What is Change in GST on Renting of Residential Property?



Quick Summary
As of 18th July 2022, new GST regulations have come into effect for renting residential properties. Previously exempt, GST now applies under specific conditions, particularly when the recipient of the service is a GST-registered entity. The tax rate is 18%, payable by the recipient under the Reverse Charge Mechanism (RCM).

Arjuna (Fictional Character): Krishna, What is the new change regarding GST on renting of residential property?

Krishna (Fictional Character): Arjuna, the changes relating to GST rate, in pursuance of recommendations are coming into effect from the 18th of July 2022, CBIC has issued notification no. 5/2022 regarding Reverse Charge on renting of residential dwelling for use as residence to a registered person. Let's analyse it.

Arjuna (Fictional Character): Krishna, What was the applicability of GST on renting of residential dwelling before and after issuance of this notification?

Krishna (Fictional Character): Arjuna, till 18th July, 2022, Renting of residential dwelling for use as residence either to a registered person or to a unregistered person was exempt from GST.

GST on Renting Residential Property: New Rules Explained

And after issuance of this notification, GST will be applicable as follows:

Supplier of Service

Recipient of Service

Applicability of GST

Unregistered Person

Registered Person

The recipient will be liable to pay GST under RCM basis

Registered Person

Registered Person

The recipient will be liable to pay GST under RCM basis

Unregistered Person

Unregistered Person

GST is exempted

Registered Person

Unregistered Person

GST is exempted

Arjuna (Fictional Character): Krishna, What are the scenarios where reverse charge will be applicable on renting of residential dwelling?

Krishna (Fictional Character): Arjuna, As per the notification, the GST shall be paid @18% by the recipient of renting of residential dwelling, if the recipient of such service is registered under GST.

 

Following are some of the scenarios for better understanding:

  1. If company who is registered under GST has taken a flat on rent for its employee for residency purpose whether from a registered person or from a unregistered person, the company will be liable to pay GST under reverse charge.
  2. If the employee who is not registered under GST himself has taken a flat on rent for residency purpose whether from a registered person or from a unregistered person will be exempted from GST as the employee is not registered.
  3. If a proprietor who is GST registered, has taken flat for his residence on rent, GST may not be payable on it under RCM as it is not for business purpose. Such issues need to be clarified by CBIC.

Arjuna (Fictional Character): Krishna, Whether ITC can be claimed?

Krishna (Fictional Character): Arjuna, ITC of RCM is available to the registered person as it is for furtherance of business in case of company who pay RCM on rent of residential property for employee, etc. if it is a part of obligation or contract on employer.

Arjuna (Fictional Character): Krishna, what should one learn from this?

 

Krishna (Fictional Character): Arjuna, Tenants who are registered under GST will now have to pay 18 per cent tax on rent for residency purpose. Also, Companies, trusts, institutions, etc who are registered under GST and have taken flats on rent for their employees and directors, have to pay GST on rent on reverse charge basis.

FAQ :

The new rules regarding GST on renting residential property came into effect from the 18th of July 2022.

If the recipient of the rented residential property is registered under GST, they are liable to pay GST under the Reverse Charge Mechanism (RCM) at a rate of 18%.

GST is generally exempted if the recipient is an unregistered person, regardless of whether the supplier is registered or unregistered.

The GST rate applicable under the new rules, when payable by the recipient, is 18%.

Yes, Input Tax Credit (ITC) of the GST paid under RCM is available to a registered person if the rental is for the furtherance of business and is part of an employer's obligation or contract.

If a GST-registered proprietor rents a flat for their personal residence, GST may not be payable under RCM as it's not for business purposes. This specific scenario requires further clarification from CBIC.


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