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Recent Changes in Indian Stamp Act
Recent Changes in Indian Stamp Act
Recent Changes in Indian Stamp Act
STAMP ACT
LEVY & COLLECTION OF STAMP DUTY ON ISSUE/SALE/TRANSFER
OF SECURITIES
BACKGROUND
The Finance Act, 2019 enumerates certain amendments to the Indian Stamp Act, 1899. The Finance Act came
into effect on 1st day of April, 2019 but the amendments to the Indian Stamp Act as mentioned in Part I of
Chapter IV of the Finance Act were not notified until December 10, 2019.
On December 10, 2019, Ministry of Finance (MoF) vide notification dated appointed January 09, 2020, as the
date on which the provisions of said chapter shall come into force. However, MoF vide notification dated
January 08, 2020 has deferred the effective date of amendments in Indian Stamp Act, 1899 to April 01, 2020.
The objective is to introduce uniform rate and streamline the process of levying and collection of Stamp Duty
on the Instruments related to issue or transfer of securities through common agencies i.e. Stock Exchanges or
Clearing Corporations or Depositories, as the case may be.
KEY TERMS INTRODUCED/AMEMDED
SECURITIES
“Derivative” as defined in section
‘instrument’ by including in its
45U(a) of the Reserve Bank of
ambit, a document, electronic or
India
otherwise, created for a transaction
Act, 1934
in a stock exchange or depository
by which any right or liability is, or Certificate of deposit, commercial
purports to be, created, transferred, usance bill, commercial paper, repo
limited, extended, extinguished or on corporate bonds and such other
recorded. debt instrument of original or initial
maturity upto one year as the
Reserve Bank of India may specify
from time to time
KEY TERMS INTRODUCED
MARKET VALUE
In case security transferred
DEBENTURE
Earlier, the transfer of securities in demat was not subject to any stamp duty.
The Finance Act, seeks to end the relaxations given to such transfer and has provided for levy
and collection of stamp duty on transfer of securities in demat or electronic form.
The amendment seeks to end the biggest benefit available on dematerialization of any
security.
STAMP RULES NOTIFIED
MoF vide notification dated December 10, 2019 notified Indian Stamp (Collection of Stamp
Duty through Stock Exchanges, Clearing Corporation and Depositories) Rules, 2019.
The Rules provide the manner in which stamp duty shall be levied and collected by Collecting
Agent and then transferred to the concerned state governments.
Sale of security through stock Stock Exchange or Buyer Price at which it is so traded Settlement of
exchanges Clearing Corporation transactions
authorized by it
Issue of security through a stock Depository Issuer Consideration or Issue Price At the time of issue or
exchange/ depository or change in the records
otherwise of depository
Issue of security otherwise than No clarity* Issuer Consideration specified in At the time of issue of
through a stock exchange/ the instrument securities
depository
*Currently, the SDM or other authorities collect Stamp Duty in different parts of the Country
Note: In case of issuance of any securities other than through stock exchange or depository, the stamp duty shall be paid by
the issuer in the State where its registered office is located.
C. OFFER FOR SALE, PRIVATE PLACEMENT, TENDER OFFER OR
OPEN OFFER
Offer for sale, private placement, Stock Exchange or Offeror Offer price Once offer is
tender offer or open offer Clearing Corporation completed
through stock exchange authorized by it
Offer for sale, private placement, Depository Offeror Offer price Once offer is
tender offer or open offer completed
through Depository
KEY CHANGES IN RATES (SCHEDULE-I)
Issuer/ Buyer/
Transferor/Offeror
State Governments
RESPONSIBILITY OF COLLECTING AGENTS
The term ‘domicile state’ is used for the purpose of transferring the stamp duty to the concerned state which shall
mean:
State of the buyer appearing as ‘Permanent address’ in India in the records of the Collecting Agent and if the
same is not available, then the ‘Correspondence address’ in India.
In the absence of both the addresses in India, the concerned State eligible for the Stamp Duty shall be the State
where the registered office of the Intermediary is located (i.e. Broker, Clearing Member, Depository, Custodian,
etc. through which trade is executed).
PENALTY FOR FAILURE TO COMPLY WITH THE PROVISIONS
Senior Associate
Corporate Professionals
E : nitesh@indiacp.com
M : +91 8750142020
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