Gst on residential and commercial rental income

Rent paid my registered tenant under gst limit and provision of rcm

Sir, I Ashfaq Hussain resident from gulbarga Karnataka state have leased a property on rent in gulbarga, to a gold loan company since about six years and receive a monthly rent of about RS 30000 (thirty thousand) yearly about RS 360000(three lakh and sixty thousand) with no other source of income , the company on rent deducts 10% TDS on rent which I get refunded on filing income tax return , so I am not an income tax payee also. I have never paid service tax ever because my total income never crossed previous service tax limit of RS 1000000(ten lakhs). Now after GST the gold loan company says it will deduct 18% GST and 10% TDS , how can they deduct GST when the threshold limit is increased to RS 2000000(twenty lakhs) per annum? .how can I be liable for GST when my total income from all sources is below RS 400000(four lakhs) per annum? Sir , please do reply this at the earliest , as I am very confused on this....

@ Ashfaqbhai:  You are not liable to get registered under GST. and hence you are not liable to charge GST over the rent of land. (as your aggregate supply is much below 20 lakhs, basic exemption limit)

When you are not registered, but your tenant is registered under GST.......... as per rules, tenant has to pay GST under reverse charge at 18% GST over the rental (inward) supply. and pay it to government. Good point is that the tenant can claim it back as ITC from outward (taxable) supply. So, inthat case it is not loss to tenant also.

As far as income tax TDS of 10% is concern....... it is genuine...... and you are getting refund also.

But here the mentality of tenant is to get benefit of 18% GST deduction from your rent, which is not legitimate. As per law even if the gst be levied on any supply..... it is the liability of service receiver to pay from own pocket.......... but cannot deduct it from the service provider. So, write accordingly, as per law.....they are not supposed to deduct any GST over the rental charges paid to landowner. Good Luck......

thanks sir

Thanks God for the opportunity.....

Mr Rambhia

Sir I have a similar enquiry

I am running a partnership firrm with annual turnover of 12 lacs . I have got the GST registration to be able to make interstate supplies. In the same Industrial building I have let out a portion to a Lathe Workshop who is not registered under GST. The monthly rental is Rs 10000/- per month.

Will GST be applicable in this case

An early reply will be really helpful helpul

Khanna JI if the rent is received by partnership firm (as its owner)...... then yes you have to charge GST at 18% ......

But if the property is owned by partner as individual....... parameter changes.....

A company leasing it's property to another company and getting rs 7 lakhs as rent annually. So is the company liable for gst @ 18%

Sir,

For Hotel industry, whether the GST rate is applicable on declared price or actual price? Since the prices gets reduced after negotiation.

Sir,

For Hotel industry, whether the GST rate is applicable on declared price or actual price? Since the prices gets reduced after negotiation.

@ Monikiron Sain......... Yes.........it is chargeable service.

@ Rajesh Pahadi.......... Net bill amount (actual price).........

Sir, any notification to this effect ? 

Hello Sir,

 

i have given my house to commercial rent and i am getting 7000 per month. should i have to pay gst for this  or not ?

please provide you information who is the responcible for GST landlard or leassee.

 

Regards,

Chandra

 

Hi Sir,

 

i have given my house to commercial rent and getting rent 7000 per month and should i have to pay gst not ?

who is the responcible for gst owner or tenant for house