GST RCM applicability on renting of any property whether includes land lease

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GST RCM applicability on renting of any property whether includes land lease from an unregistered person to a registered person as per latest notification and circulars.

Ref Not no: 9/2024

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Quick Summary
Discussion explains GST RCM applicability on renting of property including land lease from unregistered landlord to registered tenant for non-agricultural use. Renting of immovable property is treated as supply of services under CGST Act and relevant notifications apply.

Yes, the GST RCM provisions apply to renting of property, including land lease; when land owner is unregistered under GST while the tenant is registered person, and the land is utilized for any non agricultural use.

Thank you sir,

Sir just wanted to know from which Act, you are driving the defination of property in order to interpret the defination of property under GST Act?

Section 2(103) of the CGST Act, 2017: Defines "services" to include renting of property.
Section 7(1)(a) of the CGST Act, 2017: Includes renting of property in the scope of supply.
Schedule II, Entry 5 of the CGST Act, 2017: Specifies that renting of immovable property is a supply of services.
 
CBIC Notification No. 11/2017-Central Tax (Rate) dated June, 2017
CBIC Circular No. 151/ July /2023-GST dated July  2023

Dear sir,

Truly appreciate your efforts in resolving my concern.

Thank you for your prompt response.

Regards,

CA Yash Dhadiwal

Most welcome.              

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