Whether Share Transfer Stamps in case of the Gift of the shares would be applicable ?

[ALPESH DHANDHLYA (PCS Ahmedabad)]

Dear Experts,

Whether Share Transfer Stamps in case of the Gift of the shares would be applicable ?

It is private limited Company and Gift are being done in between the near blood relatives only.

Members are required to give Opinion...

[Peer Mehboob]

Yes, even if there is no consideration in case of transfer of shares, the share transfer stamps will be applicable. The amount of stamp duty shall be the value of shares in case of private company or market value of shares in case of listed company.

In case of gift, stamp duty is paid on execution of Share Transfer form and also paid on Gift Deed at the rate of state stamp Act.

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

[CS Alpesh Dhandhlya]

Thanking you Dear Peer Mehboob

But please inform, if you are sure then I can move ahead...

You received this message because you are subscribed to a topic in the Google Groups "CSMysore" group.
To unsubscribe from this topic, visit https://groups.google.com/d/topic/csmysore/BpOhdCHR9lk/unsubscribe.
To unsubscribe from this group and all its topics, send an email to csmysore+unsubscribe@googlegroups.com.

For more options, visit https://groups.google.com/d/optout.

--

Dear Sir,

Best Regards;

ALPESH DHANDHLYA & ASSOCIATES

COMPANY SECRETARIES

CS ALPESH DHANDHLYA

BA, LLB, CS

Office : 401, Haash Complex, Nagri Hospital-Law Garden Road, Nr. Ellise Bridge Police Line, Ahmedabad-380006, Gujarat, India

Ph. : (079) 26445004, Office Mo.: 9898208063

Mobile: +91 (0)8000133307

Email: welco...@gmail.com

//Perform your obligatory duty, because action is indeed better than inaction.//

[ALPESH DHANDHLYA (PCS Ahmedabad)]

Although, we write NIL in the Form SH-4 but alternatively, we need to affix the Share Transfer Stamps on the same... correct ?

[Ramaswami Mohan]

http://lawfarm.in/question/gift-shares-to-family-

On 19 June 2017 at 19:52, ALPESH DHANDHLYA (PCS Ahmedabad) <welco...@gmail.com> wrote:

Although, we write NIL in the Form SH-4 but alternatively, we need to affix the Share Transfer Stamps on the same... correct ?

--

--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

--

CS. R.  Mohan
Mobile: 9908814677

[Shweta Daga]

Even though its a gift we need to pay stamp duty to make them legally valid.

Thanxs & Regards

Shweta Daga

Mob 7838657554

[CS Alpesh Dhandhlya]

First of all if your shares are in physical form then only you need to pay 0.25 % stamp duty upon them with the SH-4 form under Section 56 of the Companies Act, 2013 Stamp duty for transfer of shares is 25 paise for every Rs. 100 or part thereof of the value of shares as per section 62 of The Indian Stamp Act, 1899 or the market value of shares prevailing on the date of the document, whichever is higher. In case your shares are in electronic format in a DEMAT Account, then Under 8A of the Indian Stamp Act, securities issued in electronic form need not be stamped provided the issuer pays stamp duty on the total amount of securities issued. Also the transfer of registered ownership of share from a person to a depository or from a depository to a beneficial owner shall not be liable to any stamp duty. As you want to transfer this property as a gift you will have to register the gift before the sub-registrar as per section 17 of the Registration Act, 1908, and Section 123 of the Transfer of Property Act. In your case will not apply as the gift is being made to your father and brother who are your blood relatives and gifts made to blood relatives are exempted from stamp duty according to Section 56 (2) (vii) of The Income Tax Act, 1961. You can transfer the shares of a company registered in Delhi through a gift deed made in Karnataka as the law does not bar transfer of property registered in one state through a gift deed made in other state.An instrument of transfer of shares i.e. Form SH.4 with the date of its execution will be delivered to the company within sixty (60) days from the date of such execution by you. After receipt of share transfer deed, the Board of Directors will determine the validity of the deed and will register the transfer by passing a resolution. Researched by - Rahul

You received this message because you are subscribed to a topic in the Google Groups "CSMysore" group.
To unsubscribe from this topic, visit https://groups.google.com/d/topic/csmysore/BpOhdCHR9lk/unsubscribe.
To unsubscribe from this group and all its topics, send an email to csmysore+unsubscribe@googlegroups.com.

For more options, visit https://groups.google.com/d/optout.

--

[Dhruv]

How do we pay and collect share transfer stamps in delhi ?

[Arun Upadhyay]

You can collect from post offices

On 20 Jun 2017 8:46 p.m., "Dhruv" <dhruv...@gmail.com> wrote:

How do we pay and collect share transfer stamps in delhi ?