Regarding required stamp
This query is : Resolved
22 April 2025
In case of retirement cum addmission partnership deed, alteration - increase in capital stamp is required or any other stamp?
12 August 2025
Stamp Duty on Partnership Deed Alteration (Including Retirement & Admission)
Nature of Deed:
It is an alteration or modification of the existing partnership deed.
Usually treated as a supplementary deed or amendment deed.
Stamp Duty Implication:
Stamp duty is generally payable on the incremental capital contribution or increase in capital.
If the deed only records retirement and admission but also increases capital, the duty is calculated on the additional capital introduced.
In some states, the entire capital may be considered for duty if the deed is registered as a fresh deed.
If it’s an amendment deed, duty is payable only on the alteration portion.
Stamp Type:
Usually a Stamp Paper (non-judicial) of value as per the applicable state Stamp Act.
Some states require adhesive stamps plus a stamp paper for partnership deeds.
Registration:
Partnership deeds and their amendments are generally not compulsorily registered but stamp duty is mandatory.
Check local state law for specific registration requirements.
Practical Steps:
Calculate increase in capital amount.
Refer to your state's Stamp Act for applicable rates on partnership deeds or alterations.
Pay stamp duty on the increase in capital or as prescribed for amendment deeds.
Draft the alteration deed on appropriate stamp paper showing admission, retirement, and capital changes.
Nature of Deed:
It is an alteration or modification of the existing partnership deed.
Usually treated as a supplementary deed or amendment deed.
Stamp Duty Implication:
Stamp duty is generally payable on the incremental capital contribution or increase in capital.
If the deed only records retirement and admission but also increases capital, the duty is calculated on the additional capital introduced.
In some states, the entire capital may be considered for duty if the deed is registered as a fresh deed.
If it’s an amendment deed, duty is payable only on the alteration portion.
Stamp Type:
Usually a Stamp Paper (non-judicial) of value as per the applicable state Stamp Act.
Some states require adhesive stamps plus a stamp paper for partnership deeds.
Registration:
Partnership deeds and their amendments are generally not compulsorily registered but stamp duty is mandatory.
Check local state law for specific registration requirements.
Practical Steps:
Calculate increase in capital amount.
Refer to your state's Stamp Act for applicable rates on partnership deeds or alterations.
Pay stamp duty on the increase in capital or as prescribed for amendment deeds.
Draft the alteration deed on appropriate stamp paper showing admission, retirement, and capital changes.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- TDS 194-T applicability
- GST ITC REVERSE
- Fixe term employment
- Is any professional CA is here please reply
- Regarding Applicability of Tax Audit u/s 44AB
- RCM ISSUE ON RENT AND TRANSPORTATION CHARGES
- Putting a heading on received mail
- Withdrawal in cash from partners capital account by partner
- TDS on Complimentary "Desi Ghee and Gold Coin" Provided to KBC Contestants
- TDS on TRUST
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
