Gst for works contract and marketing rights

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I want to form a pvt ltd. company and do construction and marketing of a commercial building for a builder/land owner (without any sale rights, only works contract). I want to know the GST implications:

1. Can my company avail ITC ?

2. Do I have to charge GST to my client (the builder/land owner) in invoice and at what rate ?

3. Can my client avail ITC on my invoices when he sells the commercial properties ?

Thanx in advance 

Replies (3)
1.Yes
2.Yes
3.No. ( if .opted scheme 1%,5% )

Dear Mr Pankaj,  

Point 3 -  As it is a commercial property I think the builder can take ITC because he will sell at GST rate of 12%. In residential apartment case he has option of 5%. 

DEAR RAMESH

AS PER THE FAQ RELEASE ON CBIC SITE DT. 7.5.2019 ON REAL ESTATE , THE RATE OF TAX APPLICABLE ON THE WORK CONTRACT SERVICE PROVIDED BY CONTRACTOR TO PROMOTER FOR CONSTRUCTION OF RESIDENTIAL APARTMENT IS 12% & FOR COMMERCIAL APARTMENT IS 18%.

HENCE IF YOU ARE PROVIDING WORK CONTRACT SERVICE TO PROMOTER TOWARDS COMMERCIAL APARTMENT ITS 18% (WITH ITC)


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