stamp duty on trademark license agreement in mumbai

Other states levy additional tax such as metro cess and local body tax along with stamp duty. Yes, when you buy a house in Mumbai that will take two years to get ready for possession, you will have to pay 2% as stamp duty and 1% as the registration charge on the purchase. Stamp duty on mortgage under article 40(b) of schedule I of the Act, when possession is not given or agreed to be given and if the amount secured is less than Rs.5 lakhs then the Stamp Duty shall be 0.1% of the amount secured subject to a minimum of Rs.100. 100. Adept at conducting legal research, drafting legal documents and preparing cases for trial.<br><br>Legal Knowledge, drafting and communication and research<br><br>Draft, review, negotiate, execute and implement contracts, Non-Disclosure Agreements, Master . STAMPS TO BE USED -- Non - Judicial Stamp Paper Rule 6 or Impressed Label/Special Adhesive Stamp Paper Rule 11. Explanation I. 3. (a) Where the leave and license agreement purports to be for a term not exceeding 60 months with or without renewal clause. A Leave and Licence Agreement is also known as a Rent Agreement. ARTICLES OF ASSOCIATION OF A COMPANY Where the Company has no share capital or nominal share capital or increased share capital. Generally, the stamp duty is paid by the buyer, in some cases, the buyer and seller decide to split the stamp duty as per an earlier signed agreement. Control Act, 1999. Using this site anyone like importer, supplier, transporter and agent can pay Octroi tax online to the Municipal Corporation of Greater Mumbai. 7% rent increase after 12 months. Act LX of 1958) as amended from time to time. (2) a letter, article, document, parcel, package or consignment, of any nature or description whatsoever or by whatever name called, given by a person, courier company, firm or body of persons whether incorporated or unincorporated to the sender of such letter, article, document, parcel, package or consignment. 50,00,000. Stamp duty is ten per cent rupee (0.1%) on the market value corresponding to the amount of the consideration. The same duty as is payable under clauses (a) and (b). Design transfer agreement and 3. 10 % of the aggregate of the market value of the shares issued or allotted in exchange or otherwise and the amount of consideration paid for such amalgamation: Provided that, the amount of duty, chargeable under this clause shall not exceed, -, (i) an amount equal to 5 % of the true market value of the immovable property located within the State of Maharashtra of the transferor company; or. On a brighter note, the 1% stamp duty waiver . A Leave and License Agreement is an agreement wherein the licensor temporarily allows the licensee to use and occupy licensor's immovable property, either full or a portion of it, for the purpose of carrying out business activity or for residential use. Sale Certificate issued by any competent office or authority under any Recovery Act, Agreement relating to the Deposit of title deeds, where such deposit has been made by way of security for the repayment of a loan or an existing or future debts. (2) Letter of hypothecation accompanying a bill of exchange, ARTICLE 10 ARTICLES OF ASSOCIATION OF A COMPANY. Mundrak. Stamp duty is payable on license agreements and the rate of stamp duty payable varies in each State. 100/-. 9.10 Section 38of the principal Act shall be deleted. However, same is not available in the case of Resale and other types of instruments. 0.2 % of the amount agreed in the contract. 50,000 or part thereof. The existing ceiling of stamp duty payable on an agreement relating to deposit of title deeds, pawn, pledge or hypothecation where the amount secured exceeds Rs.5 lakhs stamp duty has been amended to 0.3% of the amount secured subject to a maximum of Rs. Under Section 34 of the Act, any instrument which is inadequately/not stamped, then it shall be inadmissible in evidence for any purpose, e.g., in a Civil Court. 1000 and maximum of Rs.50,00,000. 100/- equal to or exceeding Rs. Follow these steps, to pay your stamp duty online: Step 1: Visit the Maharashtra Stamp Duty online payment portal. for Art. Stamp duty refers to a tax on a transaction which is paid to the government and the tax is levied on the instrument recording the transaction. Instrument of partition means any instrument whereby co-owners of any property divide or agree to divide such property in severally and includes: a final order for effecting a partition passed by any revenue authority or any civil court, an award by an arbitration directing a partition, and, when any partition is effected without executing any such instrument, any instrument or instruments signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the co-owners. In the State of Maharashtra stamp duty on issue of share certificates is 0.1 per cent on the value of the share certificate inclusive of premium, if any, under Article 17 of Schedule I to Maharashtra Stamp Act, 1958. As per announcement, stamp duty was brought down to 2% (from 5%) until 31st December 2020 and 3% for the period between 1st January 2021 and 31st March 2021. Usc of adhesive stamps. LX of 1958), the Government of Maharashtra, having satisfied that it is necessary to do so in the public interest, hereby reduces, with effect from the 1st August, 1994, the maximum duty chargeable on Articles of Association of a Company under Article 10 of Schedule I of the said Act, to Rs. 2. (2) Dissolution of partnership or retirement of partner inclusive of Limited Liability Partnership and Joint Venture to run a business ,earn profits and to share profits ,whether in cash or in kind-. 200 or an amount equal to 5% of the amount of consideration ,whichever is higher. Users can also verify the receipt of payment. Just like the Stamp Duty, the registration charges in Mumbai are also set by the Maharashtra Government. If the landlord additionally receives a non-refundable deposit, stamp duty at the same rate will be applied on the non-refundable deposit. EXCISE BOND, See Customs Bond or Excise Bond (Article 28). Registration Charges: Registration Charges in Tamil Nadu are 4 per cent of the guidance value, so will be Rs.2,00,000. 10B. (Virtual Treasury) for payment of duty shall be such as the Chief Controlling Revenue Authority may by an order determine., 9.4 Fixing liability of payment of stamp duty even on unregistered documents, Aftersection 10Cof the principal Act, the following section shall be inserted, namely :, 10D. Articles of any association not formed for profit and registered under section 25 of the Companies Act, 1956 See also Memorandum of Association of a Company (Article 39). According to the Maharashtra Stamp Act, each document require stamp with proper stamp duty and with the proper mode. 1% of the amount of share contribution subject to maximum of Rs.15,000. In case of sale, transfer or reissue; 1. The leave and license agreements should be stamped with a stamp duty charge of 0.25% of the total rent for the period. Stamp duty is the transactional tax, which plays a key role in the transactions made on a property. MSFPhover = If the stamp duty is on ad valorem basis then the amount varies on the basis of value of the products, services or property on which it is levied. Controller of Stamps ,Mumbai/Designated Officers. If on adjustment, no duty is required to be paid then a minimum duty for the conveyance shall be Rs. The registration fee is 1.05%. See also Certificate or other Document (Article 17). Stamp Duty is a statutory payment like Goods and Services Tax which needs to be paid on all instruments chargeable to duty. While Buying a Non-Judicial Stamp Paper you need to provide the following details: Names of parties to the agreement (First party, second party, etc. (a) if the amount agreed does not exceed Rs. function MSFPpreload(img) The expression co-owners includes all kinds of, Immovable Property includes land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth. Stamp Duty on Rental Agreement. Mudrank-2022/C.R.No.78/M-1 (Policy) issued by Revenue and Forest Department dated 01.04.2022 wherein the Government of Maharashtra had introduced Amnesty Scheme for certain type of documents. 9.13 Time limit for filing Application for refund of stamp duty : Date of execution of Agreement to Sale: Date of Registration :Cancellation of registered instrument described under Article 25 of schedule I. Explanation for the purposes of this Article, not withstanding anything contained herein above, the highest duty on either of the property exchanged shall be chargeable. Contain all the terms and conditions governing the rights and obligations of the parties. Now, with the passage of this bill, this one year set-off period has now been extended to three years. It is basically a levy on any transaction based on exchange of documents or execution of instruments. Stamp duty must be paid by affixing non-judicial stamps to the document. --For the purpose of this article more persons than one when belonging to the same firm shall be deemed to be one person. Works Contract, that is to say, a contract for works and labour or services involving transfer of property in goods (whether as goods or in some other form) in its execution and includes a sub contract,-. The same duty as is leviable on a Conveyance under clause (a), (b) (c), as the case may be, of Article 25, on the market value of the property of the greatest value. 2. Stamp Duty Maximun Stamp Duty Registration Fee ( % or fix duty) Minimum Registration Fee Maximun Registratio n Fee 48 Conveyance in compliance tothe Agreement sale (without possession) Compulsory 5 % 3%1 % 10 % of Principal Stamp Duty 1000 Rs - 49 Conveyance incorporating names of daughter in law Compulsory 1 % -10 % of Principal Stamp Duty 0.8 . Conditions (1) Maharashtra Housing and Area Development Authority (MHADA) must certify that the Project is an approved project under the Pradhan Mantri Awas Yojana- Housing for All (Urban). For all properties with a market value below Rs.30 Lakh, the registration charges are set at a static Rs.30,000. 30,000 and for property worth less than that, 1% of the property value is levied as stamp duty. The licensor is responsible for registering the leave and license agreement with the government; non-registration of a leave & license agreement also leaves the licensor responsible for a monetary fine or incarceration, in addition to the possibility of pushing the premises into litigation. W.e.f. 22-12-2011: As per new circular from IGR, the old agreement, which has expired 8 months period from the date of execution cannot be registered. STAMPS TO BE USED -- Non-Judicial Stamp Paper (NJ) under Rule 6 or Impressed Label/Special Adhesive Stamp affixed by Proper Officer under Rule 11. (g) when given to a promoter or developer by whatever name called, for construction on, development of, or sale or transfer (in any manner whatsoever) of, any immovable property. Steps for Section 8 Company Registration in Mumbai. This type of agreement is used to allow a licensee to use a licensor's property for commercial or personal use for the duration of the contract. Explanation.-- For the purposes of this clause, the term 'debenture' includes debenture stock; (b) of any interest secured by bond, mortgage deed or policy of insurance; (c) of any property under section 22 of the Administrators' General Act, 1963; (d) of any trust property without consideration from one trustee to another trustee, or from a trustee to a beneficiary. (((navigator.appName == "Netscape") && The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of article 25, on 90 % of the market value of the property. A.Hi, Stamp duty and Registration Charges differ from one state to another. Stamp Duty is payable under Section 3 of The Maharashtra Stamp Act. In August 2020, Maharashtra Government announced that they are reducing the stamp duty for the next three months. Who bears and pays the stamp duty is a matter of agreement between the parties. 9.1 Additional Controller of Stamps, Mumbai : New Statutory Authority, Insection 2of the Maharashtra Stamp Act (hereinafter referred to as the principal Act), before the existing clause (a), the following clause shall be inserted, namely :. After obtaining the Incorporation Certificate, the LLP agreement, duly signed by the partners of the LLP, must be filed within 30 days. Both the Parties of the agreement are also situated in Maharashtra. 10.1 Deletion of requirement to round off duty amount. Even instruments executed outside the State are liable to duty within 3 months on their receipt in the State, provided it relates to a property situated in the State or a matter or thing to be done in the state. This tax is referred to as stamp duty. Insufficiently stamped documents are not admitted as evidence in the court. (iii) for a period exceeding 10 years but not exceeding 29 years, with a renewal clause contingent or otherwise. The instruments specified in the Schedule-I to the Act are covered by this Act. The slashing of stamp duty in Mumbai from 5% to 2% from September to December 2020, and 3% till March 31, 2021, had boosted residential realty sales. 4.90 for every Rs. 0.3% of the amount secured by such deed subject to maximum of Rs. STAMPS TO BE USED -- Adhesive Stamp, Rule 13 (f) or Non-Judicial Stamp, Rule 6. RECORD OF TRANSACTION (Electronics or otherwise) effected by a trading member through a stock exchange or the association referred to in Section 10 B-, (a) if relating to sale and purchase of Government securities, Rs.50 for every Rs. STAMPS TO BE USED- Non-Judicial Stamp Paper, Rule 6 or Impressed Label/Special Adhesive Stamp [see Rules10 & 11]. In absence of any State stamp legislation, the IS Act applies. Trademark Agreement, 2. (i) If relating to giving authority or power to a promoter or a developer by whatever name called, for construction on, development of or, sale or transfer (in any manner whatsoever) of, any immovable property. The stamp duty on the lease agreements is applicable across all cities in Maharashtra. The Stamp Duty is calculated as per Schedule-I of The Maharashtra Stamp Act. 2.3 The date of issue of the stamp paper must not be more than 6 months older than the date of the execution of the instrument. Leave and license agreements must be stamped in Maharashtra, with a stamp tax cost of 0.25 percent of the entire rent for the duration. Such impounded instruments must be sent to the Collector who would then determine the amount of duty and penalty, if any, payable on the same. (iii) within the limits of anyGrampanchayatarea or any such area not mentioned in sub-clause (ii). Any party to an instrument can also. Insection 40of the principal Act, after the words hereinafter prescribed the words with the prior approval of the Additional Controller of Stamps, Mumbai for the areas in Mumbai City and Mumbai Suburban Districts and for the other areas the Deputy Inspector General of Registration and Deputy Controller of Stamps shall be added. 68. Instrument of gift has been defined to include, where the gift is of any movable or immovable property but has not been made in writing, any instrument recording whether by way of declaration or otherwise the making or acceptance of such oral gift. Provided also that where proper stamp duty is paid on a registered agreement to sell an immovable property, treating it as a deemed conveyance and subsequently a conveyance deed is executed without any modification then such a conveyance shall be treated as other instrument under section 4 and the duty of Rs. To use this stamp duty calculator, follow this simple step: Step 1: Visit the stamp duty online calculator page. (2) Letter of hypothecation accompanying a bill of exchange. (a) of debentures, being marketable securities whether the debenture is liable to duty or not, except debentures provided for by section 8 of the Indian Stamp Act, 1899. 1-5-1994, the date of issue of the stamp paper must not be more than 6 months older than the date of the transaction. LLP Agreement Stamp Duty | Stamp Duty for LLP Deed LLP agreement filing with the Ministry of Corporate Affairs is the last leg for LLP Incorporation . Finance Department (FD), Government of Maharashtra, has decided to receive payments electronically. The levy of stamp duty is a state subject and thus the rates of stamp duty vary from state . Stamp duty in Mumbai depends on a lot of factors. * The amount of stamp duty has been calculated as per the provisions of Maharashtra Stamp Act( Bom. As per the Order dated 31st March 2021 Government has introduced concessional stamp duty rate for Female homebuyers. Thanks. ARTICLE 36A LEAVE AND LICENSE AGREEMENT. (i) within the limits of any Municipal Corporation or any Cantonment area annexed to it or any urban area not mentioned in sub clause (ii). 4,500 Plus renewal fee applicable under entry 3. The same duty as is leviable on a Conveyance under clauses (b) or (c), as the case may be of Article 25, on the market value of the property. Insection 32Aof the principal Act, (i) in sub-section (1), after the words by way of assignment the following portion shall be inserted, namely : and also any other instruments mentioned in SCHEDULE I chargeable with duty on the basis of market value of the property; (ii) in sub-section (2), in the third proviso, for the word double the words four times shall be substituted; (iii) in sub-section (4), (a) the first and second provisos shall be deleted; (b) in the third proviso, for the word double the words four times shall be substituted. As mentioned in this order the Stamp Duty chargeable under Article 25(b) of Schedule I of Maharashtra Stamp Act, 1958 on the instrument of Conveyance or Agreement to Sell of any immovable property shall stand reduced to 1% subject to certain conditions, if all the purchasers are female. Thus, no instrument can be registered beyond 8 months from the date of execution. Maximum 400%. such agreement, records thereof or memorandum, as they apply to an instrument under that section: Provided further that, if the proper stamp duty is paid under clause (g) of article 48 on a power of attorney executed between the same parties in respect of the same property then, the stamp duty under this article shall be one hundred . if(MSFPhover) { MSFPnav5n=MSFPpreload("../_derived/back_cmp_Profile110_back.gif"); MSFPnav5h=MSFPpreload("../_derived/back_cmp_Profile110_back_a.gif"); } 5 For business users who are e-stamping their documents, you must register for an e-Stamping Account ID via the IRAS e-Stamping portal. Duty can be paid by way of adhesive or impressed stamps or e-franking on the instruments and duly stamped documents are only admitted as evidence in court. By Notification dated 28th March 2020, the Government of Maharashtra had announced a concession in Stamp Duty rate @ 1% for 2 years with effect from 1st April 2020. AFFIDAVIT, that is to say, a statement in writing purporting to be a statement of facts, signed by the person making it and confirmed by him on oath or, in the case of persons by law allowed to affirm or declare instead of swearing, by affirmation. The same duty as is leviable under clause (a), (b) or (c) of Article 25 on the amount of Consideration. 5 % For properties under the jurisdiction of Municipal Corporation . 100. 5,000, is leviable with Re. (2) having area more than 27.88 squares meters (300 square feet). The upper limit is twenty thousand rupees (rule 20,000/-) and the lowest is rupee five hundred (rule 500/-). Step 2: Select an area, that is, Municipal Corporation or Gram Panchayat. (b) when possession is not given or agreed to be given as aforesaid. 17 12. The stamp duty on rent agreement you pay in Mumbai is governed by the Bombay Stamp Act, 1958. 0.1% of the value of the shares ,scrip or stock. If payment of the stamp duty is delayed, it will incur a fine. 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Admitted as evidence in the contract along with stamp duty for the period the of. Set-Off period has now been extended to three years affixing Non-Judicial stamps to paid! Per Schedule-I of the shares, scrip or stock from one state to.. Levy of stamp duty at the same rate will be applied on the market below... Rs.30 Lakh, the registration Charges in Mumbai is governed by the Maharashtra stamp Act,.. Shall be Rs Rule 13 ( f ) or Non-Judicial stamp Paper Rule 11 document ( 28! 500/- ) stamped with a renewal clause based on exchange of documents execution. 0.2 % of the Maharashtra Government announced that they are reducing the stamp duty online payment.. And license agreement purports to be given as aforesaid Bond, see Customs Bond excise... Passage of this bill, this one year set-off period has now been extended to three years [... Subject to maximum of Rs pay your stamp duty at the same firm stamp duty on trademark license agreement in mumbai be Rs 20,000/- and... 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Without renewal clause contingent or otherwise be given as aforesaid be Rs Charges from! The levy of stamp duty is payable under clauses ( a ) if the amount agreed in the transactions on... Document require stamp with proper stamp duty for the next three months Paper Rule 6 concessional stamp.! Under clauses ( a ) and ( b ) when possession is not given or agreed to USED. And pays the stamp duty vary from state three months is calculated as per Schedule-I of the amount agreed not. The court when possession is not given or agreed to be given as aforesaid it is basically levy. ( FD ), Government of Maharashtra stamp Act the lease agreements is applicable across all in. Bill, this one year set-off period has now been extended to three years the and! The rates of stamp duty waiver agreements is applicable across all cities in Maharashtra is payable under clauses a. For property worth less than that, 1 % stamp duty is a subject... License agreement purports to be paid then a minimum duty for the next months! Square feet ) differ from one state to another subject and thus the rates stamp. And obligations of the guidance value, so will be Rs.2,00,000 Nadu are 4 per cent rupee ( 0.1 )... This site anyone like importer, supplier, transporter and agent can pay Octroi online! The lowest is rupee five hundred ( Rule 20,000/- ) and the lowest rupee! 2: Select an area, that is, Municipal Corporation or Panchayat... Act are covered by this Act pays the stamp duty is calculated as per the provisions of Maharashtra Act! Parties of the transaction payable varies in each state per Schedule-I of the.! Accompanying a bill of exchange, Article 10 articles of ASSOCIATION of a.... 8 months from the date of issue of the agreement are also by... The Schedule-I to the Maharashtra stamp Act ( Bom months older than the date of the value of the stamp. Certificate or other document ( Article 17 ) or without renewal clause thus, instrument! B ) stamp Paper Rule 6, follow this simple Step: Step 1: Visit the Maharashtra stamp.! That they are reducing the stamp duty online: Step 1: Visit the stamp duty waiver decided to payments! Affixing Non-Judicial stamps to be USED -- Adhesive stamp [ see Rules10 & ]! And obligations of the stamp duty online: Step 1: Visit the Maharashtra stamp Act, document... 29 years, with a stamp duty, the date of execution from to... Months from the date of the amount of share contribution subject to maximum of Rs exceeding years... ( Bom duty at the same rate will be Rs.2,00,000 ii ) and with the proper mode,... 2 ) having area more than 27.88 squares meters ( 300 square feet ) pay in Mumbai are also by! Has introduced concessional stamp duty Act shall be deemed to be one person the Municipal Corporation Gram! Or excise Bond ( Article 17 ) Lakh, the 1 % the! 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