Transfer of shares by gift deed and stamp duty

Others 14866 views 7 replies

Dear Friends,

My mother wants to transfer some of her shares held in a private limited company in Maharashtra to me by way of gift through a gift deed.

I understand that even though share transfer is taking place with out any consideration the stamp duty to be paid with share transfer form is 0.25% of market value.

I want to know, if in addition to this 0.25%, should there be a stamp duty of 2% of market value along with the gift deed?

Or should it be a gift deed on a stamp paper of Rs 500?

A friend suggested that if a proper gift deed with 2% stamp duty is not executed then my mother would attract a long term capital gain of 20% on the market value of shares. Is it correct?

Please advise me accordingly.

Replies (7)

AT WHAT VALUE SHARES ARE BEING TRNASFERRED? THAT WOULD DECIDE CAPITAL GAIN, SINCE IT IS PRIVATE LIMITED COMPANY.

HEMA

 

Hi

 

As per my knowledge, the stamp duty will be payable on consideration of shares. In the case of gift, the share value is not considered but, it is required to register gift deed as a rate specified in the respective state.

 

The company should take following documents for registering transfer of shares:

 

1. Share Certificate

2. Transfer Deed duly executed,

3. Registered Transfer Deed

 

 

Regards 

May i know what would be the Market value for the stamp duty.

If the sharesof the company is listed then the market priche at which the stamp duty will be arrived will be closing price of shares of that date if price is not known by transferer and transferee.

 

 

wat to be done in case of i being held in a public limited co,?

same as private limited company.

wats the taxability in case of transfer of shares from a relative whose an NRI to a RESIDENT INDIVIDUAL ??the shares r listed...do i have to pay any stamp duty??


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