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To be very honest, the question of stamp duty is a mystery within the broking community itself. I had spent quite sometime researching on this for a client brokerage. When we trade the markets a contract note is generated and sent to you by end of the day by the brokerage which shows all the transactions executed for that day. When the contract note is sent to you via courier it is signed physically, and when sent via email it is digitally signed by one of the bosses at the brokerage firm where you trade.
Note that in this case the contract note is not actually stamped physically, but a fee is collected based on your turnover by the brokerage, which is then declared and paid to the relevant stamping authority state government. Stamp duty was originally a part of the Indian Service Tax Act, and as per that act a tax is applicable at the point of service.
Today most brokerages are online and send contract notes from their servers located at their headoffice, and hence according to them the stamp duty has to be as per the state where their headoffice is. Some of them also say that the point of service should be where the trades happen the exchanges themselves , which is in Mumbai and hence stamp duty should be collected and paid as per the Mumbai Stamp Act. But the thing about lawyers is that they have a vested interest in saying this, if tomorrow a state government sends a notice to the same brokerage, that will be new business for them.
The state governments say: Check this , a Google search result showing the letters sent by various state governments to the exchanges asking them to inform brokerages to pay stamp duty for all clients from their state.
I hope our government wakes up and does something about it. For example, the Tamil Nadu Government today charges more stamp duty than what many of the discount brokerages charge you as a brokerage for offering their services. Some states have a cap on the maximum amount of stamp duty per contract note, and I think all states should be forced to follow this rule. The rates mentioned for Punjab State are incorrect. Links are as under:. This is for transaction of shares on the stock exchanges, what we have mentioned is correct.
There is no online link for this, but we have double checked with a bunch of national brokerages. Stamp Duty of Chhattisgarh state is 0. If the above mention stamp duty of 0. Writing posts is time consuming. I know where you can get unlimited articles for your blog, type in google: Legally, onus of this payment is on seller who remains the owner of the executed document till he delivers it to the beneficiary. In case of shares it is the transfer deed that is to be stamped before execution signing by the seller.
How can the residence of a beneficiary or buyer be the basis of jurisdiction. The futures and options are not even shares. Why and how and under what authority is stamp duty being charged, collected, remitted and accepted, is a big question. There is an urgent need to explore this question because once collected and remitted, even though in error, the clients will not see this money again. I am a corporate lawyer and I must commend for you for the simple manner in which you have explained this issue…..
Take a bow mate! I have a question, whether the stamp duty is liable to be paid for proprietary trades? To the best of my knowledge, a contract note is not necessary for proprietary trades, so can the question of stamp duty arise in this case? There are different schools of thought, but I think it is best to pay stamp on that. Exchanges will share trade details if asked by the stamp authorities of the state government on all trades originating from the state. The turnover will not differentiate client and prop trades, so if a lot of turnover has occurred, the authorities will most likely no let go of a money making opportunity.
Justin Mazza invites you to read.. God, what is it with these people that they can hear the truth, hear the facts, and still they pretend like nothing is wrong. I typed in the commands, and even unplugged the usb to get it to work, but no luck. Can you tell that in currency options the stamp duty is 0. As so many sources have written that it is 0. Then it makes the biggest component of your cost.. There is its like 0.
Thank you in advance. Stamp duty is only on the premium amount. So it has to be 0. If someone is charging more, he is cheating. If you are interested in topic: In this way these states loose the money which is considerable matter.
I will wait for your thought and reply … thanks. If any broker charged stamp duty more than the max limit form state government, what should I do? Are you sure stamp duty for HP govt. I am client of Zerodha and they always charge flat Rs 50 for taking Equity delivery as well as intraday.
Can you please double check if your figures are correct? And if yes, can you provide me the proof to convince my broker to reduce the charge they levy on me. Have you given Himachal Pradesh as address? In that you would be in safer side in high amount transaction. Did you check on transaction above 10lacs? Stamp duty for everything else makes sense, but not for capital markets,a petition should be filed in the same.
I have been charged lump-sum of 1 Rs on total turnover of There is any rule of lump-sum or minimum Stamp Duty on Investment? I live in haryana. Revised stamp duty on commodities future as below. Your email address will not be published. What is Stamp Duty? This is where all the confusion exists, The lawyers say: They will also have the muscle power to fight it out with the state governments if need be. A few brokerages, when there is no clarity on whom to pay the stamp duty for a few states , keep this stamp duty in a suspense account.
Links are as under: Yes, only stamp duty for equity was mentioned, have updated 0. Sir, Stamp duty is to be paid on execution of a document. Can you please enlighten us with the sources of your write up. Can you please enlighten us about the sources of your write up. Equity intraday will be like fno, which is 0. Hi,What is the state wise stampduty for dadara nagar haveli and telangana?? Dear Sir, If any broker charged stamp duty more than the max limit form state government, what should I do?
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