IGST on Commercial Rental Income (Different State)

The husband and wife both have individual GST registrations in Karnataka. They have jointly purchased a commercial property in Gujarat and intend to rent it out for ₹40,000 per month.

Based on my understanding, GST is applicable on commercial rental income and must be charged in addition to the rent.

Since both owners are GST-registered in Karnataka, can they charge IGST on the rental income using their existing Karnataka GST registrations?

Obtaining separate GST registrations in Gujarat for both husband and wife solely for this ₹40,000 monthly rental income would involve additional compliance and administrative work.

Is there a way to manage this transaction using their existing Karnataka GST registrations without obtaining fresh registrations in Gujarat?

We are getting different opinions on this.

Replies (2)
Quick Summary
This discussion explores whether a couple with GST registrations in Karnataka can charge IGST on rental income from a jointly owned commercial property located in Gujarat. The core question is whether they can use their existing Karnataka GST registrations or if new registrations in Gujarat are required due to the property's location. Various interpretations of IGST Act sections are presented, highlighting the complexity and the need for clarity on the place of supply rules for immovable property.

  • Can they use Karnataka GSTIN? No, because the place of supply is Gujarat where the immovable property is located.

  • Is Gujarat registration required? Yes, standard GST provisions require registration in the State where the taxable service originates (location of the property), making cross-state billing from Karnataka legally incorrect.

No , seprate GST registration required in Gujarat , if you do not have any fixed establishment in Gujarat , you can charge IGST in the tax invoice for providing rental services 

Relavent sections of the IGST Act 2017 

1) section 12(3) IGST Act 2017  , place of supply location of the property located that is  Gujarat . 

2) section 7(3) IGST Act 2017 ,  when supplier & receipent  locations  are   in different state IGST applicable . 

3) section 5(1) provide levy of IGST on inter-State supply 

4) section 31 CGST Act 2017  , issue of tax invoice by the registered supplier , Can issue to two  different tax invoice  as per  respective shares in the rent  . 

Please refer all these section .Take more opinion as well 

You also can take advance ruling under section 97(2)(f) of the CGST 2017 , for registration in Gujarat and issue of tax invoice . 

 

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