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GST on Rent

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Harendra Rawat

38 Points Posted on 05 April 2021

Dear Sir/Madam,

My client running a restaurant (rental property) @ 5% without ITC. But landlord demanding GST on rent paid by us. Monthly rent ₹ 1.20K. We have deducted TDS. But till date we haven't pay GST.

If landlord submitted GST invoice of rent, we liable to pay 18% GST. While we pay flat rate @ 5%?.

Kindly suggest to me. GST on rent payable or any RCM applicable.

Thanks

Replies (3)

Quick Summary

A restaurant owner is seeking clarification on GST obligations for their rented premises. They currently pay rent at a 5% rate without Input Tax Credit (ITC) and are unsure if they must pay an additional 18% GST on the rent demanded by their landlord, especially since they deduct TDS. The advice suggests that if the landlord is GST registered, the tenant is liable to pay the 18% GST on rent, regardless of their own business's GST rate or ITC eligibility.

prasad Nilugal

2353 Points Posted on 05 April 2021

Is Landlord registered under GST and having GSTN number ?.

Ankit Neema

1359 Points Posted on 05 April 2021

If your Landlord is registered under GST then you have to pay rent along with GST.

CS Advocate Abhishek Goyal

M Com FCS LLB M-AIMA

11027 Points Posted on 05 April 2021

your landlord is correct in demanding GST on rent @ 18%, in anyway you are not eligible to claim ITC since you are into restaurant business and billing at the rate of 5%. But GST on rent is payable by you even if you are not eligible to claim ITC on it.