Commercial property; claim GST paid on property insurance

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)
Quick Summary
Commercial property owners in India who pay GST on their property insurance can claim this as an input tax credit (ITC). To be eligible, you must be GST registered, have a valid GST invoice for the policy, and the insurance must cover the business property. This ITC can then be set off against the GST liability arising from the rent collected from your commercial tenant. Ensure accurate GST filings (GSTR-3B and GSTR-1) to claim the credit and pay any remaining GST due.

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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