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Published on:
February 20, 2023
By
Prudhvi Raj

GST Conundrum – GST on the real estate sector

Goods and Services Tax (GST) is a comprehensive tax levied on the supply of goods and services in India. The real estate sector in India has been grappling with the conundrum of GST since its introduction in 2017. The real estate sector is a major contributor to the Indian economy and hence has a significant impact on the overall growth of the country. The implementation of GST in the real estate sector has been a subject of debate and discussion since its inception. In this article, we will discuss the various aspects of GST on the real estate sector and how it impacts the industry.

The Evolution of GST on Real Estate Sector

In 2017, the GST Council implemented GST in India, which replaced multiple taxes like VAT, service tax, excise duty, etc. The real estate sector was also brought under the ambit of GST. Prior to GST, the real estate sector was governed by various taxes like Service Tax, VAT, and stamp duty. The implementation of GST was supposed to bring in a uniform tax structure and reduce the tax burden on the real estate sector. However, the implementation of GST in the real estate sector has been a bumpy ride.

Impact of GST on Real Estate Sector

The implementation of GST in the real estate sector has had several impacts, both positive and negative. The impact of GST on the real estate sector can be broadly classified into the following categories:

1. Impact on home buyers

Under the GST regime, home buyers are required to pay GST on under-construction properties. However, GST does not apply to ready-to-move-in properties. The GST rate on under-construction properties is 5% for regular properties and 1% for affordable housing. This has resulted in a higher cost of owning a home for home buyers.

2. Impact on developers

Under GST, developers are required to pay tax on the input goods and services used in construction projects. This has resulted in an increase in the cost of construction projects, which is ultimately passed on to the home buyers. Additionally, the availability of input tax credit has been a major issue for developers, which has resulted in an increase in the cost of construction projects.

3. Impact on real estate agents

Under GST, real estate agents are required to register under the GST regime and pay tax on their services. This has resulted in an increase in compliance costs for real estate agents, which has impacted their margins.

Issues in GST on Real Estate Sector

The implementation of GST in the real estate sector has been plagued with several issues. The following are some of the major issues in GST on the real estate sector:

1. Classification of properties

The classification of properties under GST has been a major issue for the real estate sector. Under GST, there are different tax rates for different types of properties. However, the classification of properties is not clearly defined, which has resulted in confusion and litigation.

2. Input tax credit

The availability of input tax credit has been a major issue for developers. Under GST, developers are required to pay tax on input goods and services used in construction projects. However, the input tax credit is not available for all the input goods and services. This has resulted in an increase in the cost of construction projects.

3. Compliance issues

Compliance issues have been a major issue for the real estate sector under GST. The complex registration process and regular filing of returns have resulted in an increase in compliance costs for developers and real estate agents.

Conclusion

The implementation of GST in the real estate sector has been a bumpy ride. While GST was introduced to bring in a uniform tax structure and reduce the tax burden on the real estate sector, it has resulted in several issues for the industry. The impact of GST on the real estate sector has been both positive and negative. The real estate sector is hopeful that the government will address the issues and bring in a uniform tax structure that benefits all stakeholders.

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