Menon Verma Logo Menon Verma LLP Advocates & Solicitors

Karnataka notifies hike in the stamp duty of various instruments including pledge agreement and mortgage deed

 

INTRODUCTION

 

The Karnataka State Legislature in exercise of powers conferred under entry 63 of list II of the seventh schedule of the Constitution of India has issued the Karnataka Stamp (Amendment) Act, 2023 (Karnataka Act No. 04 of 2024) on February 3, 2024 ( Amendment Act ) [i] to amend the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) ( Principal Act ).

 

The following are the key highlights of the Amendment Act :

 

1.              Payment of duties

 

Section 30 of the Principal Act provides for the concerned authority who is supposed to bear stamp duty on various instruments. Previously, Section 30(a) of the Principal Act provided that for any instrument described in Article 2 (Administration Bond), Article 6 (Agreement relating to deposit of title deeds, pawn or pledge), Article 12 (Bond), Article 13 (Bottomry Bond), Article 23 ( Customs Bond ), Article 27 (Further Charge), Article 29 (Indemnity Bond), Article 34 (Mortgage Deed), Article 45 (Release), Article 46 ( Respondentia Bond ), Article 47 (Security Bond or Mortgage Deed), Article 48 (Settlement), Article 52(a) ( Transfer of debentures, being marketable securities, whether the debenture is liable to duty or not ) and Article 52(b) ( Transfer of any interest secured by a bond, mortgage deed or policy of insurance ) of the schedule, the stamp duty shall be paid by the person drawing, making or executing such instrument.

 

However, pursuant to the Amendment Act, the stamp duty on any instrument under Article 56 ( if relating to paper bank guarantee and e-bank guarantee ) of the schedule shall also be paid by the person drawing, making or executing such instrument.

 

2.              Stamp duty on instruments

 

The Schedule to the Principal Act lays down the stamp duty payable on various instruments. Pursuant to the Amendment Act, the stamp duty on certain instruments stands modified as follows:

 

Sl. No.

Article

Instrument

Earlier Position

Amended Position and our observations

1.        

Article 3

Adoption deed i.e., any instrument (other than a will), recording in adoption, or conferring or purporting to confer an authority to adopt.

 

INR 500 (Rupees Five Hundred Only)

INR 1000 (Rupees One Thousand Only)

2.        

Article 4

Affidavit, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.

 

INR 20 (Rupees Twenty Only)

INR 100 (Rupees One Hundred Only)

3.        

Article 5(b)

Agreement or its records or memorandum of an agreement if relating to the purchase or sale of a government security.

 

INR 1 (Rupees One Only) for every INR 10,000 (Rupees Ten Thousand Only) or part thereof of the value of the security at the time of its purchase or sale, as the case may be subject to a maximum of INR 1000 (Rupees One Thousand Only).

 

INR 1 (Rupees OneOnly) for every INR 10,000 (Rupees Ten Thousand Only) or part thereof of the value of the security at the time of its purchase or sale, as the case may be.

 

Vide the Amendment Act, the cap of INR 1,000 (Rupees One Thousand Only) has been removed.

4.        

Article 5(e)(ii)

Agreement or its records or memorandum of an agreement if relating to sale of immovable property wherein part performance of the contract if possession of the property is not delivered.

 

10 paise (ten paise) for every INR 100 (Rupees One Hundred Only) or part thereof on the market value equal to the amount of consideration subject to a maximum of INR 20,000 (Rupees Twenty Thousand Only) but not less than INR 500 (Rupees Five Hundred Only).

 

50 paise (fifty paise) for every INR 100 (Rupees One Hundred Only) or part thereof on the market value equal to the amount of consideration but not less than INR 500 (Rupees Five Hundred Only).

 

Vide the Amendment Act, the cap of INR 20,000 (Rupees Twenty Thousand Only) has been removed.

5.        

Article 5(id)(i)

Agreement or its records or memorandum of an agreement if relating to building works or labour or services (work contracts) where the amount or consideration in the agreement does not exceed INR 10,00,000 (Rupees Ten Lakhs Only).

 

INR 100 (Rupees One Hundred Only)

INR 500 (Rupees One Hundred Only)

6.        

Article 5(i-d)(ii)

Agreement or its records or memorandum of an agreement if relating to building works or labour or services (work contracts) where the amount or consideration in the agreement exceeds INR 10,00,000 (Rupees Ten Lakhs Only).

 

INR 100 (Rupees One Hundred Only) and in addition INR 100 (Rupees One Hundred Only) for every INR 10,00,000 (Rupees Ten Lakhs Only) or part thereof in excess of INR 10,00,000 (Rupees Ten Lakhs Only), subject to a maximum of INR 5,00,000 (Rupees Five Lakhs Only).

 

INR 500 (Rupees Five Hundred Only) and in addition INR 500 (Rupees Five Hundred Only) for every INR 10,00,000 Rupees Ten Lakhs Only) or part thereof in excess of INR 10,00,000 (Rupees Ten Lakhs Only), subject to a maximum of INR 10,00,000 (Rupees Ten Lakhs Only).

 

7.        

Article 5(i-e)(i)

Chit Agreement, executed in the State of Karnataka under Section 6 of the Chit Funds Act, 1982 where the value of chit does not exceed INR 1,00,000 (Rupees One Lakh Only)

INR 100 (Rupees One Hundred Only)

INR 500 (Rupees Five Hundred Only)

8.        

Article 5(i-e)(i)

Chit Agreement, executed in the State of Karnataka under Section 6 of the Chit Funds Act, 1982 where the value of chit exceeds INR 1,00,000 (Rupees One Lakh Only)

INR 100 (Rupees One Hundred Only) plus INR 50 (Rupees Fifty Only) for every INR 1,00,000 (Rupees One Lakh Only) or part thereof, exceeding INR 1,00,000 (Rupees One Lakh Only).

 

INR 500 (Rupees Five Hundred Only) plus INR 100 (Rupees One Hundred Only) for every INR 1,00,000 (Rupees One Lakh Only) or part thereof, in excess of INR 1,00,000 (Rupees One Lakh Only).

 

9.        

Article 5(j)

Agreement or its records or memorandum of an agreement if not otherwise provided for.

 

INR 200 (Rupees Two Hundred Only)

INR 500 (Rupees Five Hundred Only)

10.    

Article 6(1)(i)

Agreement relating to deposit of title deeds, pawn or pledge, that is to say, any

instrument evidencing an agreement relatingto the deposit of title deeds or instrumentsconstituting or being evidence of the title toany property whatever (other than amarketable security), where such deposit,has been made by way of security for therepayment of money advanced or to beadvanced by way of loan or an existing orfuture debt if such loan or debt is repayable on demand from the date of instrument evidencing the agreement where the loan or debt amount does not exceed INR 10,00,000 (Rupees Ten Lakh Only)

 

0.1% (zero decimal one per cent) on the loan or debt amount subject to a minimum of INR 500 (Rupees Five Hundred Only).

 

0.5% (zero decimal five per cent) on the loan or debt amount subject to a minimum of INR 500 (Rupees Five Hundred Only).

 

11.    

Article 6(1)(ii)

Agreement relating to deposit of title deeds, pawn or pledge, that is to say, any

instrument evidencing an agreement relating to the deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security), where such deposit, has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt if such loan or debt is repayable on demand from the date of instrument evidencing the agreement where the loan or debt amount exceeds INR 10,00,000 (Rupees Ten Lakh Only)

 

0.2% (zero decimal two per cent) on the loan or debt amount subject to a maximum of INR 10,00,000 (Rupees Ten Lakhs Only).

 

0.5% (zero decimal five percent) of the loan or debt amount.

 

Vide the Amendment Act, the maximum cap of INR 10,00,000 (Rupees Ten Lakhs Only) has been removed.

12.    

Article 6(2)(i)

Agreement relating to deposit of title deeds, pawn or pledge, that is to say, any

instrument evidencing an agreement relating to the pawn or pledge of moveable property, wheresuch pawn or pledge has been made by way of security forthe repayment of money advanced or to be advanced by wayof loan or an existing or future debt if such loan or debt is repayable on demand or otherwise where the loan amount exceeds INR 1,00,000 (Rupees One Lakh Only) but does not exceed INR 10,00,000 (Rupees Ten Lakhs Only).

 

0.1% (zero decimal one per cent) onthe loan ordebt amount.

 

0.5% (zero decimal five percent) on the loan or debt amount.

13.    

Article 6(2)(ii)

Agreement relating to deposit of title deeds, pawn or pledge, that is to say, any

instrument evidencing an agreement relating to

the pawn or pledge of moveable property, where such pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt if such loan or debt is repayable on demand or otherwise where the loan amount exceeds INR 10,00,000 (Rupees Ten Lakh Only).

 

0.2% (zero decimal two per cent) on the loan or debt amount subject to a maximum of INR 10,00,000 (Rupees Ten Lakhs Only)

 

0.5% (zero decimal five percent) of the loan or debt amount.

 

Vide the Amendment Act, the maximum cap of INR 10,00,000 (Rupees Ten Lakhs Only) has been removed.

14.    

Article 8(b)

Appraisement or valuation, made otherwise than under anorder of the Court in the course of a suit in any case where the amount exceeds INR 1,000 (Rupees One Thousand Only)

 

INR 100 (Rupees One Hundred Only)

INR 200 (Rupees Two Hundred Only)

15.    

Article 10

Articles of association of a company where the company has no share capital or nominal share capital or increased share capital.


INR 1,000 (Rupees One Thousand Only) for every INR 10,00,000 (Rupees Ten Lakh Only) or part thereof subject to a maximum of INR 50,00,000 (Rupees Fifty Lakh Only).

INR 5000 (Rupees Five Thousand Only) for every INR 10,00,000 (Rupees Ten Lakh Only) or part thereof subject to a maximum of INR 1,00,00,000 (Rupees One Crore Only).

 

16.    

Article 11(b)(i)

Award- that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the court in the course of a suit if the property, which is the subject matter of award, is a movable property where the amount or market value of the property, as set forth in the award, does not exceed INR 50,00,000 (Rupees Fifty Lakh Only)

 

3/4% (three-fourth percent) of the amount or market value.

1% (one percent) of the amount or market value.

17.    

Article 11(b)(ii)

Award- that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the court in the course of a suit if the property, which is the subject matter of award, is a movable property where the amount or market value of the property exceeds INR 50,00,000 (Rupees Fifty Lakh Only) but does not exceed INR 5,00,00,000 (Rupees Five Crore Only).

 

INR 37,500 (Rupees Thirty-Seven Thousand Five Hundred Only) plus 1/2% (half percent) of the amount or market value exceeding INR 50,00,000 (Rupees Fifty Lakh Only).

1% (one percent) of the amount or market value.

18.    

Article 11(b)(iii)

Award- that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the court in the course of a suit if the property, which is the subject matter of award, is a movable property where the amount or market value of the property exceeds INR 5,00,00,000 (Rupees Five Crore Only).

 

INR 37,500 (Rupees Thirty-Seven Thousand Five Hundred Only) plus INR 2,25,000 (Rupees Two Lakh Twenty Five Thousand Only) plus 1/4 % (one fourth percent) of the amount or market value exceeding INR 5,00,00,000 (Rupees Five Crores Only).

1% (one percent) of the amount or market value.

19.    

Article 12(a)

Bond, not being otherwise provided for by the Principal Act or by the Karnataka Court Fees and Suits Valuation Act, 1958 where the amount or value secured does not exceed INR 1000 (Rupees One Thousand Only)

50 (fifty) paise for every INR 100 (Rupees One Hundred Only) or part thereof.

INR 2 (Rupees Two Only) for every INR 100 (Rupees One Hundred Only) or part thereof subject to a minimum of INR 100 (Rupees One Hundred Only).

20.    

Article 12(b)

Bond, not being otherwise provided for by the Principal Act or by the Karnataka Court Fees and Suits Valuation Act, 1958 where the amount or value secured exceeds INR 1000 (Rupees One Thousand Only)

50 (fifty) paise for the first INR 1000 (Rupees One Thousand Only) and for every INR 500 (Rupees Five Hundred Only) or part thereof in excess of INR 1000 (Rupees One Thousand Only): INR 2.50 (Rupees Two and Fifty Paise Only)

INR 2 (Rupees Two Only) for every INR 100 (Rupees One Hundred Only) or part thereof, subject to a minimum of INR 100 (Rupees One Hundred Only).

21.    

Article 14(b)

Cancellation of instruments executed by or on behalf of the Central Government or a local authority or other authority constituted by or under any law for the time being in force or a body corporate wholly owned or controlled by the Central Government or State Government

INR 100 (Rupees One Hundred Only)

INR 500 (Rupees Five Hundred Only)

22.    

Article 14(c)

Cancellation of instruments in any other case

INR 100 (Rupees One Hundred Only)

INR 500 (Rupees Five Hundred Only)

23.    

Article 17

Certificate of enrolment, in the roll of Advocates prepared and maintained by the State Bar Council under the Advocates Act, 1961

 

INR 500 (Rupees Five Hundred Only)

INR 2000 (Rupees Two Thousand Only)

24.    

Article 19

Composition deed, that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors or whereby provision is made for the continuance of the debtors' business, under the supervision of inspectors or under letters of licence, for the benefit of his creditors.

 

INR 200 (Rupees Two Hundred Only)

INR 500 (Rupees Five Hundred Only)

25.    

Article 20 (4)(i)

Conveyance relating to an order made by the High Court or appropriate tribunals or appropriate authorities under the Companies Act, 2013 in respect of amalgamation of companies, including a subsidiary amalgamating with parent company.

3% (three per cent) on themarket value of the propertyof the transferor company,located within the State ofKarnataka and transferred tothe transferee company;

 

or

 

An amount equal to 1% (onepercent) of the aggregatevalue of shares issued orallotted in exchange, orotherwise and in case of asubsidiary company, sharesmerged (or cancelled) withparent company and inaddition, the amount ofconsideration if any, paid forsuch amalgamation;

 

- whichever is higher subject to a maximum of INR 25,00,00,000 (Rupees Twenty Five Crores Only).

5% (five per cent) on the market value of the property of the transferor company, located within the State of Karnataka and transferred to the transferee company;

 

or

 

An amount equal to 5% (five per cent) of the aggregate value of shares issued or allotted in exchange, or otherwise and in case of a subsidiary company, shares merged (or cancelled) with parent company and in addition, the amount of consideration if any, paid for such amalgamation;

 

- whichever is higher

subject to a maximum of INR 25,00,00,000 (Rupees Twenty Five Crores Only).

26.    

Article 20 (4)(ii)

Conveyance relating to an order made by the High Court or appropriate tribunals or appropriate authorities under the Companies Act, 2013 in respect of reconstruction or demerger of a company

3% (three per cent) on the market value of the property of the transferor company, located within the State of Karnataka and transferred to the resultingcompany;

 

or

 

An amount equal to 1% (one percent) of the aggregate value of shares issued or allotted to the resulting company and in addition, the amount of consideration if any, paid for such demerger or reconstruction;

 

- whichever is higher

subject to a maximum of INR 25,00,00,000 (Rupees Twenty Five Crores Only).

5% (five per cent) on the market value of the property of the transferor company, located within the State of Karnataka and transferred to the resulting company;

 

or

 

An amount equal to 5% (five per cent) of the aggregate value of shares issued or allotted to the resulting company and in addition, the amount of consideration if any, paid for such demerger or reconstruction;

 

- whichever is higher

subject to a maximum of INR 25,00,00,000 (Rupees Twenty Five Crores Only).

27.    

Article 20 (6)

Conveyance, if relating to assignment of receivables bythe originator to the special purpose vehicle(SPV), or by whatever name they are called,in the process of securitisation under Securitisation and Reconstruction of FinancialAssets and Enforcement of Security InterestAct, 2002.

 

INR 1 (Rupee One Only) for every INR 1000 (Rupees One Thousand Only) or part thereof subject to a maximum of INR 1,00,000 (Rupees One Lakh Only)

INR 2 (Rupees Two Only) for every INR 1000 (Rupees One Thousand Only) or part thereof subject to a maximum of INR 5,00,000 (Rupees Five Lakh Only)

28.    

Article 20(7)

Conveyance relating to transferable development rights

3% (three percent) on the market value of the transferabledevelopment rights equal to the market value of the corresponding portion of the property leading to such transferable development rights, which is the subject matter of conveyance; or consideration for such conveyance; whichever is higher.

 

However, if the properduty is paid under clause (ec)of Article 41 on Power ofAttorney, executed by andbetween the same parties andin respect of the sameproperty, then the dutypayable on thecorrespondingconveyance under Article20(7), shall not exceed INR 200 (Rupees Two Hundred Only).

 

5% (five percent) on the market value of the transferable development rights equal to the market value of the corresponding portion of the property leading to such transferable development rights, which is the subject matter of conveyance; or consideration for such conveyance; whichever is higher.

 

However, if the proper duty is paid under clause (ec) of Article 41 on Power of Attorney, executed by and between the same parties and in respect of the same property, then the duty payable on thecorresponding conveyance under Article 20(7), shall not exceed INR 200 (Rupees Two Hundred Only).

 

29.    

Article 21(i)

Copy of extract, certified to be true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to the court fees if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed INR 5 (Rupees Five Only)

INR 5 (Rupees Five Only)

INR 20 (Rupees Twenty Only)

30.    

Article 21(ii)

Copy of extract, certified to be true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to the court fees

In any other cases

INR 10 (Rupees Ten Only)

INR 50 (Rupees Fifty Only)

31.    

Article 22(b)

Counterpart or Duplicate - of any instruments, chargeable with duty and in respect of which the proper duty has been paid if the duty with which the original instruments is chargeable exceeds INR 500 (Rupees Five Hundred Only).

 

INR 500 (Rupees Five Hundred Only)

INR 1000 (Rupees One Thousand Only)

32.    

Article 25

Divorce - Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.

 

INR 100 (Rupees One Hundred Only)

INR 500 (Rupees Five Hundred Only)

33.    

Article 31

Letter of allotment of shares, in anycompany or proposed company or in respect of any loan to be raised by any company orproposed company.

 

INR 1 (Rupee One Only)

INR 10 (Rupee Ten Only)

34.    

Article 33

Memorandum of association of a company, -

if accompanied by article of association under Section 26 of the Companies Act, 1956.

 

INR 1000 (Rupees One Thousand Only)

INR 5000 (Rupees Five Thousand Only)

35.    

Article 34(c)(i)

Mortgage deed, not being an agreementrelating to deposit of title deeds, pawnor pledge, bottomry bond, mortgage of a crop, respondentiabond or security bond, when a collateral or auxiliary oradditional or substituted security, or by way offurther assurance for the above mentionedpurpose, where the principal or primarysecurity is duly stamped for every sum secured not exceeding INR 1,000 (Rupees One Thousand Only)

 

INR 10 (Rupee Ten Only)

INR 50 (Rupee Fifty Only)

36.    

Article 34(c)(ii)

Mortgage deed, not being an agreement relating to deposit of title deeds, pawnor pledge, bottomry bond, mortgage of a crop, respondentia bond or security bond, when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purpose, where the principal or primary security is duly stamped for every INR 1,000 (Rupees One Thousand Only) or part thereof, secured in excess of INR 1000 (Rupees One Thousand Only).

 

INR 10 (Rupee Ten Only) plus INR 1 (Rupee One Only) for every INR 1000 (Rupees One Thousand Only) or part thereof in excess of INR 1000 (Rupees One Thousand Only).

INR 50 (Rupee Fifty Only) plus INR 5 (Rupee Five Only) for every INR 1000 (Rupees One Thousand Only) or part thereof in excess of INR 1000 (Rupees One Thousand Only).

37.    

Article 34(d)(i)

Mortgage deed, not being an agreement relating to deposit of title deeds, pawnor pledge, bottomry bond, mortgage of a crop, respondentia bond or security bond for hypothecation of moveable property if the loan or debt is repayable on demand where the loan amount does not exceed INR 10,00,000 (Rupees Ten Lakhs Only)

 

INR 10 (Rupees Ten Only) for every INR 10,000 (Rupees Ten Thousand Only) or part thereof.

INR 50 (Rupees Fifty Only) for every INR 10,000 (Rupees Ten Thousand Only) or part thereof.

38.    

Article 34(d)(ii)

Mortgage deed, not being an agreement relating to deposit of title deeds, pawnor pledge, bottomry bond, mortgage of a crop, respondentia bond or security bond for hypothecation of moveable property if the loan or debt is repayable on demand where the loan amount exceeds INR 10,00,000 (Rupees Ten Lakhs Only)

 

INR 20 (Rupees Twenty Only) for every INR 10,000 (Rupees Ten Thousand Only) or part thereof subject to a maximum of INR 10,00,000 (Rupees Ten Lakhs Only).

INR 50 (Rupees Fifty Only) for every INR 10,000 (Rupees Ten Thousand Only) or part thereof.

 

Vide the Amendment Act, the maximum cap of INR 10,00,000 (Rupees Ten Lakh Only) has been removed.

39.    

Article 39(a)(1)

Partition- instrument of, as defined by Section 2(1)(k) of the Principal Act where the property involved in the partition is converted for non-agricultural purpose or is meant for non-agricultural use if the property is situated in the jurisdiction of municipal corporation or urban development authorities or municipal councils or town panchayats.

 

INR 1000 (Rupees One Thousand Only) for each share.

INR 5000 (Rupees Five Thousand Only) for each share.

40.    

Article 39(a)(2)

Partition- instrument of, as defined by Section 2(1)(k) of the Principal Act where the property involved in the partition is converted for non-agricultural purpose or is meant for non-agricultural use if the property is situated in areas other than the jurisdiction of municipal corporation or urban development authorities or municipal councils or town panchayats.

 

INR 500 (Rupees Five Hundred Only) for each share.

INR 3000 (Rupees Three Thousand Only) for each share.

41.    

Article 39(b)

Partition- instrument of, as defined by Section 2(1)(k) of the Principal Act where the property involved in the partition is agricultural land.

INR 250 (Rupees Two Hundred and Fifty Only) for each share.

INR 1000 (Rupees One Thousand Only) for each share.

42.    

Article 39(c)

Partition- instrument of, as defined by Section 2(1)(k) of the Principal Act where the property involved in the partition is movable or money.

INR 250 (Rupees Two Hundred and Fifty Only) for each share.

INR 1000 (Rupees One Thousand Only) for each share.

43.    

Article 40(B)(a)

Partnership- reconstitution where immovable property contributed as share by a partner or partners remains with the firm at the time of outgoing in whatever manner by such partner or partners on reconstitution of such partnership firm.

3% (three percent) on the market value of the immovable property remaining with the firm.

5% (five percent) on the market value of the immovable property remaining with the firm.

44.    

Article 40(B)(b)

Partnership- reconstitution in any other case

INR 1000 (Rupees One Thousand Only)

INR 2000 (Rupees Two Thousand Only)

45.    

Article 40(C)(a)

Partnership- dissolution of- where the property which belonged to one partner or partners when the partnership commenced is distributed or allotted or given to another partner or partners.

3% (three percent) on a market value equal to the market value of the property distributed or allotted or given to partner or partners under the instrument of dissolution, in addition to the duty which would have been chargeable on such dissolution if such property had not been distributed or allotted or given.

5% (five percent) on a market value equal to the market value of the property distributed or allotted or given to partner or partners under the instrument of dissolution, in addition to the duty which would have been chargeable on such dissolution if such property had not been distributed or allotted or given.

46.    

Article 40(C)(b)

Partnership- dissolution of- in any other case.

INR 1000 (Rupees One Thousand Only)

INR 2000 (Rupees Two Thousand Only)

47.    

Article 40-A(A)(a)

Constitution of limited liability partnership, or conversion of firm/private company/unlisted public company into limited liability partnership where the capital does not exceed INR 10,00,000 (Rupees Ten Lakhs Only)

INR 1000 (Rupees One Thousand Only)

INR 5000 (Rupees Five Thousand Only)

48.    

Article 40-A(A)(b)

Constitution of limited liability partnership, or conversion of firm/private company/unlisted public company into limited liability partnership where the capital exceeds INR 10,00,000 (Rupees Ten Lakhs Only), for every INR 5,00,000 (Rupees Five Lakhs Only) or part thereof exceeding INR 10,00,000 (Rupees Ten Lakhs Only).

INR 1000 (Rupees One Thousand Only) plus INR 500 (Rupees Five Hundred Only) for every INR 5,00,000 (Rupees Five Lakh Only) or part thereof, exceeding INR 10,00,000 (Rupees Ten Lakh Only) capital amount, subject to a maximum of INR 10,00,000 (Rupees Ten Lakh Only).

INR 5000 (Rupees Five Thousand Only) plus INR 1000 (Rupees One Thousand Only)for every INR 5,00,000 (Rupees Five Lakh Only) or part thereof, exceeding INR 10,00,000 (Rupees Ten Lakh Only) capital amount, subject to a maximum of INR 25,00,000 (Rupees Twenty-Five Lakh Only)

49.    

Article 40-A(B)

Reconstruction or amalgamation of limited liability partnership

3% (three percent) on the consideration or market value of the property whichever is higher of the transferor limited liability partnership located within the State of Karnataka.

5% (five percent) on the consideration or market value of the property whichever is higher of the transferor limited liability partnership located within the State of Karnataka.

50.    

Article 41(a)

Power of attorney when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents.

INR 100 (Rupees One Hundred Only)

INR 500 (Rupees Five Hundred Only)

51.    

Article 41(b)

Power of attorney when authorising one person or more to act in a single transaction other than when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents.

INR 100 (Rupees One Hundred Only)

INR 500 (Rupees Five Hundred Only)

52.    

Article 41(c)

Power of attorney when authorising more than 5 (five) persons to act jointly and severally in more than one transaction or generally.

 

INR 100 (Rupees One Hundred Only)

INR 500 (Rupees Five Hundred Only)

53.    

Article 41(d)

Power of attorney when authorising more than 5 (five) but not more than 10 (ten) persons to act jointly and severally in more than one transaction or generally.

INR 200 (Rupees Two Hundred Only)

INR 1000 (Rupees One Thousand Only)

54.    

Article 41(f)

Power of attorney when executed by a principal or client for the sole purpose of authorizing the agent or broker to carry out all lawful actsand deeds relating to his / her tradingoperations including sale / purchase ofmarketable securities, transfer of securitiestowards stock exchange, receiving / releasingfunds and securities from / to other parties onbehalf of the principal or client.

 

INR 50 (Rupees Fifty Only)

INR 100 (Rupees One Hundred Only)

55.    

Article 41(g)

Power of attorney when executed by a principal or client for the sole purpose of authorising the depository participant to carry out all lawful acts and deeds relating to his/her demat account as per the bye-laws of the depositories/regulations governing such operations.

INR 50 (Rupees Fifty Only)

INR 100 (Rupees One Hundred Only)

56.    

Article 41(h)

Power of attorney in any other cases.

INR 200 (Rupees Two Hundred Only)

INR 500 (Rupees Five Hundred Only)

57.    

Article 44(b)

Reconveyance of mortgaged property the consideration for which the property was mortgaged exceeds INR 1000 (Rupees One Thousand Only)

INR 100 (Rupees One Hundred Only)

INR 200 (Rupees Two Hundred Only)

58.    

Article 45(c)

Release, that is to say, any instrument (not being such a release as is provided for by Section 24 of the Principal Act), whereby a person renounces a claim upon another person or against any specified property- release of mortgage rights or lien.

 

Same duty as a Bond under Article 12, subject to a maximum of INR 100 (Rupees One Hundred Only)

Same duty as a Bond under Article 12, subject to a maximum of INR 200 (Rupees Two Hundred Only)

59.    

Article 47(a)

Security bond or Mortgage deed, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or execution by a surety to secure the due performance of a contract when the amount secured does not exceed INR 1000 (Rupees One Thousand Only)

 

50 (fifty) paise for every INR 100 (Rupees One Hundred Only) or part thereof.

INR 2 (Rupees Two Only) for every INR 100 (Rupees One Hundred Only) or part thereof.

60.    

Article 47(b)

Security bond or Mortgage deed, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or execution by a surety to secure the due performance of a contract when the amount secured exceeds INR 1000 (Rupees One Thousand Only)

 

INR 200 (Rupees Two Hundred Only)

INR 500 (Rupees Five Hundred Only)

61.    

Article 51(b)

Surrender of lease when the duty with which the lease is chargeable exceeds INR 22.50 (Rupees Twenty Two and Fifty Paise Only)

INR 100 (Rupees One Hundred Only)

INR 200 (Rupees Two Hundred Only)

62.    

Article 52(b)(ii)

Transfer (whether with or without consideration) of any interest secured by a bond, mortgage deed or policy of insurance if the duty on such bond, mortgage deed or policy exceeds INR 22.50 (Rupees Twenty Two and Fifty Paise Only)

INR 100 (Rupees One Hundred Only)

INR 200 (Rupees Two Hundred Only)

63.    

Article 52(c)

Transfer (whether with or without consideration) of any interest secured by a bond, mortgage deed or policy of insurance of any property under Section 25 of the Administrator Generals Act, 1963

INR 100 (Rupees One Hundred Only)

INR 200 (Rupees Two Hundred Only)

64.    

Article 54(i)

Trust, declaration of or concerning, any property when made any writing not being a will- when the trust is made exclusively for public religious and charitable purposes.

INR 1000 (Rupees One Thousand Only)

INR 2000 (Rupees Two Thousand Only)

65.    

Article 54(ii)

Trust, declaration of or concerning, any property when made any writing not being a will- when the trust is made for the management and custody of properties, for the purpose of distributing the benefits/profits of the property to the beneficiaries and where there is no transfer or disposition of property, in any way.

INR 1000 (Rupees One Thousand Only)

INR 2000 (Rupees Two Thousand Only)

 

3.              Stamp duty on bank guarantee

 

The Amendment Act inserts Article 56 to the Schedule of the Principal Act which essentially provides for the stamp duty payable on bank guarantee. It states that for paper bank guarantee, the stamp duty payable shall be INR 300 (Rupees Three Hundred Only) and for e-bank guarantee, the stamp duty payable shall be INR 200 (Rupees Two Hundred Only).

KEY TAKEAWAYS

The incremental changes to the stamp duty shall have consequential effects on various transactions involving subject matter of the instruments. Since many states have not yet updated their stamp duties, the revised stamp rates in the Karnataka will make execution of documents in the State comparably more expensive. Such increase in stamp duty could also lead to higher operational costs for the businesses situated in Karnataka. Furthermore, these higher rates would have high potential of impacting the financing transactions andas a result, the businesses might opt to establish arbitration venues and registered offices in some other State. However, the increase in stamp duty would enable the Karnataka Government to boost the revenue and channelize the funds into public services and welfare of the community.