Let
us first understand the correlation between stamp duty and circle rate. Stamp
duty is the levy paid by a buyer on the total cost of the property. It is paid
at the time of registration of the property (after the transaction is
complete). Circle Rate is best defined as the minimum selling price, or minimum
value of the property, at the exact time of being sold or being bought over.
To
put it simply, the stamp duty has to be paid on the legal value of your
property transaction. So, do we have to pay the stamp duty on the circle rate?
Well, the answer is no. But then why are we focusing on stamp duty and circle
rates through this article.
Stamp
duty and circle rates, both are very important for the buyers to understand,
and know before they actually sign a legal agreement.
Usually,
it is the market value of the property on which the actual transaction takes
place. Circle rate is the minimum value of the property, as fixed by the state
government, who is the recipient of the stamp duty (amount) as revenue for the
property exchange (between the seller and the buyer).
Circle
rate is nothing but the government-perceived value of the property. A buyer can
consider it as the guidance value for the property. It also determines the
purpose of associated charges like stamp duty to be paid.
Many
a times, the market value is higher than the circle rate. The circle rate is
the floor price, and therefore, the actual cost of selling/buying the property
can be much higher. If the seller of a property perceives the value of the
property to be higher than the fixed rate, the sale price is bound to be higher
than the circle rate.
So,
does that mean you are required to pay higher stamp duty as per the market
value?
The
common practice of registering the actual property transaction value pays a
pivotal role here. Usually, the real estate transactions are registered at the
circle rates only. This means the actual transaction value on paper is as per
circle rates only.
On
the hindsight, the market value is much more the registered value of the
property. This gives rise to cash (black money) transaction regarding a
property transfer between the two parties.
The
buyers have the benefit of paying low tax (stamp duty), and the seller
obviously gains by profiting from the market value. It is the government (in
form of tax collector), who has to bear the loss in revenue. If the government
decides to increase the circle rate, then it is the buyers who will have to
shell out more, as sellers will continue to benchmark the property price higher
than the circle rate.
It
is now very evident, that it is really the market rate which is a strong
indicator, for property purchase. Of course, the whole demand and supply factor
in a particular area, also determines the value of a property.
Still,
it is important for the buyers to be aware about the circle rate, as it serves
as a precursor to determine the final price. You and I should not be paying if
there is a huge price gap between the government value and seller value of the
land.
If
we talk about the present scenario or post demonetization phase, the government
has increased scrutiny of black money transaction in the real estate domain.
We, as responsible citizens of India, should register the correct value of the
property, and pay our tax dutifully.
Comments
Post a Comment