Co-operative societies and stamp duty evasion issue

In the last 3 - 4 years, lot of co-operative societies in Tamil Nadu has promoted and marketed many housing plot lay-outs. The chief attraction of these lay-outs are the waiver of stamp duty of 9% at the registration of these housing plots. Using this effectively, many co-operative housing societies have sold plots to investors and end-users over the last so many years.

Whats the catch here?

As per the Government regulations, the waiver of stamp-duty is available only in respect of housing plots laid out on the land owned by the Co-operative society. The Co-operative Society is supposed to follow the following process:

• Pool resources from the members
  
• Purchase a piece of land and register it in their own name
  
• Sub-divide it into housing plots and get the necessary approvals
  
• Allot the sub-divided plots to its members
  
• Register the plots in the name of its members with the stamp duty waiver
  

What went wrong in this case?

Instead of Co-operative societies buying land and sub-dividing them into housing plots, they started marketing the land owned by other individuals/promoters for a commission. They offered the prospective buyer stamp-duty exemption in respect of the plots which are only marketed by them for a commission but not owned by them. The buyer of the plot enjoys stamp-duty waiver, owner of the land is able to sell fast and the co-operative societies were making their money through commissions from the land owners.

Who is the loser here?

The state Government. The Governmnet of Tamilnadu has now woken up and stopped all registrations of plots which are just marketed by Co-operative Societies by its order dated 05 Oct. The Government estimates that the revenue loss of close 400 crores over the last 5 years or so.

What would happen now?

The Government has found out that there are atleast 20 lay-outs near Chennai, another 5 layouts in Coimbatore are currently being sold under this route. The Government may order for an audit of the past registrations and issue a stamp-duty demand notice on the current and erstwhile property owners.

What we should be careful about?

If you are currently in the look out for a plot of land promoted by a co-operative society, be careful when somebody tells you there is a stamp-duty waiver in respect of the property. Ask and clarify from the co-operative society if the stamp-duty waiver is applicable to that particular lay-out which is being promoted by them and if possible, seek documentary evidence of the same. You can also check and ensure that the land is owned by the co-operative society and the registration is done with the co-operative society as the seller.

Caveat Emptor!!