THE LAND (DUTIES & TAXES) ACT - TAX ON TRANSFER OF LEASEHOLD RIGHTS IN STATE LAND

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Post Graduate REVENUES AND TAXATION LAWS Mindmap am THE LAND (DUTIES & TAXES) ACT - TAX ON TRANSFER OF LEASEHOLD RIGHTS IN STATE LAND, erstellt von Darshan Roopun am 09/09/2013.
Darshan Roopun
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Darshan Roopun
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THE LAND (DUTIES & TAXES) ACT - TAX ON TRANSFER OF LEASEHOLD RIGHTS IN STATE LAND
  1. S. 26A - Tax on transfer of leasehold rights in State land
    1. There shall be levied, on the registration of a deed of transfer or a deed witnessing the transfer of leasehold rights in State land
      1. of leasehold rights in State land
        1. of shares in a civil society or association which reckons among its assets any leasehold rights in State land
          1. of shares in a partnership which reckons among its assets any leasehold rights in State land
            1. of shares in a company which reckons among its assets any leasehold rights in State land
              1. shares in a company or issue of shares by a company or transfer of part sociale in a société which gives right of ownership, occupation or usage of an immovable property or any part thereof
                1. includes any issue of new shares to any person or conversion of debentures into shares by a company which results in a change of control of that company.
                2. a tax on the open market value of the leasehold rights at the rate specified in the Seventh Schedule
                3. shall be paid by the transferor and the transferee in equal proportion
                  1. the tax shall be payable in such proportion as the number of shares transferred bears to the total number of shares issued by the company or to the total number of shares in the civil society, partnership or association, as the case may be.
                    1. no tax under this section shall be paid on the registration of a deed of transfer or a deed witnessing the transfer of leasehold rights in State land where
                      1. the application to the Ministry of Housing and Land Development for the transfer was made before 9 June 1997
                        1. a transfer of shares in a company referred to in subsection (1) (b) or (c) takes place and no duty under the Registration Duty Act is leviable on the transfer by virtue of the exceptions specified in item 8 of paragraph J of Part I of the First Schedule to the Registration Duty Act.
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