1) Stamp duty will be calculated on actual 4 lakhs rupees per acre price.
I am buying a land at a price of 4 lakhs per acre where as circle price is one lakh. Since I am paying entire 4 lakhs through bank, I wish to mention 4 lakhs as sale consideration. Now how is stamp duty calculated? Is it as per circle price or actual sales consideration?
Dear Client,
Stamp duty payable on sale consideration or circle rate whichever is higher. And in your case on 4 lacs.
circle rate or agreement rate whichever is higher will be considered for stamp duty
so if you pay higher than circle rate then you will have to pay stamp duty on agreement value
though at present there will be more outgo towards higher stamp duty
but in future there is an advantage for you
if you sell this land, then the sale proceeds you receive will be reduced by the amount of money you paid for its purchase and on balance you will have to pay capital gains tax
so that translates to a lesser tax outgo
Stamp duty has to be paid on the higher of the two, i.e., circle rate or the actual purchase value.
Stamp duty and registration fee is required to be paid on the higher of the circle rate or transaction value, by the buyer.
- Circle Rate is minimum value at which the property can be sold or purchased.
- Market value is the rate at which actual transaction takes place. It is also known as Consideration Value.
- Stamp duty has to be paid on the higher of the two, i.e., circle rate or the actual purchase value.
since the circle price is one lakh and you are paying 4 lakhs and further you want to mention the higher paid one , then the stamp duty will be calculated for the paid amount of 4 lakh.
Good luck and dont forget to positive rating.
Circle rate is for the purposes of purchasing the property for not less than the same but it may be more than the circle rate on which stamp duty need to be paid. So the amount of sale consideration even higher than the circle rate has to be mentioned in the transfer document and on that amount stamp duty is required to be paid.
Stamp duty is payable on the market price of circle rate which ishigher in case you are paying more than the Circle rate than you have to pay stamp duty on the basis of the market value as per the applicable rate
1. If you mention Rs.4 l;akhs as the consideration paid by you then the stamp duty shall be levied on Rs.4 lakhs.
2. You can show payment of Rs. 1 ;lakh as consideration the sale deed for paying lesser amount of stamp duty and pay the balance Rs.3 lakhs as gift to the seller.
3. However, it is strange that the actual price paid by you is 4 times more than the circle price.
The stamp duty will be paid on the price of sale considerations and not on the circle rate of the property.
Regards
Dear Sir,
The circle rate is for the purposes of purchasing the property. The circle rate is not less than the same but it may be more than the circle rate on which stamp duty need to be paid. So the amount of sale consideration even higher than the circle rate has to be mentioned in the transfer document and on that amount stamp duty is required to be paid.
If the sale consideration is above the circle rate you may have to pay the stamp duty as applicable to the sale consideration amount only, since you have availed bank loan.