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Why stamp duty rates are important for income tax purposes

Any difference between the agreement value and the ready reckoner value of a property, has implications, not only on the stamp duty payable but also on the income tax of the buyer and seller

When you enter into an agreement to buy a property, you have to pay stamp duty to the government. The amount of stamp duty is generally based on the value of the property mentioned in the agreement.

To avoid evasion of stamp duty through undervaluation of agreements and to minimize the disputes on the quantum of stamp duty, all state governments publish an area-wise, stamp duty ready reckoner on a yearly basis. If the value of the property based on the ready reckoner is higher than the value of the property stated in the agreement, then, you will have to pay the stamp duty on the basis of the value computed from the rates in the ready reckoner. However, if the agreement value is higher than the ready reckoner valuation, the stamp duty payable will be calculated with reference to the agreement value. The stamp duty valuation also has implications on the income tax of buyers and sellers.

See also: What is Stamp Duty Rates & Charges on Property?

Importance for the seller under income tax laws

As per Section 50C of the Income Tax Act, in case the agreement value is lower than the stamp duty valuation, the law presumes that the seller has received an amount equal to the stamp duty valuation and the capital gain is computed accordingly. However, if the difference between the agreement value and stamp duty valuation does not exceed five percent of the agreement value, this provision will not apply.

However, if the seller claims that the stamp duty valuation is higher than the fair market value of the property, the income tax officer can ask its valuation officer to assess the value the property for capital gains purpose. The value determined by this officer shall be treated as the sale consideration of the property for income tax purpose. However, if the valuation given by the income tax officer is higher than the stamp duty valuation, such excess valuation shall be ignored and only the stamp duty valuation shall be treated as the sale consideration. This provision is applicable to all the taxpayers, including limited companies.

In cases, where the stamp duty valuation is higher than the agreement value, and the taxpayer invests the net sale consideration under Section 54F to claim exemption from long-term capital gains, s/he may have to borrow money as the money received may be lower than the amount required to be invested.

Importance for the buyer under income tax laws

As per Section 56(2) (x)(b) of the Income Tax Act, if the difference is higher than Rs 50,000 or five percent of the agreement value, such difference between the stamp duty valuation and the agreement value shall be treated as income of the buyer. This provision applies to Hindu undivided families (HUFs) and individuals only.

However, if the agreement date and the date of registration are different and thus, the values on these dates are also different, the, the valuation as on the date of agreement can be considered for this purpose, only if full or part consideration was paid by means other than cash, either on or before the date of the agreement.

Source- Housing website

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Property Tax Calculation – A Complete Guide

When you buy a home, there are several taxes that the purchaser has to pay. While stamp duty and registration are one-time charges, the property tax is a recurring charge that the owner has to pay every year.

How do you calculate property tax

The owner of a property is liable to pay the tax levied by the local body (for example, the municipality) and such a tax is called the property tax. This tax may vary from one location to another and there are various other factors that determine the amount of property tax payable, such as:

  • Location of the property.
  • Size of the property.
  • Whether the property is under-construction or ready-to-move.
  • Gender of the property owner – there may be discounts for female owners.
  • Age of the property owner – there may be discounts for senior citizens.
  • Civic facilities provided by the municipal body in the locality.

Why do we have to pay property tax?

The local municipal body provides certain important services, like cleanliness in the area, water supply, maintenance of local roads, drainage and other civic facilities. Property tax allows the municipal bodies to get revenue, for funding all the services that it provides. It is one of the major sources of revenue for municipal bodies. If you do not pay property tax, then, the municipal body can refuse to provide the water connection or other services and it may also initiate legal action, to recover the due amount.

Importance of paying property tax

Property tax is calculated, according to the recent property valuation conducted by the municipal body. Only the owner of the property is liable for paying the property tax. Hence, if you are a tenant, you need not be concerned about it.

In case of a property dispute, the property tax receipt plays a crucial role, to prove ownership of property. Consequently, when you buy a property, the title of the property should be updated in the municipal records. However, until all the outstanding arrears are cleared, the name cannot be transferred to the new buyers. If the record is not updated in the municipal records, then, the name of the previous owner will continue to show in the tax receipt.

While getting the property registered in your name at the local municipal records, you may be asked to provide documents to prove the ownership of the property. The list of documents that you may need to include, to get the property name updated, are the sale deed copy, clearance from the society, duly filled application, photo and address proof, copy of receipt of the last paid property tax, etc. A property tax receipt is also a key document, for availing of loans, such as a loan against property.

Hence, you must make the property tax payments on time and keep your records updated, at the local municipal bodies. Certain establishments, such as places of worship, government buildings, foreign embassies, etc., are usually exempted from the property tax. Clean land is also exempted from property tax charges.

Citye-link to pay property tax
Greater Hyderabad Municipal Corporationhttps://ptghmconlinepayment.cgg.gov.in/PtOnlinePayment.do
Pune Municipal Corporationhttp://propertytax.punecorporation.org/
PCMChttp://203.129.227.16:8080/pcmc/
Navi Mumbai Municipal Corporation (NMMC)https://www.nmmc.gov.in/property-tax2
Municipal Corporation of Greater Mumbai (MCGM)https://prcvs.mcgm.gov.in/
Municipal Corporation of Delhi (MCD)http://www.mcdpropertytax.in/
NOIDA Authorityhttps://www.noidaauthorityonline.com/
Municipal Corporation of Gurgaonhttp://www.mcg.gov.in/HouseTax.aspx
Amdavad Municipal Corphttp://ahmedabadcity.gov.in/portal/web?requestType=ApplicationRH&actionVal=loadQuickPayPropertyTax&queryType=Select&screenId=1400001
Kolkata Municipal Corporation (KMC)https://www.kmcgov.in/KMCPortal/jsp/KMCAssessmentCurrentPD.jsp
Bruhat Bengaluru Mahanagara Palike (BBMP)https://bbmptax.karnataka.gov.in/
Greater Chennai Corporationhttp://www.chennaicorporation.gov.in/online-civic-services/editPropertytaxpayment.do?do=getCombo

Note: The links are taken from the websites of the respective authorities, as on August 8, 2017.

Property tax calculation

Property tax in Pune

The PMC offers an online property tax calculator, in which you can enter the following details and ascertain the amount of tax you need to pay on your property: Location, Area, Usage, Type, Total plinth area, Construction year.

Property tax in Bengaluru

The BBMP follows a Unit Area Value (UAV) system, for calculating the amount of property tax.
Property Tax (K) = (G – I) x 20%
Where, G = X + Y + Z and I = G x H/100
(G = Gross unit area value; X = Tenanted area of property x Per sq ft rate of property x 10 months; Y = Self-occupied area of property x Per sq ft rate of property x 10 months; Z = Vehicle parking area x Per sq ft rate of vehicle parking area x 10 months; H = Percentage of depreciation rate, which depends upon the age of the property)

Property tax in Mumbai

The BMC uses the Capital Value System (CVS) to calculate property tax. The property tax is calculated as follows:
Capital value of property x Current property tax rate (%) x Weight for user category

The Maharashtra cabinet, on March 8, 2019, approved a proposal to exempt residential properties up to 500 sq ft, within the Mumbai municipal area limits, from property tax.

Property tax in Delhi

The Municipal Corporation of Delhi (MCD) uses the ‘Unit Area System’ for property tax calculation all over the city. The formula used for calculation is as follows:

Property tax = Annual value x Rate of tax

Where
Annual value = Unit area value per sq metre x Unit area of property x Age factor x Use factor x Structure factor x Occupancy factor

Property tax in Chennai

The Greater Chennai Corporation (GCC) adopts the system of Reasonable Letting Value (RLV), for calculating the annual rental value of a property. The GCC takes the following factors into consideration while assessing property tax:

  • Plinth area
  • Basic rate of the street in which the property is located
  • Usage of the building (residential or non-residential)
  • Nature of occupancy (owner or tenant)
  • Age of the building

Property tax in Hyderabad

The rate of property tax in Hyderabad depends on the annual rental value, and the Greater Hyderabad Municipal Corporation (GHMC) adopts a slab rate of taxation for residential properties.

The GHMC uses the following formula to calculate property tax:

Annual property tax = Plinth area x Monthly rental value per sq ft x 12 x (0.17 – 0.30) depending on MRV and based on slab rate of taxation – 10 per cent depreciation + 8 per cent library cess

Property tax in Kolkata

In March 2017, the new Unit Area Assessment (UAA) system for property tax calculation, was passed in the Kolkata Municipal Corporation (KMC). The property tax calculation utilises the concept of multiplicative factors (MFs), to account for the many critical differences in houses within the same block.

The annual property tax under the UAA system is calculated, using the following formula:

Annual tax = Base Unit Area Value x Covered space/Land area x Location MF value x Usage MF value x Age MF value x Structure MF value x Occupancy MF value x Rate of tax (including HB tax)

(Note: HB tax refers to Howrah Bridge tax, which is applicable on properties lying in specific wards.)

Property tax in Ahmedabad

The Amdavad Municipal Corporation (AMC) calculates property tax payable on a property based on its capital value.The formula for manual calculation of property tax is as follows:

Property tax = Area x Rate x (f1 x f2 x f3 x f4 x fn)

Where,
f1 = weightage given to the location of the property
f2 = weightage given to the type of property
f3 = weightage given to the age of the property
f4 = weight assigned to residential buildings
fn = weight assigned to the user of the property

Property tax in Gurugram

The tax payable on properties in Gurugram is based on two factors – area and use (residential/non-commercial and commercial). The best way to make your property tax payment is online, on the Municipal Corporation of Gurugram (MCG) website. When you enter your unique Property ID number or your name and address, you will be shown the amount that you need to pay.

Website- Housing, Author- Amit Sethi