05 December 2014
Is service tax is applicable to a individual constructing and selling flats. Is there any exemption to indivudual assesse. Is service tax applicable on a project of less than 12 flats.
24 July 2025
Here’s a clear explanation regarding **service tax on construction of flats by an individual**:
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### Applicability of Service Tax on Construction of Flats
1. **Residential Complex Definition:** Service tax on construction applies to *“residential complex”* as defined under the service tax law. A *residential complex* means:
* A complex comprising **a building or buildings having more than 12 residential units**; * Common areas & facilities such as parks, lifts, parking, etc.; * The layout is approved by a competent authority.
2. **Individual constructing and selling flats:**
* If an individual constructs and sells flats in a building/project having **less than or equal to 12 residential units**, the project **does NOT fall under the definition of residential complex** as per service tax rules. * Therefore, **service tax on construction of complex service is NOT applicable** on such projects.
3. **Exemptions for Individuals:**
* Individuals or HUFs constructing flats for personal use are **exempt** from service tax. * If flats are constructed for sale, but number of units is **12 or less**, then again service tax on construction of complex does **not apply**.
4. **If project exceeds 12 flats:**
* If the project has **more than 12 flats**, service tax on construction of complex service becomes applicable. * Tax rate (before GST) was 4.5% with applicable abatements depending on exact nature.
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### Summary:
| Scenario | Service Tax Applicable? | | ---------------------------------- | ------------------------------------------- | | Individual constructing ≤ 12 flats | No | | Individual constructing > 12 flats | Yes (if residential complex definition met) | | Flats constructed for personal use | No (exempt) |
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### Additional notes:
* If service tax is applicable, the builder or developer must register and pay service tax on the value of construction services provided. * VAT or other taxes may still apply depending on state laws. * Since GST replaced service tax in July 2017, please consider GST rules for new projects.
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If you want, I can also help with the latest GST implications on construction. Would you like that?
CAclubindia
