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Q.

Is Transfer Duty the Same as Stamp Duty?

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Stamp Duty is a tax levied by the government on legal documents related to the transfer of property, such as sale deeds, gift deeds, or agreements for sale. Whereas Transfer Duty is a charge specifically related to the transfer of property ownership from one party to another, particularly with property inheritance, gifts, or transfers within a family. This is the primary transfer duty vs stamp duty difference.

Stamp Duty vs Transfer Duty

Here is the difference.

Stamp Duty

Transfer Duty

The primary purpose of stamp duty is to make the property transfer legal and enforceable in the eyes of the law.

Transfer duty is mainly applicable in certain cases, such as the transfer of immovable property from one family member to another, or when the government transfers land for public use.

Stamp duty is applicable in all property transactions, including sale, lease, and mortgage, and is paid based on the market value or the agreement value, whichever is higher.

Unlike stamp duty, transfer duty is less common and typically applies in specific situations where the property is transferred without a sale transaction, such as inheritance or gifts.

The stamp duty rate varies across states and is usually between 4% to 10% of the property’s transaction value. Some states also offer reduced rates for women buyers, first-time homebuyers, or affordable housing.

Transfer duty is lower than stamp duty, and the rate depends on the specific state laws and the nature of the transfer (e.g., family transfers, inheritance).

I hope this resolves your query, is transfer duty the same as stamp duty.

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0 2024-04-04T20:22:19+00:00

Transfer duty vs stamp duty are similar in concept but are not exactly the same.

  • Stamp duty is a tax levied on various legal documents, including property transactions, agreements, contracts, and certain financial transactions. It is paid by individuals or entities executing these documents and is typically calculated based on the value or consideration involved in the transaction.

  • Transfer duty, on the other hand, specifically refers to the tax levied on the transfer of property ownership.

In some states, transfer duty may be a component of stamp duty, meaning that when property is transferred from one party to another, stamp duty is paid, which includes transfer duty as part of it. However, the terminology and structure of taxes can vary between states in India. 

Some states may use the term "transfer duty" interchangeably with stamp duty, while others may have separate taxes or fees specifically designated as transfer duty. However, a stamp duty is also called a stamp tax or documentary stamp tax.

In summary, while transfer duty and stamp duty share similarities, they are not universally synonymous in India, and their exact meaning and application may differ based on regional regulations. So, transfer duty is not the same as stamp duty.

I hope this answers your query is transfer duty the same as stamp duty.

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