HSN- Rent Commercial property

What is the HSN for Rent from Commercial property, 997211 or 997212?
Replies (2)
Quick Summary
Query on correct SAC/HSN for commercial property rent. SAC 997212 applies to rental or leasing of non-residential/commercial properties like offices, warehouses, factories, etc. SAC 997211 is used for residential property rent. Hence, commercial rent falls under 997212.

SAC 997212 Rental or leasing services involving own or leased non-residential property

This service code includes:

rental or leasing services concerning industrial, commercial or other non-residential buildings or property by owners or leaseholders, such as factories, office buildings, warehouses, theatres, convention centres, exhibition halls and multiple-use buildings that are primarily non- residential; agricultural, forestry and similar properties.

rental or leasing of caravan sites, lock-up garages or other places for parking vehicles, by the month or year

Note: 997211 relates to residential property

SAC 997212 is correct (997211 is for residential). GST is 18%. Key updates:

• RCM on commercial rent: from 10 October 2024, if an unregistered landlord lets commercial property to a registered tenant, the tenant pays 18% GST under RCM (Notf 09/2024-CT(R)). From 16 January 2025, composition-scheme tenants are excluded (Notf 07/2025-CT(R)).

• Landlord registration threshold: Rs 20 lakh (Rs 10 lakh in special category States).

• Residential property rented to a registered person for business use: RCM applies here too (since 18 July 2022). Rent to a proprietor using it as his own residence is exempt.

• TDS on rent: Sec 194I at 10% for land/building, threshold Rs 50,000 per month or part of a month (from 1 April 2025). Individual/HUF tenants not under audit deduct under Sec 194-IB at 2% (from 1 October 2024). TDS is on rent excluding GST.

• From 1 April 2026, TDS is under Sec 393 of the Income-tax Act, 2025.

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