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Commercial property; claim GST paid on property insurance

Others 775 views 3 replies

Hello,

i own commercial property rented out to a corporate tenant, on which GST is received (from the tenant) and paid to the Govt. This property is located in NOIDA, NCR and (if relevant) FYI - I am an OCI holder filing taxes in India. 

I've just purchased a property insurance policy via HDFC bank, on which GST is paid by me  this insurance is on  the property where GST is collected / passed through to the Govt  

Can I set off  the GST paid on the insurance policy against GST received by the tenant ?

Thanks  

 

Replies (3)

As a commercial property owner, you're eligible to claim input tax credit (ITC) on the GST paid on the insurance policy, but there are certain conditions to be met.

Eligibility for ITC: - *GST Registration*: You must be registered under GST as a taxable person. -

*Insurance Policy*: The insurance policy must be in the name of the business or the property. -

*GST Invoice*: You must have a valid GST invoice for the insurance policy. ITC on Insurance Policy: -

*ITC Claim*: You can claim ITC on the GST paid on the insurance policy, but only to the extent it relates to your taxable supplies (i.e., renting out the commercial property). -

*ITC Calculation*: Calculate the ITC amount based on the GST paid on the insurance policy and the extent it relates to your taxable supplies. Set-Off Against GST Received: -

*GST Received from Tenant*: You can set off the ITC claimed on the insurance policy against the GST liability arising from the rent received from the tenant. - 

*GST Payment*: After setting off the ITC, pay the remaining GST liability to the government. Important Considerations: -

 *GST Returns*: Ensure you're filing accurate GST returns (GSTR-3B and GSTR-1) to claim the ITC and set off against GST liability. - *OCI Holder*: As an OCI holder, you might need to comply with additional tax regulations.

As a commercial property owner, you're eligible to claim input tax credit (ITC) on the GST paid on the insurance policy, but there are certain conditions to be met.

Eligibility for ITC: - *GST Registration*: You must be registered under GST as a taxable person. -

*Insurance Policy*: The insurance policy must be in the name of the business or the property. -

*GST Invoice*: You must have a valid GST invoice for the insurance policy. ITC on Insurance Policy: -

*ITC Claim*: You can claim ITC on the GST paid on the insurance policy, but only to the extent it relates to your taxable supplies (i.e., renting out the commercial property). -

*ITC Calculation*: Calculate the ITC amount based on the GST paid on the insurance policy and the extent it relates to your taxable supplies. Set-Off Against GST Received: -

*GST Received from Tenant*: You can set off the ITC claimed on the insurance policy against the GST liability arising from the rent received from the tenant. - 

*GST Payment*: After setting off the ITC, pay the remaining GST liability to the government. Important Considerations: -

 *GST Returns*: Ensure you're filing accurate GST returns (GSTR-3B and GSTR-1) to claim the ITC and set off against GST liability. - *OCI Holder*: As an OCI holder, you might need to comply with additional tax regulations.

Thank you. 

regarding your comment on other taxes for an OCI - you are referring to income tax implications?


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