Letter No.16495/J1/2012-5, Exemption from Payment of Stamp Duty for Societies Registered under the Multi-State Co-operative Societies Act, 2002
The Commercial Taxes and Registration Department, Secretariat, Chennai, issued Letter No.16495/J1/2012-5 on 21 October 2013, clarifying that the stamp duty exemption granted under G.O. (Ms.) No.2179 (Cooperation), dated 29 June 1966, does not apply to societies registered under the Multi-State Co-operative Societies Act, 2002. The clarification, circulated by the Inspector General of Registration through O.Mu. No.3667/C2/2012 on 28 October 2013, supersedes Government Letter No.18639/11/2008-5, dated 9 April 2009.
What the clarification establishes
Letter No.16495/J1/2012-5 of the Commercial Taxes and Registration Department, dated 21 October 2013, distinguishes societies registered under Tamil Nadu cooperative law from societies registered under the Multi-State Co-operative Societies Act, 2002. It states that the stamp duty exemption granted through G.O. (Ms.) No.2179 (Cooperation), dated 29 June 1966, is not available to multi-state cooperative societies.
The conclusion is based on the Registrar of Cooperative Societies' explanation that Tamil Nadu cooperative law does not treat a society registered under the Multi-State Co-operative Societies Act, 2002, as registered under the Tamil Nadu Cooperative Societies Act, 1983.
Who is affected
The clarification affects:
- Cooperative housing societies and other cooperative societies registered under the Multi-State Co-operative Societies Act, 2002.
- Buyers, owners and professionals dealing with property transactions involving such societies.
- Sub-Registrars and other registration officials who examine claims for stamp duty exemption.
A multi-state cooperative society cannot rely on G.O. (Ms.) No.2179 (Cooperation), dated 29 June 1966, to claim the stamp duty exemption granted to cooperative societies covered by Tamil Nadu cooperative law.
Key legal distinction
The Registrar of Cooperative Societies identified separate definitions under the two laws:
- Under the Tamil Nadu Cooperative Societies Act, 1983, a registered society is one registered or deemed to be registered under that Act.
- Under the Multi-State Co-operative Societies Act, 2002, a multi-state cooperative society is registered or deemed to be registered under that Act and includes national and federal cooperative societies.
- Tamil Nadu cooperative law contains no provision deeming a multi-state cooperative society to be registered under the Tamil Nadu Cooperative Societies Act, 1983.
Administrative action
The Inspector General of Registration circulated the government clarification to all Sub-Registrars through O.Mu. No.3667/C2/2012, dated 28 October 2013, for appropriate action. Sub-Registrars were instructed to acknowledge receipt through District Registrars and Deputy Inspectors General of Registration.
Letter No.16495/J1/2012-5 expressly supersedes Government Letter No.18639/11/2008-5, dated 9 April 2009.
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Common questions
Can a multi-state cooperative housing society claim the 1966 stamp duty exemption?
No. A society registered under the Multi-State Co-operative Societies Act, 2002, is not covered by the stamp duty exemption granted through G.O. (Ms.) No.2179 (Cooperation), dated 29 June 1966.
Why are multi-state cooperative societies excluded from this exemption?
The Tamil Nadu Cooperative Societies Act, 1983, does not deem societies registered under the Multi-State Co-operative Societies Act, 2002, to be registered under Tamil Nadu cooperative law.
Does the clarification specify a stamp duty rate?
No. Letter No.16495/J1/2012-5 only clarifies that the particular stamp duty exemption does not apply to multi-state cooperative societies.
Which earlier government guidance was superseded?
Letter No.16495/J1/2012-5 supersedes Government Letter No.18639/11/2008-5, dated 9 April 2009.
