GST applicability on JDA related land development from agricultural land to plotted residential land

Is GST applicable on JDA related to land development from agricultural land to plotted residential land ?  

Scope of the JDA is to convert agricultural land into residential and commercial plots ( after acquiring necessary permissions from municipal authorities, lay roads and plot the same.)_.Then the plotted land is divided between developer and landlords as per agreed shares in the JDA.

If GST is applicable then who is liable to pay  ? Is it the developer or landlord or both ?

 



 

Replies (4)
Quick Summary
This discussion explores whether Goods and Services Tax (GST) applies to Joint Development Agreements (JDAs) where agricultural land is converted into residential and commercial plots. It questions who is liable for GST payments – the developer, the landowner, or both – and examines the tax implications, particularly noting that GST typically applies to under-construction properties but not completed ones.

GST Applicability on Joint Development Agreement (JDA)
If the landowner gives his land to the developer and after a while in return gets a constructed property, then in such a case the landowner will be liable to pay GST on landowners share. And GST on flats given to landowner, the GST rate on such transfer is 18%.

In the above case there is no construction. The developer will get necessary permissions from municipal authorities and convert the agricultural land tnto residential and commercial plots with property roads etc.   Is the GST applicable ?

Under GST, a single rate of 12% is applicable on under-construction properties, whereas no GST is applicable on completed properties

JDA and post JDA transactions will primarily involve:-

  1. Transfer of rights by owner to builder for development of land
  2. Supply of services by builder to owner in terms of development or construction services.
  3. Sale of land ultimately developed by owner/ builder

 

There are specific circulars dealing with Joint Development Agreement for construction under JDA.  Check up if they also apply to JDA for development and plotting of land. I believe they should. 

 

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
08 September 2026
Audit Executive

Thammana & Associates

Srikakulam

B.Com

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER

Anupam Parashar & Co.

Ghaziabad

CA Final

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 29 August 2026
Article Assistant

RRPM & ASSOCIATES LLP

Chennai

CA Inter

View Details