What is the Stamp Duty on LLP Agreement for all States in India By CS Gaurav Kumar

CS Gaurav Kumar | 281041 Views | 05 Aug 2018 Bookmark

LLP, Incorporation, Corporate Law, Articles, Knowledge, KGCS,

Dear Professional Colleagues,

In this write-up, I have tried to cover the pain areas of every single professional who have to work really hard to find out as to what amount of stamp paper has to be bought for LLP Agreement for different states.

We know that Stamp Duty is subject to state and thus it varies from state to state.

Normally, when we incorporate Companies, we keep the capital of INR One Lac.

On the other hand, while we incorporate any LLP in India, the amount which is kept as minimum threshold generally is INR Ten Thousand. The problem arises when we have to struggle really hard after getting Certificate of Incorporation when we have to file Form 3 for initial LLP Agreement to MCA.

For example,

In Delhi, it is INR 100/-
In Haryana, it is INR 1000/-
In Uttar Pradesh, it is 750/-

Considering the capital is INR 10,000/-

We know that filing of LLP agreement is mandatory after receiving Certificate of Incorporation within 30 Days. After 30 Days, there is a penalty of INR 100/- for every day delay till it is filed. Thus, it is suggested that as soon as one gets his LLP incorporated, prepare the LLP Agreement and file it without delay.

Capsule: There is no MOA & AOA in LLP, unlike it has Limited Liability Partnership Agreement in LLP.

Points to remember:

LLP Agreement must be printed on non-judicial stamp paper;

LLP Agreement shall be signed by the Designated Partners of the LLP;

LLP Agreement is required to be notarized before uploading;

LLP Agreement has to be attached in Form 3 of LLP;

The Content of Form 3 of LLP shall be in sync with the LLP Agreement;

Stamp Duty payable of LLP Agreement is different from state to state; and

The stamp duty payable on partnership agreement in view of the Finance Bill, 2009 is also payable for LLP.

To clear the ambiguity, here is the Chart on LLP Agreement Stamp Duty for all States

	Capital Contribution & LLP Agreement Stamp Duty
State	Less than Rs.1 Lakh	Rs. 1 Lakh to Rs. 5 Lakh	Rs. 5 Lakh to Rs. 10 Lakh	Rs. 10 Lakh & Above
Andhra Pradesh (Click here for Telangana)	500	500	500	500
Arunachal Pradesh	100	100	100	100
Assam	100	100	100	100
Bihar	2500	5000	5000	5000
Chhattisgarh	2000	2000 – 5000	5000	5000
Goa	150	150	150	150
Gujarat	1000	2000 – 5000	6000 – 10000	10000
Haryana	1000	1000	1000	1000
Himachal Pradesh	100	100	100	100
Jammu Kashmir	100	100	100	100
Jharkhand	2500	5000	5000	5000
Karnataka	2500	2000	2000	2000
Kerala	5000	5000	5000	5000
Madhya Pradesh	2000	2000 – 5000	5000	5000
Maharashtra	1000 (If Capital is < 50000 Stamp Value of 500 will do)	1000 + 1% of Capital above 1 Lakh (Max 5000 upto 5 Lakh)	5000 + 1% of Capital above 5 Lakh (Max 10000 upto 10 Lakh)	10000 + 1% of Capital above 10 Lakh (Max 15000 upto any amount)
Manipur	100	100	100	100
Meghalaya	100	100	100	100
Mizoram	100	100	100	100
Nagaland	100	100	100	100
New Delhi	1000	2000 – 5000	5000	5000
Orissa	200	200	200	200
Punjab	1000	1000	1000	1000
Rajasthan	500	500	500	500
Sikkim	100	100	100	100
Tamil Nadu	300	300	300	300
Tripura	100	100	100	100
Uttar Pradesh	750	750	750	750
Uttarakhand	750	750	750	750
West Bengal	150	150	150	150
Dadra and Nagar Haveli	1000	2000 – 5000	6000 – 10000	10000
Daman and Diu	150	150	150	150

How should I pay Stamp Duty for LLP Agreement?

Stamp duty for LLP Agreement should not be paid on MCA Portal. The Stamp Duty payable for LLP Agreement is a State subject and same may be paid as per the State Stamp Act. Till the time specific Stamp Duty is prescribed in respective Stamp Act, the Stamp duty on LLP Agreement may be paid as per the stamp duty payable on partnership agreement in view of the Finance Bill, 2009.

Click here for Telangana State

If you still have any query, leave me an email at Gaurav@ccoffice.in

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CS Gaurav Kumar

Qualification: Company Secretary
Company: Compliance Calendar LLP
Location: New Delhi

Member Since: 09 Dec 2017 | Total Articles Contributed: 19

About Author :
Gaurav Kumar is Law Graduate, Masters in Commerce and An Associate Member of ICSI. Member of the Corporate Affairs Committee of PHD Chamber of Commerce & Industry (PHDCCI).

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Write a Comment

Jagrati Shiwani

Dear Gaurav,

Sorry to inform but the table you have prepared is extracted from very renowned source and moreover the stamp duties you have mentioned are incorrect. Hope you would correct it soon.

Thanks

20-09-2018 / 06:04:26 PM
Reply
- CS Gaurav Kumar
  
  Dear Jagrati,
  
  I appreciate your input. The same Table is there in more than 10 sites because this is something pervasive. Moreover, kindly leave details which you find incorrect so that it could be corrected. Thanks again. Best, Gaurav.
  
  20-11-2018 / 12:18:09 PM
  Reply