G.O.Ms.No.46, Reduction of Stamp Duty on Instruments of Conveyance, 2012
The Government of Tamil Nadu, Commercial Taxes and Registration (J1) Department, issued G.O.Ms.No.46 dated 27 March 2012, reducing stamp duty on instruments of conveyance and other instruments charged at the conveyance rate from 6% to 5%, with effect from 1 April 2012. The government order amends the Commercial Taxes Department notification published on 21 November 2003, while leaving the separate 8% rate for specified instruments unchanged.
What the government order does
The Government of Tamil Nadu, Commercial Taxes and Registration (J1) Department, issued G.O.Ms.No.46 dated 27 March 2012 to reduce stamp duty on instruments of conveyance and other instruments charged at the conveyance rate. The rate was reduced from 6% to 5% from 1 April 2012.
The reduction was implemented by amending the Commercial Taxes Department notification published in the Tamil Nadu Government Gazette, Extraordinary, on 21 November 2003. In that notification, the expression referring to six rupees was replaced with the expression referring to five rupees.
Who may be affected
G.O.Ms.No.46 dated 27 March 2012 affects people who execute or register:
- Instruments of conveyance.
- Other instruments on which stamp duty is charged at the same rate as a conveyance.
The Registration Department's circulation dated 28 March 2012 directed registration offices to display the reduced rate on their office notice boards so that the registering public would be informed.
The document does not state that every type of instrument receives the 5% rate. The reduction is limited to conveyances and instruments charged at the conveyance rate.
Rates that remain unchanged
The Registration Department's circulation dated 28 March 2012 specifically states that the existing 8% stamp duty was not changed for instruments covered by the listed provisions 5(0), 46(B)(i), 55(B), 55(C), 55D(i) and 58(a)(ii) under the earlier G.O.No.177 of the Commercial Taxes Department dated 20 November 2003.
Property buyers and professionals should therefore identify how an instrument is classified before assuming that the reduced 5% rate applies.
Reason given for the reduction
G.O.Ms.No.46 dated 27 March 2012 records that the Jawaharlal Nehru National Urban Renewal Mission covered Chennai, Madurai and Coimbatore Corporations. Reducing stamp duty to 5% was one of the mandatory reforms agreed to by the State Government under that mission.
The Commissioner of Municipal Administration requested the necessary government orders, and the Government accepted that request. The notification was directed to be published in an extraordinary issue of the Tamil Nadu Government Gazette dated 27 March 2012.
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Common questions
What stamp duty rate did G.O.Ms.No.46 introduce?
G.O.Ms.No.46 dated 27 March 2012 reduced stamp duty on conveyances and instruments charged at the conveyance rate from 6% to 5%.
When did the reduced 5% stamp duty take effect?
The reduced rate took effect on 1 April 2012.
Does the 5% rate apply to every document registered in Tamil Nadu?
No. The source limits the reduction to instruments of conveyance and other instruments charged at the conveyance rate.
Was the existing 8% stamp duty for the separately listed instruments reduced?
No. The Registration Department stated that the 8% rate for instruments covered by the listed provisions 5(0), 46(B)(i), 55(B), 55(C), 55D(i) and 58(a)(ii) remained unchanged.
