10 October 2016
My Client has purchase Office Rs.2Cr as per Agreement, has paid Stamp Duty & Regn fees &s. 10 lakhs. Can I add Stamp Duty & Reg Fees amt to Office value and claim Depreciation @ 10% on Total Value of Office i.e. Rs. 2.10 Cr
21 July 2024
No, you cannot add the stamp duty and registration fees to the cost of the office building for the purpose of claiming depreciation. Here’s why:
1. **Definition of Cost for Depreciation**: According to the Income Tax Act and the Companies Act, the cost of an asset for the purpose of depreciation generally includes the actual cost of acquisition, which is the amount paid to acquire the asset. Stamp duty and registration fees are typically considered incidental expenses related to the acquisition of the asset and are not added to the cost of the asset itself.
2. **Depreciation Calculation**: - **Income Tax Act**: Depreciation is generally allowed on the actual cost of the asset as per Section 43(1) of the Income Tax Act, which defines the actual cost as the amount paid for acquiring the asset, inclusive of any taxes and fees directly attributable to the acquisition. - **Companies Act**: Similar principles apply under the Companies Act, where depreciation is based on the cost of the asset, which includes the purchase price plus directly attributable costs.
3. **Treatment of Stamp Duty and Registration Fees**: These expenses are usually treated as part of the acquisition cost for accounting and tax purposes but are not considered as part of the base cost on which depreciation is calculated. They are separately expensed as part of the acquisition transaction.
Therefore, in your case: - You should calculate depreciation on the actual cost of the office building, which is Rs. 2 crore as per the purchase agreement. - The stamp duty and registration fees of Rs. 10 lakhs should be recorded as part of the acquisition transaction but should not be added to the cost of the office building for depreciation purposes. - Depreciation should be claimed at the applicable rate (usually 10% for office buildings under Income Tax rules) on the Rs. 2 crore actual cost of the office building.
If you have any doubts or specific circumstances regarding the treatment of these expenses, it’s advisable to consult with a tax advisor or chartered accountant who can provide guidance tailored to your client’s situation and ensure compliance with relevant tax laws and accounting standards.
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