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Published on:
February 20, 2023
By
Prudhvi Raj

GST on Renting of Immovable Property

Goods and Services Tax (GST) is one of the major tax reforms in India that has brought in a lot of changes in the tax structure of the country. GST is a destination-based tax that is levied on the supply of goods and services. It has replaced various indirect taxes like Central Excise Duty, Service Tax, VAT, etc. with a single tax. GST is applicable to all the businesses in India, including those that deal with the renting of immovable property.

The Concept of Renting of Immovable Property

The renting of immovable property is one of the major sectors in the Indian economy. The term ‘immovable property’ refers to any land, building or part of a building, and any other immovable property that is not covered under the definition of land or building. The renting of immovable property includes leasing, letting, licensing, or other similar arrangements of the immovable property for a consideration. The renting of immovable property can be both residential and commercial, and it is subject to various taxes.

GST on Renting of Immovable Property

Under GST, the renting of immovable property has been brought under the ambit of the tax. GST is applicable to the renting of both residential and commercial properties. The GST is levied on the rent paid by the tenant to the landlord. The GST on renting of immovable property is calculated on the actual rent paid by the tenant to the landlord.

However, there are certain exemptions that are applicable to the renting of immovable property under GST. If the annual rent of the property is less than Rs. 20 lakhs, GST is not applicable. Also, if the property is rented for residential purposes, GST is not applicable. However, if the property is rented for commercial purposes, GST is applicable, regardless of the annual rent.

Rate of GST on Renting of Immovable Property

The rate of GST on renting of immovable property is 18%. The GST is calculated on the actual rent paid by the tenant to the landlord. However, if the landlord provides any other services along with the renting of the property, like maintenance, cleaning, security, etc., then the GST on these services will be levied at the rate of 18%.

Impact of GST on Renting of Immovable Property

The implementation of GST on the renting of immovable property has had a significant impact on the real estate sector in India. The GST has simplified the tax structure for the renting of immovable property by replacing various indirect taxes with a single tax. This has reduced the tax burden on the tenants and has made the renting of immovable property more affordable.

However, the implementation of GST on the renting of immovable property has also increased the compliance burden on the landlords. The landlords now need to register under GST and file regular GST returns. This has increased the administrative work for the landlords and has led to an increase in their compliance costs.

Conclusion

The implementation of GST on the renting of immovable property has brought in a lot of changes in the tax structure of the country. GST is applicable to the renting of both residential and commercial properties and is calculated on the actual rent paid by the tenant to the landlord. The rate of GST on renting of immovable property is 18%. The implementation of GST has simplified the tax structure for the renting of immovable property and has reduced the tax burden on the tenants. However, it has also increased the compliance burden on the landlords and has led to an increase in their compliance costs.

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