?
The amounts stated in the relevant provisos to clauses (b), (f) and (q) of Article 1 were increased from Rs.2,000 to Rs.4,000. The supplied text does not describe which document types those clauses cover.
