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12 Sept 2024
Real Estate and Capital Gains
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Real Estate and Capital Gains: Key Highlights from the Indian Union Budget
In the latest Union Budget, the Government of India has unveiled significant changes impacting the real estate sector, particularly concerning capital gains taxation. These reforms, announced by the Honourable Finance Minister, are set to influence investors, property buyers, and sellers, as well as businesses operating in the commercial real estate market. At Access Realty Solutions Private Limited, we aim to provide our clients with clarity on these updates, ensuring that they are well-positioned to navigate the evolving landscape of real estate investment.
Key Takeaways on Capital Gains and Real Estate
The Indian real estate sector continues to play a pivotal role in the country’s economic growth. In the Union Budget, the Finance Minister emphasized the need to streamline capital gains taxation to promote investment while preventing speculative transactions. Capital gains tax applies to profits earned from the sale of property, and the new rules aim to create a balanced framework that supports both residential and commercial real estate transactions.
1. Revised Capital Gains Exemption Limits:
The Budget has proposed changes to Section 54 and Section 54F, which govern exemptions on long-term capital gains (LTCG) earned through the sale of residential and other types of property. The Finance Minister has placed a cap on the maximum deduction that can be claimed on reinvestment of gains into residential properties. This move is designed to curb excessive claims while maintaining incentives for genuine investments.
2. Capital Gains Tax on Commercial Properties:
For businesses, the changes also extend to commercial real estate, including offices, warehouses, industrial land, and other commercial assets. The focus on transparency and genuine investment in properties for business growth aligns with the Government’s broader objective of fostering a healthy economic environment. With the cap on exemptions, businesses will need to be more strategic when reinvesting in properties, especially in prime areas such as Okhla Industrial Area, Mohan Cooperative Industrial Estate, and Noida.
3. Indexation Benefits:
The Budget continues to retain indexation benefits for long-term capital gains on real estate, offering relief to investors by adjusting the cost of acquisition based on inflation. This means that property owners will still enjoy reductions in their taxable capital gains over the years, making long-term investment in real estate attractive.
4. Changes in Taxation on Joint Development Agreements (JDAs):
The Budget also proposed reforms to taxation on Joint Development Agreements (JDAs), which are prevalent in the real estate sector. These agreements, often involving commercial and industrial properties, will now be subject to taxation based on specific timelines and criteria. This is intended to streamline the tax liability and create more transparency in development projects.
Impact on Commercial Real Estate
At Access Realty Solutions Private Limited, we believe that the updates in the Union Budget hold strategic importance for investors in the commercial real estate sector. With caps on capital gains exemptions, businesses looking to buy or lease properties, such as factories, warehouses, offices, and retail spaces, need to take a more calculated approach to their investments. The changes encourage long-term commitments and discourage speculative trading in high-demand areas like Jasola District Center and Faridabad.
Serving India’s Key Industrial Hubs:
As a leader in the commercial and industrial real estate sector, Access Realty Solutions Private Limited continues to offer expertise in securing properties in prominent industrial hubs across Delhi-NCR, including Okhla, Mohan Cooperative, Noida, and Faridabad. We work closely with businesses to understand how these capital gains tax updates will impact their real estate decisions, ensuring that they maximize value while complying with the latest tax provisions.
Moving Forward
The real estate reforms in the Union Budget reflect the Government's efforts to create a balanced and transparent investment climate. For businesses, the path forward is clear: focus on long-term, sustainable investments that support business growth and contribute to the nation’s economy. Access Realty Solutions Private Limited remains dedicated to helping businesses navigate these changes and continue investing in properties that fuel India’s economic future.
For more information on how these updates affect your real estate decisions, reach out to Access Realty Solutions Private Limited for expert guidance and personalized solutions. Together, we can build a brighter future for businesses and the nation.
Note: Before using this information, one should re-verified from the Govt Union Budget or qulified expert about the Tax rules in India.
9 Sept 2024
Property Document Registration Process:
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Understanding the Property Document Registration Process: A Comprehensive Guide by Access Realty Solutions Private Limited
Navigating the property document registration process is crucial for ensuring that property transactions are legally recognized and disputes are minimized. At Access Realty Solutions Private Limited, we provide detailed information to help you understand the process, required documents, fees, and obligations involved. This guide includes specific requirements for registration in Delhi.
What is Property Document Registration?
Property document registration involves officially recording the transfer of property ownership with government authorities. This step is vital for validating ownership and preventing legal disputes over property rights.
Steps in the Property Document Registration Process
1. Preparation of Documents
Different types of documents require specific information for registration:
Sale Deed: Transfers ownership from the seller to the buyer and is essential for recording the transaction.
Lease Agreement: Details the terms between the property owner and the tenant.
Relinquishment Deed: Used when a co-owner relinquishes their share of the property.
Will: Specifies the distribution of property upon the individual's death.
General Power of Attorney: Authorizes someone to act on another's behalf in property-related matters.
Agreement to Sell: Preliminary document outlining the intent to sell the property.
Family Settlement: Resolves disputes and divides property among family members.
Gift Deed: Transfers property as a gift from one person to another.
Additional requirements include:
Aadhar Card: Mandatory for both the seller and purchaser in Delhi. Driving licenses alone are not accepted as ID.
Identity Proof: Government-issued IDs, with Aadhar being the primary requirement.
Address Proof: Utility bills (electricity, water) or a rent agreement to verify the address.
Property Documents: Original title deeds and previous sale deeds.
PAN Card: Required from both the buyer and seller for tax purposes.
Photographs: Passport-sized photographs of all parties involved.
Witnesses: Two witnesses are required, each with their original ID.
2. Payment of Stamp Duty
Stamp Duty: A tax levied by the government on the property transaction, varying based on property value and location. as per ciecle rate categery applocable ( for example locality G categery 46200 per Sq.Meter is land rate plus 8040 per sq.mtr applicable on builtup area and further one should choose use categery and if the property is industrial then the ciercle rate for the land is 92400 per sq.mtr and like wise for commercial its 138600 per sq. mtr)
Registration Fee: @ 1% (at the rate) of sale value, or minimum Rs. 39000/- approx if the property's value is less, is charged for document registration.
The amount of Stamp Duty exempt for the Female purchager i.e. 2% two percent.
3. Submission of Documents
Take a online appointment through registaion portal and as per appointment time.
Visit the Local Sub-Registrar Office: Present all prepared documents.
Submit Documents: document with original e-stamp certificate and registration fees.
4. Verification and Registration
Verification: The sub-registrar will verify all submitted documents.
Submit the Document for verification.
Registration: Once verified, the document is officially registered, and a receipt is issued.
5. Obtaining the Registered Document
Collect Registered Document: Retrieve the registered document from the sub-registrar’s office, confirming legal ownership of the property.
Important Obligations and Considerations
Accuracy: Ensure all documents are complete and accurate to avoid delays or rejections.
Timeliness: Complete the registration process within the prescribed time frame to avoid penalties.
Legal Consultation: Consult with a legal professional to ensure all aspects of the transaction are handled correctly.
Fees and Charges
Stamp Duty: Calculated as a percentage of the property’s market value, based on state regulations.
Registration Fee: Typically ranges from 1% of the property's value, depending on local regulations.
Helpful Resources
For more detailed information, visit the official portal of the National Generic Document Registration System (NGDRS) at NGDRS Delhi, which provides valuable resources to facilitate the registration process.
Disclaimer
At Access Realty Solutions Private Limited, we aim to provide accurate and comprehensive information to assist you with the property registration process. The details in this article are for general guidance. For specific and updated information relevant to your situation, please consult a legal professional or visit the official Registion webste. We are here to ensure your property transactions are smooth and legally compliant.
For personalized support throughout your property journey, feel free to contact us.
At Access Realty Solutions Private Limited. We are committed to making your experience as seamless and satisfactory as possible!
12 Jun 2024
Setting Up Household and Service Industries
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Setting up a household or service industry involves navigating various regulatory and operational parameters to ensure compliance with local laws and regulations. For those interested in establishing such units, particularly within Delhi, Access Realty Solutions Private Limited provides a comprehensive overview based on the latest guidelines from the Delhi Government’s Master Plan 2021.
Key Parameters for Setting Up Household and Service Industries:
Registration and Licensing Requirements:Registration with the Department of Industries: Every household industry must be registered with the Department of Industries, Government of NCT of Delhi. This registration process involves submitting an application along with relevant documents to obtain a license.
Trade License: A trade license is necessary for operating any business within a local jurisdiction. Ensure that you apply for this license from the local municipal authority.
Location and Zoning Compliance:Zoning Regulations: Household industries must adhere to zoning regulations outlined in the Master Plan. Ensure that the location of your business complies with the designated zones for such activities.
Residential and Commercial Boundaries: If operating from a residential area, ensure that the industry does not disrupt the residential nature of the locality and operates within permissible limits.
Environmental and Safety Standards:Pollution Control: Household industries must adhere to environmental regulations, including measures to control air and water pollution. Ensure that the industry does not emit harmful pollutants.
Safety Protocols: Implement safety measures to protect employees and local residents. This includes maintaining proper ventilation, fire safety protocols, and emergency procedures.
Infrastructure and Facility Requirements:Building and Infrastructure: The premises must meet the infrastructural requirements specified for industrial activities. This includes adequate space, proper lighting, and ventilation.
Waste Management: Efficient waste management systems should be in place to handle and dispose of any waste generated during the operation of the industry.
Operational Limits and Guidelines:Production Capacity: Household industries are generally limited to specific production capacities. Ensure that your operations fall within these limits to avoid classification as a larger industrial unit.
Working Hours: Adhere to guidelines regarding working hours to avoid disturbances to the surrounding residential area.
Compliance with Labor Laws:Employee Welfare: Ensure compliance with labor laws related to worker safety, wages, and working conditions. Provide necessary amenities and ensure fair practices in the workplace.
Disclaimer:The information provided in this article is based on the guidelines outlined in the Delhi Government’s Master Plan 2021. Access Realty Solutions Private Limited is committed to providing accurate and up-to-date information; however, it is recommended to consult with relevant local authorities or legal experts for comprehensive and personalized advice tailored to your specific circumstances.
For more information and detailed guidance, please visit the Delhi Government's website.
24 Aug 2023
MCD Mutation - Informative Update: -Change of Name of Taxpayer
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At Access Realty Solutions Private Limited, we prioritize providing our clients with essential information to facilitate smooth transactions in the realm of commercial real estate. In line with our mission to offer transparent and efficient property solutions, today we are focusing on the e-Change of Name of Taxpayer—a process crucial for property owners who need to update their name in the Municipal Corporation of Delhi (MCD) records.
What is the e-Change of Name of Taxpayer?
The e-Change of Name of Taxpayer is a service offered by the Municipal Corporation of Delhi (MCD) that allows property owners to change or update the name registered in their property tax records. This is commonly required in cases such as inheritance, sale, or purchase of property, marriage, or legal name changes. Properly updating these details ensures that property tax records reflect the correct ownership information, which is essential for legal and taxation purposes.
Key Steps in the e-Change of Name Process
Application Submission: Property owners need to visit the official MCD portal at https://mcdonline dot nic dot in to initiate the process. After logging in, you can apply for the name change under the 'eMutation' section.
Documentation: You will need to submit specific documents as proof of the name change. These may include:Sale deed or inheritance papers
Legal name change documents (e.g., marriage certificate, affidavit, or court order)
ID proof (e.g., Aadhaar card, passport)
NOC from the housing society (if applicable)
Verification: After submitting the application and required documents, the MCD will verify the information. If the documentation is complete and valid, the change will be processed within a stipulated time frame.
Approval and Confirmation: Once the application is approved, the name change will be updated in the MCD’s records, and you will receive a confirmation, along with the revised property tax details.
Benefits of e-Change of Name of Taxpayer
Legal Compliance: Keeping property records updated with the correct taxpayer’s name ensures compliance with municipal laws, especially when it comes to paying property taxes or resolving any disputes.
Hassle-Free Transactions: Having accurate ownership details is vital for smooth transactions, whether you're selling, leasing, or managing the property.
Online Convenience: The entire process can be completed online, minimizing the need for in-person visits and making it easier for property owners to handle these formalities from the comfort of their home or office.
Why Keep Your Property Tax Records Updated?
Updating the taxpayer's name is not only a legal obligation but also essential for hassle-free property management. Any discrepancies in the property tax records can lead to complications in future transactions or when dealing with authorities.
At Access Realty Solutions, we understand the complexities that come with commercial real estate management. Keeping your property tax records up to date with the right taxpayer name ensures smoother dealings with clients, vendors, and government agencies. For any assistance or guidance, feel free to connect with our team of experts.
Stay informed and stay compliant. For more information on the e-Change of Name process, you can visit the official MCD eMutation Portal.
Access Realty Solutions Pvt. Ltd.
Your partner in ethical, transparent, and efficient property solutions.
Disclaimer: The information provided in this article is for general informational purposes only. Access Realty Solutions Private Limited does not make any warranties about the completeness, reliability, or accuracy of the information. We encourage readers to refer to the official Municipal Corporation of Delhi (MCD) portal or consult with legal professionals for specific guidance related to the e-Change of Name of Taxpayer process. Access Realty Solutions Private Limited is not responsible for any errors or omissions, or for the results obtained from the use of this information.
9 Jun 2023
Startups Guide
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Understanding Government Registration and Licensing for Startups: A Comprehensive Guide
Access Realty Solutions Private Limited is committed to supporting entrepreneurs and startups in navigating the complexities of establishing a new business. As part of our dedication to fostering a thriving entrepreneurial ecosystem, we present a detailed guide on government registration, licenses, fees, and obligations that every startup should be aware of before launching their venture.
1. Government Registration for Startups
Before embarking on your entrepreneurial journey, it's essential to complete the necessary government registration processes. Here’s a step-by-step overview:
Company Registration: Register your startup as a legal entity by choosing the appropriate business structure (e.g., Private Limited Company, Limited Liability Partnership, etc.). This process involves filing with the Ministry of Corporate Affairs (MCA) and obtaining a Certificate of Incorporation.
Startup Recognition: To avail of benefits under the Startup India Scheme, your business must be recognized as a startup. You can apply for recognition through the Startup India portal by submitting a simple application. This recognition offers various benefits including tax exemptions and easier compliance norms.
2. Licenses and Permits
Depending on your industry and location, several licenses and permits may be required:
Trade License: Issued by local municipal authorities, this license is mandatory for operating any business.
Goods and Services Tax (GST) Registration: If your annual turnover exceeds the prescribed threshold limit, GST registration is mandatory. It allows you to collect tax on behalf of the government and claim input tax credits.
Industry-Specific Licenses: Certain sectors, such as food and beverages, healthcare, and education, require specific licenses. For example, a restaurant would need a food license from the Food Safety and Standards Authority of India (FSSAI).
3. Fees and Charges
Understanding the financial aspects of registration and licensing is crucial:
Registration Fees: Vary based on the type of business entity and the jurisdiction. For instance, company registration fees differ from those required for LLPs or partnerships.
License Fees: Fees for obtaining various licenses and permits vary by industry and location. Ensure to budget for these expenses early in your planning process.
4. Obligations and Compliance
Compliance with legal obligations is key to maintaining a good standing:
Annual Filings: Regularly file annual returns and financial statements with the Registrar of Companies (ROC). Non-compliance can lead to penalties.
Tax Filings: Ensure timely filing of tax returns, including GST returns if applicable. Keeping accurate financial records is essential for smooth operations.
Labor Laws: Adhere to labor laws concerning employee rights, wages, and working conditions. This includes registration with the Employees’ Provident Fund Organisation (EPFO) if applicable.
5. Additional Resources and Support
For more detailed information and assistance, refer to the Startup India Scheme. This resource provides valuable insights and support for entrepreneurs, including details on financial assistance, mentorship, and networking opportunities.
Disclaimer: The information provided in this article is intended to offer general guidance and may not cover all specific requirements for every startup. It is recommended to consult with a legal or business advisor to ensure full compliance with all relevant laws and regulations. Access Realty Solutions Private Limited aims to assist new entrepreneurs with accurate and comprehensive information, but please verify all details and consult professionals to tailor advice to your unique business needs.
25 Sept 2014
Circle Rates Revision in Delhi: Detailed Breakdown for Real Estate Valuations
By
Uday Pundhir
The Government of National Capital Territory of Delhi has issued a notification revising the circle rates—minimum rates for land and property valuation—across Delhi. These revised rates, effective from September 23, 2014, directly impact the calculation of stamp duty and registration fees for property transactions. As per the Indian Stamp Act, 1899 and the Registration Act, 1908, these new rates are crucial for ensuring transparency in real estate dealings.
This revision applies to all types of properties, including residential, commercial, industrial, and other uses. Below is a detailed breakdown of the new circle rates, cost of construction, age factors, and guidelines for built-up flats.
Revised Circle Rates for Residential Properties
The minimum rates for valuation of land for residential use vary by the locality category. These categories range from A to H, reflecting the economic value and infrastructure quality of different regions within Delhi. The circle rates are as follows:
Category A: Rs. 7,74,000 per square meter
Category B: Rs. 2,45,520 per square meter
Category C: Rs. 1,59,840 per square meter
Category D: Rs. 1,27,680 per square meter
Category E: Rs. 70,080 per square meter
Category F: Rs. 56,640 per square meter
Category G: Rs. 46,200 per square meter
Category H: Rs. 23,280 per square meter
These rates serve as the base for calculating stamp duty for residential property transactions.
Circle Rates for Commercial, Industrial, and Public Utility Properties
Different multiplying factors are applied to the residential circle rates to derive the value of land used for other purposes. The following factors are applied:
Commercial Use: Multiplying factor of 3
Industrial Use: Multiplying factor of 2
Public Utility (e.g., private schools, hospitals): Multiplying factor of 2
Construction Cost Valuation
The base unit rates for construction are defined separately for residential and commercial buildings, depending on the locality. The rates are as follows:
Minimum Rates of Construction (Rs. per sq. mtr.)
Category A:Residential: Rs. 21,960
Commercial: Rs. 25,200
Category B:Residential: Rs. 17,400
Commercial: Rs. 19,920
Category C:Residential: Rs. 13,920
Commercial: Rs. 15,960
Category D:Residential: Rs. 11,160
Commercial: Rs. 12,840
Category E:Residential: Rs. 9,360
Commercial: Rs. 10,800
Category F:Residential: Rs. 8,220
Commercial: Rs. 9,480
Category G:Residential: Rs. 6,960
Commercial: Rs. 8,040
Category H:Residential: Rs. 3,480
Commercial: Rs. 3,950
Age Factor Adjustment for Structures
To account for the age of a building, the following multiplying factors are applied to the minimum cost of construction:
Prior to 1960: Factor of 0.5
1960-1969: Factor of 0.6
1970-1979: Factor of 0.7
1980-1989: Factor of 0.8
1990-1999: Factor of 0.9
2000 Onwards: Factor of 1.0
For structures in G and H category localities, the type of construction also influences the value:
Pucca (permanent): Factor of 1.0
Semi-Pucca: Factor of 0.75
Katcha (temporary): Factor of 0.5
Valuation of Built-up Flats
For flats up to four storeys, the following rates apply depending on the plinth area:
Up to 30 sq. m.:Residential: Rs. 50,400
Commercial: Rs. 57,840
Multiplying factor for private colonies: 1.10
Above 30 and up to 50 sq. m.:Residential: Rs. 54,480
Commercial: Rs. 62,520
Multiplying factor for private colonies: 1.15
Above 50 and up to 100 sq. m.:Residential: Rs. 66,240
Commercial: Rs. 75,960
Multiplying factor for private colonies: 1.20
Above 100 sq. m.:Residential: Rs. 76,200
Commercial: Rs. 87,360
Multiplying factor for private colonies: 1.25
For flats with more than four storeys:
Residential: Rs. 87,840 per square meter
Commercial: Rs. 1,00,800 per square meter
Multiplying factor for private builders: 1.25
Conclusion
The revised circle rates and construction costs provide a clear framework for property valuations in Delhi. Property buyers and sellers need to be aware of these updates to ensure proper compliance during transactions, especially for calculating stamp duty and registration fees.
At Access Realty Solutions Private Limited, we are committed to helping you navigate these updated regulations with transparency and efficiency. Our experts can assist you in understanding the impact of these new circle rates on your property transactions.
For any queries or assistance, feel free to contact us at Access Realty Solutions. We’re here to ensure your real estate dealings are aligned with the latest legal standards, safeguarding your investments.
Disclaimer: The information provided in this article regarding circle rates is for general informational purposes only. Access Realty Solutions Private Limited does not guarantee the accuracy, completeness, or reliability of the information. For precise details and official updates on circle rates, we recommend consulting the appropriate government authorities or legal professionals. Access Realty Solutions Private Limited is not responsible for any errors, omissions, or outcomes arising from the use of this information.