Service tax on nri's(immovable property)

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

30 November 2015 Dear Sir

I am a Non Resident Indian and have made a commercial property out of my abroad funds in India. The rental receipts have crossed 10 lakhs this year.
Am i Liable to pay Service tax on rental??.Is there any relaxation to NRI's on service tax.

Querist : Anonymous

Querist : Anonymous (Querist)

02 December 2015 IS NRi required to take service tax no in India and charge service tax on rental income ??

Thanks in advance

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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03 December 2015 You are not required, but your service receiver has to take service tax No. and pay service tax under RCM.

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Querist : Anonymous

Querist : Anonymous (Querist)

04 December 2015 Thanks Sir, If NRI has a indian address and bank account even than alsothe RCM applies.
If the receiver does not take service tax no and pay it through RCM, then what is the liability for me.

If receiver disagree to pay Service tax under RCM, than what should i do ??

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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04 December 2015 1 Then also RCM applies.
2 No liability on you.
3 Inform the receiver about his liability under RCM if he is not complying dept will take action.

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Querist : Anonymous

Querist : Anonymous (Querist)

04 December 2015 I have also read that in case of RCM , theshold limit of Rs 10 lakh is not available, means that service reciever is liable from 1st rupee to pay service tax.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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04 December 2015 You are right but In this case 10 lacs thresh hold can be considered as it is paid on behalf of NRI.

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