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The amendments have been carried out with respect to securities market
transactions. The present system of collection of stamp duty on securities market
transactions has led to multiple rates for the same instrument, resulting in
jurisdictional disputes and multiple incidences of duty, thereby raising the
transaction costs in the securities market and hurting capital formation.
Through the said amendments, the Central Government has created the legal
and institutional mechanism to enable States to collect stamp duty on securities
market instruments at one place by one agency (through the Stock Exchanges or
Clearing Corporations authorised by the Stock Exchange or by the Depositories) on
one instrument. A mechanism for appropriate sharing the stamp duty with relevant
State Government based on State of domicile of the buying client has also been
included. In the extant scenario, stamp duty was payable by both seller and buyer
whereas in the new system it is levied only on one side (payable either by the buyer or
by the seller but not by both, except in case of certain instrument of exchange where
the stamp duty shall be borne by both parties in equal proportion).
The amendments in the Indian Stamp Act, 1899 and Rules made thereunder
will facilitate ease of doing business and will bring in uniformity and affordability of
the stamp duty on securities across States and thereby build a pan-India securities
market. Further, cost of collection would be minimised while revenue productivity is
enhanced. Further, this system will help develop equity markets and equity culture
across the length and breadth of the country, ushering in balanced regional
development.
The amended provisions of the Indian Stamp Act, 1899 brought through
Finance Act, 2019 and Rules made thereunder shall come into force w.e.f 1st July,
2020.
Each security is charged with a duty as specified in Schedule I of the
amended Stamp Act. Securities are defined to include all those instruments specified
in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956; a
“derivative” as defined in clause (a) of Section 45U of the Reserve Bank of India
Act, 1934; a certificate of deposit, commercial usance bill, commercial paper and
such other debt instrument of original or initial maturity up to one year as the
Reserve Bank of India may specify from time to time; repo on corporate bonds; and
any other instrument declared by the Central Government, by notification in the
Official Gazette, to be securities for the purposes of this Act.
The stamp-duty on sale of securities, transfer of securities and issue of
securities shall be collected on behalf of the State Government by the Stock Exchange
or Clearing Corporation authorized or Depositories (authorized collecting agents).
The Central Government has also notified the Clearing Corporation of India Limited
(CCIL) and the Registrars to Issue and / or Share Transfer Agents to act as collecting
agents.
For all exchange based secondary market transactions in securities, Stock
Exchanges shall collect the stamp duty; and for off-market transactions (which are
made for a consideration as disclosed by trading parties) and initial issue of securities
happening in demat form, Depositories shall collect the stamp duty.
The collecting agents shall within three weeks of the end of each month and
in accordance with the Rules made in this behalf by the Central Government, transfer
the stamp-duty collected to the State Government where the residence of the buyer is
located and in case the buyer is located outside India, to the State Government having
the registered office of the trading member or broker of such buyer and in case where
there is no such trading member of the buyer, to the State Government having the
registered office of the participant. The collecting agent shall transfer the collected
stamp-duty in the account of concerned State Government with the Reserve Bank of
India or any scheduled commercial bank, as informed to the collecting agent by the
Reserve Bank of India or the concerned State Government.
The collecting agent may deduct 0.2 per cent of the stamp-duty collected on
behalf of the State Government towards facilitation charges before transferring the
same to such State Government.
The State Government shall appoint a nodal officer for all official
communications with the principal officers (appointed representatives of collecting
agents) for the purposes of collection of stamp-duty in accordance with stamp duty
Rules.