Advice regarding stamp duty on Moveable Asset at time of slump sale
28-Mar-2025 (In Property Law)
12:01 PM
Hii, please guide on stamp duty on Business Transfer through Slump Sale. How Stamp Duty to be levied whether on respective values of assets and investments or whether any single Percentage on the Business Sale Transaction Amount
If immovable property is involved then to be only on immovable or for both immovable & movable property
For movable property whether to be gross or net asset
Since a single agreement would be executed for Whole Business Transfer through Slump Sale
If only movable assets are transferred:
Movable assets are typically not subject to stamp duty. However, if they are part of a single agreement including immovable property, the stamp duty is applicable on the entire business sale transaction amount unless separately valued.
If both movable and immovable property are involved:
If the agreement clearly bifurcates values, stamp duty applies only to the immovable portion.
If no separate valuation is provided, stamp duty may apply to the entire transaction amount at 5%.
On Business Transfer Agreement:
If the transaction is executed via a Business Transfer Agreement without immovable assets, stamp duty may be 0.5% of the total consideration (subject to a cap)
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