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Service tax on Rental Income

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(Guest)

Q 1. If rental income is Rs.850000/-, do I pay service tax on Rs.50000/-?

Q2. Will period of rent received be from 1.6.07 to 31.3.08 or for full 12 months?



(Guest)

Normally we need to deduct TDS on total billed amount ( Inclusive of Service tax)  & Service Provider need to pay Service tax in this case as this is service tax on Commercial property Ie. Collected  service tax amount from service receiver & pay to government


(Guest)

hi , accordingly the floor service TAx limit  is rs 800000p.a  so if it crosses the above limit the you need to pay service tax on the same @ 12.36%


(Guest)

sir,i have taken a shop on rent  for muncipality .i am paying a Rs.600 rent and service tax of Rs. 67.00 . i want to know that are they are liable to collect the tax and if how much amount they should collect on my rent account


(Guest)

Please deduct TDS on rent +service tax  amt




Hari Venkata Ramana (M.Com, AICWA) (124 Points)
Replied 14 April 2008

Renting of immovable property is taxable, where the liability is on service Provider.  Unless your gross receipts in a year exeeds Rs. 10 lacs u need not pay service tax.  The threshold limit  is inrespect of all services provided by U. U need to take registration within one month.  I suggest u, In the event of Service Tax payable by u, Please inform your tenant that this is a statutory liability which he should re-imburse.  Consequenty please go for amendment to your rental agreement.  I will let u know from which date it is applicalbe.  date of applicability is w.e.f. 1.6.2007.  you are entitled deductin in respect of property tax paid for the service period from your gross receipts. Some companies have filed Writ petitions on constitutional validity of the enactment and interim stays are said to be granted in these cases. Till such time the issue is resolved in courts you may discharge your service tax liability under protest to avoid interest and penal consequences.


chandresh (Seniour Finance Executive-Service)   (20 Points)
Replied 16 April 2008

i need answer on this

(Guest)

Sir, i have a nationalised bank as my tenant & my total rental income exceeds the 8.0 lacs exemption limit. My Lease agreement with the bank has a clause that all present & future taxes are to be borne by the landlord. The bank is refusing to reimburse the service tax on this plea although they can get credit in cenvat. Pl. advise if i am legally eligible to collect service tax from the Bank or not.


(Guest)

Sir,I have a commercial building rented to multiple tenans and getting rent appx 24 lakhs per annum.I am paying the service tax.Some tenants are refusing to re-imburse the amount of service tax paid by me.Lease deed has a clause in all cases " All taxes to be paid by Leasee." Please guide me if I can move court of law


(Guest)

Sir,I have a commercial building rented to multiple tenans and getting rent appx 24 lakhs per annum.I am paying the service tax.Some tenants are refusing to re-imburse the amount of service tax paid by me.Lease deed has a clause in all cases " All taxes to be paid by Leasee." Please guide me if I can move court of law




(Guest)

Sir,I have a commercial building rented to multiple tenans and getting rent appx 24 lakhs per annum.I am paying the service tax.Some tenants are refusing to re-imburse the amount of service tax paid by me.Lease deed has a clause in all cases " All taxes to be paid by Leasee." Please guide me if I can move court of law


OFFICESELVA (Service) (515 Points)
Replied 27 April 2008

First, you have raise an invoice/bill showing the service tax payable.  No question of paying service tax first and getting re-imbursment.  If taxes has to be paid by the leasee but if they refuse to pay, then you have to treat the income received as cum-tax and pay service tax on due dates.   If later, you get the service tax portion from them then also the amount should be treated as cum-tax and service tax should be paid.


(Guest)

I am receiving house rent of Rs1.0 lakhs/annum. Tell me what exemptions i can avail and if i have to pay any service tax.


monil (CA) (0 Points)
Replied 10 May 2008

Service Tax is Exempt if services provided by you does not exceed exemption limit, but once it exceeds you are liable to pay ST on full amount i.e. on 21.00 lacs.




OFFICESELVA (Service) (515 Points)
Replied 11 May 2008

NO. NEVER.  You have to pay service tax only on Rs.2  Lakhs which is more than the exemption limit of Rs.10 Lakhs. 


BTW from where the amount Rs.21 Lakhs came?



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