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Published on:
March 21, 2023
By
Harshini

GST liability on renting of building for poultry purpose

Under the GST (Goods and Services Tax) law, the renting of a building for poultry purposes is taxable. The renting of any immovable property is treated as a supply of services under GST, and GST is applicable on the rental income received by the owner.

The GST rate applicable on the renting of a building for poultry purposes is the same as the rate applicable to the renting of any other commercial property, which is 18%. However, if the owner has opted for the composition scheme, the GST rate would be 1% of the rental income received.

It is important to note that GST is applicable only on the rental income received and not on the value of the property. The owner of the property is required to register for GST if their aggregate turnover exceeds the threshold limit of Rs. 20 lakhs (Rs. 10 lakhs for special category states).

If the owner is registered under GST, they are required to charge GST on the rental income received and file periodic returns with the GST authorities. They may also claim input tax credit for any GST paid on goods or services used in the course of providing the rented property.

In summary, the renting of a building for poultry purposes is a taxable supply under GST, and the owner is required to register for GST if their aggregate turnover exceeds the threshold limit. The applicable GST rate is 18%, unless the owner has opted for the composition scheme, in which case the rate would be 1%.

Registration under GST mandatory for the owner of the building

Registration under GST (Goods and Services Tax) is mandatory for the owner of the building if their aggregate turnover from all taxable supplies made in India exceeds the threshold limit of Rs. 20 lakhs (Rs. 10 lakhs for special category states). The term "aggregate turnover" includes all taxable supplies made by the person, whether on their own account or on behalf of other persons, and it excludes taxes levied under GST.

If the owner of the building is not registered under GST, they cannot charge and collect GST on the rental income received. However, they would still be liable to pay GST on the rent received if the tenant is registered under GST and the rental amount exceeds the threshold limit for GST registration. In such cases, the tenant would be required to pay GST on the rent paid to the owner under the reverse charge mechanism.

If the owner of the building is liable to register under GST, they can apply for registration online through the GST portal. Once registered, they are required to charge and collect GST on the rental income received, and file periodic returns with the GST authorities. They may also claim input tax credit for any GST paid on goods or services used in the course of providing the rented property.

In summary, registration under GST is mandatory for the owner of the building if their aggregate turnover from all taxable supplies made in India exceeds the threshold limit. Once registered, they are required to charge and collect GST on the rental income received and comply with the GST regulations.

Compliance requirements for the owner of the building under GST

If the owner of a building is registered under GST (Goods and Services Tax), they are required to comply with the following GST compliance requirements:

1. Charge and collect GST on rental income: The owner of the building must charge and collect GST on the rental income received from the tenant.

2. File periodic GST returns: The owner must file periodic GST returns with the GST authorities. The frequency of the returns depends on the type of GST registration obtained by the owner. If the owner has registered under the regular scheme, they are required to file monthly returns, while those registered under the composition scheme are required to file quarterly returns.

3. Maintain records: The owner must maintain records of all the transactions related to the rented property, including invoices issued and received, rental receipts, and expenses incurred.

4. Reconcile and rectify errors: The owner must reconcile the data filed in the GST returns with their records and rectify any errors or discrepancies.

5. Claim input tax credit: The owner can claim input tax credit for GST paid on goods and services used in the course of providing the rented property.

6. Follow other compliance requirements: The owner must comply with other compliance requirements, such as displaying their GST registration number on invoices and ensuring that the rental income is reported correctly in their income tax returns.

Non-compliance with the above GST compliance requirements may attract penalties and interest, and may result in legal action being taken by the GST authorities. Therefore, it is important for the owner of the building to understand and comply with the GST regulations.

FAQs

Q: Is renting of a building for poultry purposes taxable under GST?

A: Yes, the renting of a building for poultry purposes is taxable under GST. The renting of any immovable property is considered a supply of services under GST, and GST is applicable on the rental income received by the owner.

Q: What is the GST rate applicable on renting of a building for poultry purposes?

A: The GST rate applicable on the renting of a building for poultry purposes is the same as the rate applicable to the renting of any other commercial property, which is 18%. However, if the owner has opted for the composition scheme, the GST rate would be 1% of the rental income received.

Q: Is GST applicable on the value of the property or only on the rental income received?

A: GST is applicable only on the rental income received by the owner of the property and not on the value of the property.

Q: Is registration under GST mandatory for the owner of the building?

A: The owner of the property is required to register for GST if their aggregate turnover exceeds the threshold limit of Rs. 20 lakhs (Rs. 10 lakhs for special category states).

Q: What are the compliance requirements for the owner of the building under GST?

A: If the owner is registered under GST, they are required to charge GST on the rental income received and file periodic returns with the GST authorities. They may also claim input tax credit for any GST paid on goods or services used in the course of providing the rented property.

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Updated on:
March 16, 2024