GST Law and Rulling regarding applicability of gst on commercial property .

Mr.X has given his property to a registered entity with GST,for guest house or hotel use.Mr.X is unregistered and not liable to register himself with GST.Can the company pay rent to the landlord without charging GST.?

is RCM applicable in this ?

Actually what is the law and Rulling in this regard, who is liable to pay gst @ 18% if applicable. ?

Please advise

Sudhir Kulshreshtha
Replies (2)
Quick Summary
This discussion clarifies the applicability of GST on rent for commercial properties, specifically when a registered entity uses an unregistered landlord's property for a guesthouse or hotel. The consensus is that Reverse Charge Mechanism (RCM) does not apply here. Instead, the landlord, as the supplier of service, is liable to pay GST under the forward charge mechanism, provided their turnover necessitates GST registration.

no RCM  applicable for receiver of service, as property in question is commercial,

forward charge will be applicable and supplier of service(landlord of proerty) to pay gst under forward mechanism, if he is liable to take regsitration i.e supply of services is above 20lacs.

The very definition of rcm denies the applicability of rcm on commercial property.

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