Rent on Residential Property

Hi

A proprietor is planning to rent out his residential property to a person for Rs. 260000/- per month. The Proprietor is not covered u/s 44AB. Is TDS applicable on the same? Also what about GST?

Replies (10)
Quick Summary
This discussion clarifies the tax implications, specifically TDS and GST, for renting out a residential property at Rs. 260,000 per month. It explains that TDS under Section 194-IA or 194-IB may apply depending on the tenant's tax audit status. Regarding GST, recent notifications (effective from 18th July and clarified on 30th December 2022) indicate that GST is generally not applicable on residential property rented for personal use, even if the landlord is GST registered. However, if rented to a business entity, GST becomes applicable, potentially under the Reverse Charge Mechanism (RCM) for the tenant.

Rent for business purposes then gst and tds is applicable.
gst while billing and while paying deduct tds and pay.

The tenant will deduct TDS u/s. 194-Ia or u/s. 194-Ib of IT act, depending upon his status under tax audit.

If the property owner is not registered under GST, he is not liable to charge GST over rental service, provided rented for RESIDENTIAL purpose.

Rent is for Personal use.

The property owner and the tenant both are registered under GST. So tenant will pay gst under RCM right? There's no liability on the Property owner?

Answer remains same..      

Hi thank you for the revert.

 

So property owner has to charge GST even though he has rented out for residential use. Please confirm

Yes, provided he is already registered under GST..

As per the latest notification on 30th December 2022, 

Government has clarified on the new GST or goods and services tax rules on rent, which came into effect from 18th July. In a tweet, PIB said that “renting of residential unit taxable only when it is rented to business entity️.” It further clarified that “no GST when it is rented to private person for personal use; no GST even if proprietor or partner of firm rents residence for personal use.” 

Vide Notification Dated 30th December 2022, the CBIC has notified

Yes, with the new notification, GST will not be applicable over residential units from 01.01.2023.

Rcm is seperate .

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