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Published on:
March 21, 2023
By
Harshini

GST on rent of the residential and commercial property

The Goods and Services Tax (GST) is a consumption-based tax that is levied on the supply of goods and services in India. With respect to the rent of residential and commercial properties, the GST is applicable as follows:

Residential Property: The renting of residential properties is exempt from GST. This means that no GST is payable on the rent received for residential properties, whether they are furnished or unfurnished.

Commercial Property: The renting of commercial properties is subject to GST. The GST applicable on the rent of commercial properties is 18%, with input tax credit available to the person paying the rent. The GST is applicable on the entire amount of the rent received, including any additional charges such as maintenance fees, parking fees, or security deposits.

It is important to note that the GST is applicable only if the annual rent received for the commercial property exceeds Rs. 20 lakhs. If the annual rent is below this threshold, the landlord is not required to register for GST or collect and pay the tax.

In case of co-owned property, where the owners are not married, each owner would have to register for GST separately if their share of the annual rent is more than Rs. 20 lakhs. If the owners are married, they can register for GST jointly.

Overall, the GST on the rent of residential and commercial properties is subject to certain exemptions and thresholds, and it is important for landlords and tenants to understand the applicable rules and comply with the provisions of the GST Act.

GST on renting of commercial property

The renting of commercial properties is subject to Goods and Services Tax (GST) in India. The GST applicable on the rent of commercial properties is 18%, with input tax credit available to the person paying the rent. The GST is applicable on the entire amount of the rent received, including any additional charges such as maintenance fees, parking fees, or security deposits.

It is important to note that the GST is applicable only if the annual rent received for the commercial property exceeds Rs. 20 lakhs. If the annual rent is below this threshold, the landlord is not required to register for GST or collect and pay the tax.

The GST is payable by the person who is renting the commercial property, i.e., the tenant. The landlord is required to register for GST and issue a tax invoice for the rent collected, including the GST amount. The tenant is required to pay the rent and the applicable GST to the landlord, and claim input tax credit on the GST paid while filing their GST returns.

In case of co-owned property, where the owners are not married, each owner would have to register for GST separately if their share of the annual rent is more than Rs. 20 lakhs. If the owners are married, they can register for GST jointly.

Overall, the GST on renting of commercial property is subject to certain exemptions and thresholds, and it is important for landlords and tenants to understand the applicable rules and comply with the provisions of the GST Act.

Gist of GST applicability on renting of residential and commercial property

The Goods and Services Tax (GST) is a consumption-based tax that is levied on the supply of goods and services in India. With respect to the rent of residential and commercial properties, the GST is applicable as follows:

Residential Property: The renting of residential properties is exempt from GST. This means that no GST is payable on the rent received for residential properties, whether they are furnished or unfurnished.

Commercial Property: The renting of commercial properties is subject to GST. The GST applicable on the rent of commercial properties is 18%, with input tax credit available to the person paying the rent. The GST is applicable on the entire amount of the rent received, including any additional charges such as maintenance fees, parking fees, or security deposits.

It is important to note that the GST is applicable only if the annual rent received for the commercial property exceeds Rs. 20 lakhs. If the annual rent is below this threshold, the landlord is not required to register for GST or collect and pay the tax.

The GST is payable by the person who is renting the commercial property, i.e., the tenant. The landlord is required to register for GST and issue a tax invoice for the rent collected, including the GST amount. The tenant is required to pay the rent and the applicable GST to the landlord, and claim input tax credit on the GST paid while filing their GST returns.

Conclusion

Overall, the GST on renting of residential and commercial property is subject to certain exemptions and thresholds, and it is important for landlords and tenants to understand the applicable rules and comply with the provisions of the GST Act.

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Updated on:
March 16, 2024