Stamp Duty on LLP Agreement in India

Stamp Duty on LLP Agreement in India

Updated on July 08, 2024 10:41:31 AM

In the realm of business partnerships, Limited Liability Partnerships (LLPs) have gained significant popularity in India due to their flexible structure and limited liability protection. However, when entering into an LLP agreement, it is essential to consider various legal and financial aspects, including stamp duty.

Stamp duty is a tax levied on legal documents to make them legally valid. In this comprehensive guide, we will explore the nuances of stamp duty on LLP agreements in India and shed light on frequently asked questions regarding this topic.

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Stamp Duty on LLP Agreement in India

Stamp duty on LLP agreements in India refers to the tax imposed by the government on the execution of LLP agreements. It is essential to pay the stamp duty to make the agreement legally enforceable and admissible as evidence in a court of law. The amount of stamp duty payable depends on several factors, such as the capital contribution, state laws, and the location of the registered office of the LLP.

State Capital Contribution & LLP Agreement Stamp Duty
<₹1 Lakh ₹1 Lakh -₹5 Lakh ₹5 Lakh - ₹10 Lakh >10 Lakh
Andhra Pradesh 500 500 500 500
Arunachal Pradesh 100 100 100 100
Assam 100 100 100 100
Bihar 2500 5000 5000 5000
Chhattisgarh 2000 2000 – 5000 5000 5000
Goa 150 150 150 150
Gujarat 1000 2000 – 5000 6000 – 10000 10000
Haryana 1000 1000 1000 1000
Himachal Pradesh 100 100 100 100
Jammu Kashmir 100 100 100 100
Jharkhand 2500 5000 5000 5000
Karnataka 1000 1000 1000 1000 + (500 For Every 5 Lakh Increase)
Kerala 5000 5000 5000 5000
Madhya Pradesh 2000 2000 – 5000 5000 5000
Maharashtra 1% of Capital (minimum of 500) % of Capital % of Capital 1% of Capital (Maximum of 15000)
Manipur 100 100 100 100
Meghalaya 100 100 100 100
Mizoram 100 100 100 100
Nagaland 100 100 100 100
New Delhi 1% of Capital (Max: 5000) 1% of Capital (Max: 5000) 1% of Capital (Max: 5000) 1% of Capital (Max: 5000)
Orissa 200 200 200 200
Punjab 1000 1000 1000 1000
Rajasthan 4000 (Min of 2000) 2000 on every 50000 multiple, max of 10,000 10000 10000
Sikkim 100 100 100 100
Tamil Nadu 300 300 300 300
Tripura 100 100 100 100
Uttar Pradesh 750 750 750 750
Uttarakhand 750 750 750 750
West Bengal 150 150 150 150
Dadra and Nagar Haveli 1000 2000 – 5000 6000 – 10000 10000
Daman and Diu 150 150 150 150

Factors Affecting Stamp Duty on LLP Agreement

When determining the stamp duty on an LLP agreement in India, several factors come into play. These include:

  • Capital Contribution: The stamp duty payable may vary based on the capital contribution made by each partner in the LLP. Higher capital contributions may attract a higher stamp duty.
  • State Laws: Stamp duty rates and regulations differ across states in India. It is crucial to refer to the specific stamp duty laws applicable in the state where the registered office of the LLP is located.
  • Registered Office Location: The stamp duty payable may also depend on the location of the registered office. Different rates may apply to LLP agreements executed within metropolitan areas compared to those executed in non-metropolitan areas.
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Conclusion

Stamp duty on LLP agreements in India is a crucial aspect that ensures the legality and enforceability of such agreements. By understanding the factors affecting stamp duty, calculating the applicable rates, and exploring the exemptions and concessions available, entrepreneurs and businesses can navigate the process effectively.

It is always recommended to seek professional advice and refer to the specific stamp duty laws of the respective state to ensure compliance and avoid any legal implications.

Frequently Asked Questions (FAQs)

Is stamp duty applicable to LLP agreements in India?

Yes, stamp duty is applicable to LLP agreements in India. It is necessary to pay stamp duty to make the agreement legally valid.

How is stamp duty calculated for an LLP agreement in India?

Stamp duty for an LLP agreement in India is usually calculated as a percentage of the LLP's capital contribution or the total value of the agreement, whichever is higher.

Are there any exemptions or concessions available for stamp duty on LLP agreements in India?

Yes, there are exemptions and concessional rates available for certain scenarios, such as the conversion of a partnership firm into an LLP or making amendments to the LLP agreement. The availability and extent of these exemptions and concessions may vary across states in India.

Where can I find the specific stamp duty laws applicable to LLP agreements in India?

The specific stamp duty laws applicable to LLP agreements in India can be found in the respective state's stamp duty legislation or by consulting with a legal professional.

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