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Published on:
March 21, 2023
By
Harshini

Frequently Asked Questions on GST on renting of Residential Property

GST on renting of Residential Property

GST or Goods and Services Tax is a consumption tax that is levied on the supply of goods and services in India. When it comes to renting of residential property, GST is not applicable on the rent received. This is because the renting of residential property is exempted from GST as per the GST laws.

However, if a landlord rents out a commercial property, then GST is applicable on the rent received. The GST rate for renting of commercial property is 18%. Similarly, GST is also applicable on maintenance charges for commercial property at the rate of 18%.

It is important to note that if a tenant is a registered GST dealer, they will be required to pay GST on the rent amount under the reverse charge mechanism, even if the property is a residential one. However, the landlord does not need to charge GST on the rent amount.

In summary, renting of residential property is exempted from GST, while renting of commercial property is subject to GST at the rate of 18%. Maintenance charges for commercial property are also subject to GST at the rate of 18%.

Sure, here are some frequently asked questions on GST on renting of residential property:

1. Is GST applicable on rent received from residential property?

No, GST is not applicable on rent received from residential property. Renting of residential property is exempted from GST.

2. Is GST applicable on rent received from commercial property?

Yes, GST is applicable on rent received from commercial property. Renting of commercial property is subject to GST.

3. Is GST applicable on maintenance charges for residential property?

No, GST is not applicable on maintenance charges for residential property. Maintenance charges for residential property are exempted from GST.

4. Is GST applicable on maintenance charges for commercial property?

Yes, GST is applicable on maintenance charges for commercial property. Maintenance charges for commercial property are subject to GST.

5. Can landlords claim input tax credit on GST paid on maintenance charges for commercial property?

Yes, landlords can claim input tax credit on GST paid on maintenance charges for commercial property.

6. Is GST applicable on security deposit received from tenants?

No, GST is not applicable on security deposit received from tenants. Security deposit is not considered as rent and hence is not subject to GST.

7. Is GST applicable on late payment charges for rent?

Late payment charges for rent are also not subject to GST as they are not considered as rent.

8. Is GST applicable on rent received from a tenant who is a registered GST dealer?

Yes, GST is applicable on rent received from a tenant who is a registered GST dealer. The tenant will be required to pay GST on the rent amount under the reverse charge mechanism.

9. Is GST applicable on renting out a part of a residential property?

If a part of a residential property is rented out for commercial purposes, then GST is applicable on the rent received for that part of the property. However, if the part of the property is rented out for residential purposes, then GST is not applicable.

10. Is GST applicable on the lease of a residential property?

If a residential property is leased for commercial purposes, then GST is applicable on the lease amount. However, if the residential property is leased for residential purposes, then GST is not applicable.

11. What is the GST rate for renting of commercial property?

The GST rate for renting of commercial property is 18%.

12. What is the GST rate for maintenance charges for commercial property?

The GST rate for maintenance charges for commercial property is 18%.

13. Is GST applicable on the transfer of ownership of a residential property?

No, GST is not applicable on the transfer of ownership of a residential property. However, stamp duty and registration fees may be applicable.

14. Is GST applicable on the transfer of ownership of a commercial property?

No, GST is not applicable on the transfer of ownership of a commercial property. However, stamp duty and registration fees may be applicable.

15. Can a landlord opt to pay GST voluntarily on the rent received from a residential property?

No, a landlord cannot opt to pay GST voluntarily on the rent received from a residential property as it is exempted from GST.

Again, please note that the answers provided above are based on the current GST laws and regulations in India, and may be subject to change in the future. It is always advisable to consult a qualified tax professional for specific guidance on your situation.

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Updated on:
March 16, 2024