Recommendations made by the GST Council in its 25th Meeting held on 18th January, 2018 at Delhi for the housing sector

1. In the meeting held on 18th January, 2018, the GST Council has made several important recommendations for the housing sector. The recommendations are expected to promote affordable housing for the masses in the country. The recommendations are discussed below.

2. One of the important recommendations is to extend the concessional rate of GST of 12% (effective rate of 8% after deducting one third of the amount charged for the house, flat etc. towards the cost of land or undivided share of land, as the case may be) in housing sector to construction of houses constructed/ acquired under the Credit Linked Subsidy Scheme for Economically Weaker Sections (EWS) / Lower Income Group (LIG) / Middle Income Group-1 (MlG-1) / Middle Income Group-2 (MlG-2) under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana (Urban). Credit Linked Subsidy Scheme is one of the components of Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana (Urban). Under this component, subsidy would be provided on home loans taken by eligible urban poor (EWS/LIG/ MIG-I/ MIGII) for acquisition, construction of house. Credit linked subsidy would also be available for housing loans availed for new construction and for addition of rooms, kitchen, toilet etc, to existing dwellings as incremental housing. The carpet area of houses constructed under this component of the mission would be upto 30 square meters for EWSA, 60 square meters FOR LIG, 120 sqm for MIG I and 150 sqm for MIG II. The benefit of Credit Linked Subsidy Scheme may be taken by the Economical Weaker sections or Low/Middle Income Groups for purchase of houses under any project. The maximum annual income for eligibility of beneficiaries under the scheme can be upto 18 lakhs. It covers a very large section of population which aspires to own a home.

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3. So far, houses acquired under CLSS attracted effective GST rate of 18% (effective GST rate of 12% after deducting value of land). The concessional rate of 12% was applicable only on houses constructed under the other three components of the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana (Urban), namely (i) ln-situ redevelopment of existing slums using land as a resource component; (ii) Affordable Housing in partnership and (iii) Beneficiary led individual house construction / enhancement. The exemption has now been recommended for houses acquired under the CLSS component also. Therefore, the buyers would be entitled to interest subsidy under the scheme as well to a lower concessional rate of GST of 8% (effective rate after deducting value of land).

4. The Council has also recommended that the benefit of concessional rate of GST of 12% (effective GST rate of 8% after deducting value of land) applicable to houses supplied to existing slum dwellers under the in-situ redevelopment of existing slums using land as a resource component of PMAY may be extended to houses purchased by persons other than existing slum dwellers also. This would make the in-situ redevelopment of existing slums using land as a resource component of PMAY more attractive to builders as well as buyers.

5. The third recommendation of the Council is to include houses constructed for “Economically Weaker Section (EWS)” under the Affordable Housing in partnership (PMAY) under the concessional rate of GST of 8% (effective rate after deducting value of land). This will support construction of houses upto 30 sqm carpet area.

6. The fourth recommendation of the Council is to extend the concessional rate of 12% to services by way of construction of low cost houses upto a carpet area of 60 sqm in a housing project which has been given infrastructure status under notification No. 13/06/2009 dated 30th March, 2009. The said notification of Department of Economic Affairs provides infrastructure status to Affordable Housing. Affordable Housing has been defined in the said notification as a housing project using at least 50% of the FAR/FSI for dwelling units with carpet area of not more than 60 sqm. The recommendation of the Council would extend the concessional rate of 8% GST (after deducting value of land) to construction of flats/ houses of less than 60 sqm in projects other than the projects covered by any scheme of the Central or State Government also.

7. In addition to the above, in order to provide a fillip to the housing and construction sector, GST Council has decided to give exemption to leasing of land by government to governmental authority or government entity. [Government entity is defined to mean an authority or board or any other body including a society, trust, corporation, (i) set up by an Act of Parliament or State Legislature; or (ii) established by any Government, with 90% or more participation by way of equity or control, to carry out any function entrusted by the Central Government, State Government, UT or a local authority]. Also, any sale/lease/sub-lease of land as a part of the composite sale of flats has also been exempted from GST. Therefore, in effect, the government does not levy GST on supply of land whether by way of sale or lease or sublease to the buyer of flats and in fact, gives a deduction on account of the value of land included in the value of flats and only the value of flat is subjected to GST.

8. It may be recalled that all inputs used in and capital goods deployed for construction of flats, houses, etc attract GST of 18% or 28%. As against this, most of the housing projects in the affordable segment in the country would now attract GST of 8% (after deducting value of land). As a result, the builder or developer will not be required to pay GST on the construction service of flats etc. in cash but would have enough ITC (input tax credits) in his books to pay the output GST, in which case, he should not recover any GST payable on the flats from the buyers. He can  recover GST from the buyers of flats only if he recalibrates the cost of the flat after factoring in the full ITC available in the GST regime and reduces the ex-GST price of flats.

9. The builders/developers are expected to follow the principles laid down under section 171 of the GST Act scrupulously.

10. The above changes shall come into force with effect from 25 January 2018.

Source- CBEC Press Release Dated- 22.01.2018

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  1. Vikrant says:

    Hi There,

    My flat agreement happened on 18th Jan 2018. I had applied for CLSS PMAY MIG-2 and got sanctioned last month and subsidy was credited to my account and now as the the rule published on 25th Jan 2018 the GST rate has been cut down to 8% from 12%. When I contacted my builder he is saying my agreement date was before that is 18th Jan. Experts, please let me know If anything can be done or there is any other provision to get this benefit.

  2. K.R.Naidu says:

    I have purchased a flat and paid Transfer of Memorandum to NOIDA authority on 17th Jan 2018 on 18th GOI announced that GST was removed for housing. I got the TM from authority on 31st Jan 2018. Should I get reimbursement from UP Govt. kindly suggest.

  3. gauravjaina says:

    The following queries are for an affordable housing project where developer has taken land from Landowner and will give them a percentage of built up are in form of flats in return:

    1. If Developer allots a few flats to landowner/s after completion whether at all any liability under GST will arise and if yes time and point of taxation and at what rate? Who will be liable to pay?
    2. The landowner/s have transferred development rights to (Developer). Impact of GST on such transfer of development rights?
    3. If Developers allots a few flats in the course of construction to the land owner/s and the land owner sell such flats allotted by the developer – What will be the GST impact on such transactions?
    4. If the developer sells the flats allotted to the landowners/s in his own account (after receiving power of attorney from Landowner) and receives money for the same from the buyer/s – what will be the GST impact, who will pay and when?
    5. If any ITC balance remains in hand after closing of the project can the same be carried forward and adjusted against other real estate project or against other business?
    6. What will be the GST on work contract and composite work contract like lift etc, 18% or 12%?

  4. Naresh says:

    I have booked a 2HK flat in Sep 2017 in an under-construction project. Till now I have paid the 20% amount of my agreement cost to my builder. Agreement is not yet done. This is my first home & come under MIG-2 group as per CLSS scheme. Could you please let me know how much GST I have to pay to builder?

  5. K K SARAWAGI says:

    In housing sector GST rate should be 5% without ITC as against existing 12% with ITC in order to plug loopholes of the developer and to protect interest of buyers.

  6. Padmanabh Ranchhoddas Merchant says:

    our co-operative housing society, collects 18% GST on parking charges for cars parked in the compound of the Society. Will you clarify if GST rate of 18% will be reduced, as per decisions taken at GST 25th Meeting held on 18th January, 2018 at Delhi?

  7. ANAND NIPPANI says:

    recommendation of gst council relating to housing sector is appreciable. Like this,council should ,study the practical aspects of implementation of gst and safeguard the interest of,exchequer/tax payer and public at large.

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