Tuesday 2 June 2015

NEW GUIDANCE VALUE – FAIR & UNFAIR




The Karnataka Government has published the revised guidance values of lands for registration. These new guidance values will be effective from 2nd August 2004. The government expects to earn about 300 crores of additional income from the revised guidance Values.

The department of stamps and registration is one of the top revenue earners to the state. People who expend their life savings on property wants to have legally perfect documents. They do not mind paying reasonable stamp duty and registration charges. If the Stamp duty and registration charges are less the number of registrations will increase, thus improving the revenue this can be gauged, from the revenue of the department for the year 2003-04, which frog leaped from Rs. 711.12 crores in 2002-03 to 855.98 crores in 13 sub registrar offices at Bangalore. Because the Stamp duty, which was 12.5% and registration charges which was 2% during 2002-03 were lowered to 8.96% and 1% respectively. Stamp duty and Registration charges are the fees the government charges for protecting the interest of public. It has to be reasonable. It cannot be viewed just as a source of income to the state. It should be affordable and in relation to what government does in return.

Burden of Stamp Duty:

If the charges are not affordable for a common man, he would explore other modes of operation like general power of attorney, agreement, affidavit, memorandum, understanding, share certificates, unregistered partnership deed etc. There are instances where the concessions extended to gift of the property to close relatives are misused by describing the purchaser as close relative though no way related. Though all these methods exposes the purchaser to grave risks, he adopts such measures out of necessity unable to pay the high stamp duty and registration charges, having paid a fortune to purchase the property. In fact government owes a duty to the public in making housing affordable, as it is a basic necessity after food and clothing. It is more of a social cause than an issue of revenue to the Government.

Market Value Committee:

The government has last revised the guidance value during July 2002. The rates then fixed were also subject of much discussion. The government had proposed to revise the guidelines during August 2003, and committee was appointed. The committee for the first time had non-official members represented by the various sections of real estate like Builder’s Association, apartment owners association, developers association. It is learnt that there was overlapping of areas of rural Bangalore and urban conglomeration. The revised rates recommended by the committee has considered the recession and subsequent boom in property rates, and also FAR used for apartments. In case of overlapping rural and urban areas, the median rates are prescribed.

Flats:

The revised guidance values have prescribed separate values for the apartments. There are based on nature of the land like BDA, Housing Co-operative society, Converted, CMC, Gramathana. Further each of these categories is categorized based on their nature of the flooring, Mosaic/Ceramic and marble, granite, vitrified. The previous guidance values had no separate values for flats. The undivided share of the land was valued as per the land value and the building was valued as per the specifications applicable to general buildings.

The immediate impact of revised guidance values are on stamp duty and registration charges. If the value of property is more than the guidance value, the stampduty and registration charges have to be paid on the value of the property as mentioned in the document. In case the value of the property is less than the guidance value the stamp duty and registration charges are collected as per guidance value. As the guidance values are increased the stamp duty and registration charges also have increased. We shall examine some examples. The guidance value per sft of land in HSR layout (sector 4,6) previously was Rs.300/-, which is raised to Rs. 700/- per sft. Thus the land measuring 1200 sft attracts higher duties as follows.

                                                         Guidance value              Previous                      Present

Per Sq. Ft (Residential)             Rs. 300/-                                  Rs. 700/-

Price of 1200 sft land                            Rs. 3, 60,000/-                         Rs. 8,40,000/-

Stamp duty at 9.04%                            Rs. 32,544/-                             Rs. 75,936/-


Registration Charges                             Rs. 3,600                                 Rs. 8,400/-
At 1% (excluding
cess and scanning
charges)
_________________________________________________________________
Total                                                   Rs. 36,144/-                             Rs.84,336/-
________________________________________________________________
Increase                                             Rs. 48,192/-
                                                                                                           
2. Kumbalgod

Guidance values                        Rs. 50                          Rs. 300

Price 1200 sft Land                  Rs. 60,000/-                 Rs. 3,60,000

Stamp duty at 9.04%                Rs. 5,424/-                   Rs. 32,544/-

Registration charges
at 1% (excluding cess
and scanning charges)                           Rs. 600/-                                              Rs. 3,600/-
_____________________________________________________________________
Total                                                   Rs. 6,024/-                                          Rs.36,144/-
____________________________________________________________________                                                       
Increase                                              Rs. 30,120/-
           


Car parking
The guidance value for car parking has also increased. It is Rs. 35,000/- for uncovered and Rs. 50,000/- for covered, irrespective of the area. Previously it was upto Rs. 25,000/- in city outskirts, like Bangalore South, K R Puram, Bangalore North, Kengeri, Sub Registrar office area, and it was upto a maximum of Rs. 70,000/- in city Sub registrar areas like Basavanagudi, Jayanagar, Rajajinagar, Srirampuram, Shivaji Nagar. The revised guidance values for car parking has no scientific base as the land values in city outskirts is less. Further car parking is part of super built up area, which is saleable area, for which consideration is paid, and car parking cannot be charged separate.

Fair and Unfair:

Revised guidance values are a mix of fair and unfair rates, where the high network individuals are benefited, and middle class, lower middle class, poor have to bear the burden. Take example of Brigade Road, where the guidance values are revised to Rs. 6,000/- per sft from Rs. 5,000/- per sft. Though the lands along Brigade Road have fair values, the lands at the rear side of the same road, or lands near drainage or lands, which do not have proper access or uneven land has less market value, but the stamp duty and registration charges are as per the guidance value.

The correct method would have been to consider both the highest and lowest market values and to strike fine balance between them. According to information available property adjacent to National highway are raised by 50% that of adjacent to state highways by 25%, corner sites is to be increased by 10% and apartment, which are used for commercial purpose by 20% more than residential apartments. The value of industrial sites is notified industrial areas is at par with residential sites, but in other areas is lowered to 50% of residential sites. The value of commercial sites in layout developed by BDA, BMP, and Housing Co-operative societies is increased, by 40% and by 30%, which fall in gram panchayats and City Municipal Councils.

Increase of Stamp Duty:

It is a trend in property sector, that market rates increase when guidance value is hiked. The guidance value will then increase to be at par with market value. This is vicious circle. Further, the government adopts two ways to increase the stamp duty and registration charges one is by increasing the guidance value and another is by increasing the stamp duty and registration charges. This year government has increased the guidance value, next year it may increase the stamp duty and registration charges on the pretext of being long overdue. The duties in Karnataka are already higher when compared to other states. The abnormal and non-reasonable duties will only make the people to seek other routes, and government may loose much revenue.

BMP has proposed capital based property tax, based on guidance value, and the increase in guidance value will increase the property tax. This results in increase of rents.

Experts’ Opinion:

Sri. Ramani Sastri, President KOAPA, opines that the revised guidance values are fair in general though there is certain discrepancies here and there like revised guidance value of Rs. 6,000/- per sft in Brigade Road where actually no land is available in Brigade Road. He is of the opinion that while revising the guidance value, the government should also take into consideration infrastructure available. Sri. Ramani Sastri further added that the government increases the guidance value when market value goes up, but will not reduce the same when the market rates crash.

Mr. Irshad Ahmed, Secretary Bangalore Realtors Association (India) felt that the revised guidance values will have no impact on real estate but will be a additional burden on common man.

Impact on Capital Gains:

The tax on the profit earned on transfer of capital asset that is immovable property has to be paid by the seller. If the value of the property disclosed in the transfer document is higher than the guidance value, the tax is payable on the basis of value disclosed in the document. In case the value disclosed in the document is less than the guidance value, the value of the property will be deemed as that of guidance value and attracts tax accordingly. In some of the cases the market value of the property is less than the guidance value, and the seller incurs loss, the guidance value will have the priority and attracts capital gains tax, and the seller has to pay the tax.

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