How to Claim Stamp Duty Exemption on Your Property?

It is common for Indian people to know about the Income Tax benefits they can claim. However, while Section 80C is the most famous section of the Income Tax Act, yet only a few people know about the exemption of stamp duty and the registration fees paid for purchasing a property. Let's take a closer look at all these rules.

What are the Conditions for Stamp Duty Exemption?

According to Section 80C(viii)(d), you can claim tax benefits of up to Rs 1.50 lakhs on your stamp duty and registration charges for a residential property. Although, stamp duty exemption is allowed only to individuals and HUFs (Hindu Undivided Family). Additional conditions:

In order to claim exemption of these expenses, it is important to ensure that you have paid the same during the current year. You cannot claim tax benefits for expenses that you haven't paid yet.For example, let's say you purchase a property and pay the stamp duty and registration fees on 10/09/2021. The deduction for these expenses is available only for FY 2021-22.

In case you purchase a residential property jointly with your spouse, both of you can claim a deduction of Rs. 1.50 Lakhs each. So, joint owners can claim double tax benefits.

For an under-construction property, you can claim the stamp duty exemption only when it comes into your possession. However, you must be the title owner of the property to claim this tax benefit.

Tax benefits of stamp duty and registration fees are not available if you purchase a residential property that is resold. This means fresh occupancy is necessary to claim the tax benefits. On the other hand, tax benefits are not allowed for the purchase of a commercial property or a plot of land.

There is a lock-in period for the investments admissible under Section 80C. Similarly, to claim the tax benefits for your property, you cannot sell it before the completion of 5 years. If you sell your property within this time,

• Your ITR for the year of deduction will be revised
• Tax on the deduction claimed earlier becomes payable.

Modes to pay Stamp Duty

Stamp Duty can be paid in the following ways:

• E-Stamping
• Franking
• Non-Judicial Stamp

Costs that are Not Covered under Stamp Duty Exemption

Stamp duty exemption is allowed only for the payment of stamp duty, registration charges and all other expenses incidental to the transfer of property. So, here is a list of expenses that you cannot claim under Section 80C.

• Any kind of admission fee
• Initial deposit made by the shareholder of a company
• Initial deposit made by the member of a co-operative society
• Any of the following costs incurred for
  
  • Addition or alteration
  • Renovation or repair

  Types and Use of Property

  There are 5 types of properties based on their uses:

  1. Residential Property
  2. Commercial Property
  3. Agricultural Property
  4. Recreational Property
  5. Transport Property

  Maximum Benefit Under Section 80C

  The maximum benefits under Section 80C in a financial year cannot exceed Rs. 1.50 lakhs. Investments in PPF accounts, tax-saving FDs and LIC premium are also included in this section alongside the tax benefits for stamp duty. Hence, you are allowed to deduct only Rs. 1.50 lakhs from your taxable income, irrespective of your actual investment.

  Is It Exemption or Tax Deduction ?

  Just for the sake of simple understanding, the tax benefit on stamp duty is called stamp duty exemption. But technically, it is a deduction from your total taxable income. The word exemption is used for an income that is not taxable as per the Income Tax Act. Whereas the expenses incurred are allowed as a deduction from your taxable income.

  Choose Your Tax Regime Wisely to Get the Tax Benefits

  Gaining proper knowledge about the deductions in advance can help you plan your tax efficiently. Remember, India has introduced a New Tax Regime from FY 2020-21, giving you two options. You can either choose the old regime or the new regime. All the deductions are available only under the old tax regime and not the new one. So, choose wisely.

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  Legal Disclaimers

  The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

  The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

  Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

  No Solicitation

  No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.

  The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.

  Statutory Disclosure

  ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF. Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.

  Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.

  Force Majeure

  The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  Indemnification

  You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

  No Waiver

  The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

  Exclusive Agreement

  You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

  Termination

  Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

  Governing Law and Jurisdiction

  The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

  These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.