Stamp duty is a tax that is levied on certain types of documents, such as agreements, deeds, and instruments, in order to make them legally enforceable. The rate and applicability of stamp duty vary from state to state in India.
With regard to the conversion of a company, stamp duty may be levied on the relevant documents, such as the memorandum of association and articles of association, depending on the state in which the company is registered. However, some states in India have provided exemptions or concessions in stamp duty for the conversion of a company from one form to another.
For example, in Maharashtra, stamp duty is exempted for the conversion of a private company into a limited liability partnership (LLP) or a one-person company (OPC) or a small company, subject to certain conditions. Similarly, in Karnataka, stamp duty is exempted for the conversion of a private company into an LLP.
It is important to note that the exemption or concession of stamp duty may vary from state to state and is subject to change from time to time. Therefore, it is advisable to consult with a legal professional or a chartered accountant to understand the applicable stamp duty laws and regulations in the relevant state before proceeding with the conversion of a company.
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Whether the concept of Alternate Director also applicable in case of Foreign Director as he is already residing outside India ?
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In case of appointment of Alternate Director, whether the Master Data of the Company reflects the Original Director too ?
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In what circumstances, special notice is required for the appointment of person other than the retiring auditor ?
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What is the offer period of private placement offer cum application letter in case shares are issued on private placement basis ?
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Is it possible to file the Unaudited Financial Statements of a Company, if yes, whether there is any option to file the Audited Financial Statements after filing of Unaudited Financials ?
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If an individual does not hold majority stake in the member company of the reporting company, whether filing of BEN-2 is applicable or not?
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Are there any restrictions or limitations on the number of foreign directors in an Indian Company ?
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Whether, any assets or liabilities for Indian party (i.e. domestic assets and liabilities) are to be included in the FLA return?
Hi Juhee
Since Stamp Duty is the subject reserved for the States, the LLP Act does not contain any provision for treatment of stamp duty issues. The stamp duty payable will depend upon the relevant Stamp Act prescribed by the State Government/Union Territory.