Nri res flat in india lease to pvt co for guesthouse

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nitin_agarwalla (Querist)
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09 September 2018 I own a residential flat in Guwahati jointly with my wife. We are both living in UAE since the last 8 years. This flat was booked by me in 2013 and I got possession in 2018. I now plan to furnish and lease out this flat to a pvt ltd company for use by them as a guest house. The rent is Rs. 30000 per month. The maintenance charge from the building society is Rs. 5000 per month.My queries in respect of GST are as follows:

1. Is this lease of furnished flat to the company taxable under GST?
2. The flat is under joint ownership. Is the registration required separately for the joint owners?
3. Will we be treated as Non resident taxable persons for this supply? We do not have any other establishment/ business in India except this flat.
4. What is the registration threshold for us - Rs. 0? Rs. 10 Lacs (Assam) or Rs. 20 Lacs
5. How much GST will be chargeable on the rent and maintenance charge?
6. We have paid VAT, Service Tax and GST to the builder between 2013-2018. Can we get a credit of all the taxes paid although we were not registered at that point in time?
7. What are the conditions for availing input tax credit?
8. What is the return filing periodicity?

CA Anita Bhadra

CA Anita Bhadra (Expert)
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09 September 2018 Though , leasing residential property to company is taxable @ 18% and place of supply for immovable property is the
place where the property is situated , still you are not liable for GST registration & payment as your aggregate turnover ( rent receipt ) is Rs less than Rs 20L/10 L ( 30000*12 = 3,60,000/)

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