Master in Accounts & high court Advocate
9610 Points
Posted on 23 August 2024
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.