Hostel accomodation by Charitable Trust

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As per GST Laws, hostel accommodation provided by Charitable Trust where per day rent of a room is upto 1000 is exempt.
So based on this notification ,let's say, if Mr X has given his residential property to ABC Trust on lease/rent so that such trust can give such property to students on rent as hostel, whether GST will be applicable on this transaction.??

Replies (1)

Good question, CA Anand!

Here's how GST applies in this scenario:

GST on Rent/Lease of Residential Property to Charitable Trust for Hostel Accommodation

  • Hostel accommodation by Charitable Trust: GST law exempts supply of hostel accommodation to students if the rent per day is ₹1000 or less (Notification No. 12/2017-Central Tax (Rate)).

  • But what about rent/lease paid by Mr. X to the Trust?

    • When Mr. X leases out his residential property to the Charitable Trust, this is a rental service by Mr. X to the Trust.

    • GST on rent of residential property is generally exempt under GST (Entry 12 of Notification No. 12/2017-Central Tax (Rate)) if it is for residential purposes.

    • However, if the property is leased for commercial use (like running a hostel), the GST exemption may not apply on the rent paid by the Trust to Mr. X.

  • Key point: The Trust provides hostel accommodation exempt from GST to students (end customers), but the rent paid by Trust to Mr. X may attract GST if the property is used commercially.

  • The GST liability on rent depends on the purpose of use:

    • If the property is leased as residential accommodation, no GST on rent.

    • If it is leased for commercial purpose (hostel business), GST may be applicable on the rent payable by the Trust.

  • Is the Trust registered under GST? If so, it can take ITC on GST paid on rent (if applicable).


Summary

Transaction GST Applicability
Hostel accommodation by Charitable Trust (rent ≤ ₹1000/day) to students Exempt under GST notification
Rent paid by Charitable Trust to Mr. X for property used as hostel GST applicable if considered commercial rental; exempt if residential use

So, Mr. X should evaluate the nature of use and consult if GST is to be charged on rent received from the Trust.


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