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Gst on Commission earned by rela estate agent

Rate / HSN codes 1338 views 6 replies

Hello

Is any Businessman (proprietor) who is GST registered, earning commission or brokerage for sale of property then is he required to raise a gst invoice? if yes, then how much %. Also is any alteration required in GST certificate as initially only trading of goods is mentioned in the certificate?

Thank you

Dimpy

Replies (6)

Yes, invoice can be raised.
GST rate for services, including commission or brokerage services, is 18%

Yes invoice has to be raised with gst 18%. If it's a regular business then add the same in your registration by amending non-core fields
You have to pay GST @ 18% on commission amount. Add new service of commission in GST certificate

I am an NRI selling property in India. My real estate agent is asking me to ay a gst of 18% on the commission. Should I as a seller pay this GST on the commission amount? Or the real estate agent should be paying it himself? Your professional inputs will be much appreciated. Thank you. Sandhya

 

As an NRI seller, you are not liable to pay GST on the commission amount. The real estate agent should pay the GST on their commission themselves. Here's why: 1. _Agent's income_: The commission earned by the real estate agent is their income. 2. _GST applicability_: GST is applicable on the agent's income, not on the property sale. 3. _Agent's responsibility_: The agent is responsible for paying GST on their commission. 4. _Section 2(105) of CGST Act_: Defines "supplier" as the person who supplies goods or services. In this case, the agent is the supplier of services. 5. _Notification No. 13/2017-Central Tax (Rate)_: Specifies that services provided by real estate agents are liable for GST. 6. _FAQs by CBIC_: Clarify that the agent is responsible for paying GST on their commission. Ensure you have a clear agreement with the agent, and they should provide you with a GST invoice for their commission. Verify the agent's GST registration and compliance to avoid any issues.

Thank you. I really appreciate your help. Sandhya


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