1. Source- Press Release on the recommendation of the 34th Meeting of the GST Council on operational details on the earlier recommendations on real estate sector.

2. GST Rates for Real Estate Sector to be effective from 1st April, 2019

  • Affordable housing properties: Effective GST rate of 1% withoutITC
  • Residential properties outside affordable segment: Effective GST rate of 5% without ITC

3. Definition of affordable housing:

  • A residential house/flat of carpet area of up to 90 sqm in non‑metropolitan cities/towns and 60 sqm in metropolitan citieshaving value up to Rs. 45 lacs (both for metropolitan and non‑metropolitan cities).
  • Metropolitan Cities are Bengaluru, Chennai, Delhi NCR (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon, Faridabad), Hyderabad, Kolkata and Mumbai (whole of MMR).

4. Option in respect of ongoing projects

a. One -time option (to be exercised once within a prescribed time frame) to continue to pay tax at the old rates (effective rate of 8% or 12% with ITC) on ongoing projects (buildings where construction and actual booking have both started before 01.04.2019) and which have not been completed by 31.03.2019.

b. New rate of 1% without input tax credit (ITC) on construction of affordable houses shall be available for,

i. all houses which meet the definition of affordable houses as decided by GSTC (area 90 sqm in non- metros /60 sqm in metros and value upto RS. 45 lakhs), and

ii. affordable houses being constructed in ongoing projects under the existing central and state housing schemes presently eligible for concessional rate of 8% GST (after 1/3rd land abatement).

c. New rate of 5% without input tax credit shall be applicable on construction of,‑

i. All houses other than affordable houses in ongoing projects whether booked prior to or after 01.04.2019. In case of houses booked prior to 01.04.2019, new rate shall be available on instalments payable on or after 01.04.2019.

ii. All houses other than affordable houses in new projects.

iii. Commercial apartments such as shops, offices etc. in a residential real estate project (RREP) in which the carpet area of commercial apartments is not more than 15% of total carpet area of all apartments.

5. Conditions for the new tax rates:

The new tax rates of 1% (on construction of affordable) and 5% (on other than affordable houses) shall be available subject to following conditions,‑

a) Input tax credit shall not be available,

b) 80% of inputs and input services (other than capital goods, TDR/ JDA, FSI, long term lease (premiums)) shall be purchased from registered persons. On shortfall of purchases from 80%, tax shall be paid by the builder @ 18% on RCM basis. However, Tax on cement purchased from unregistered person shall be paid @ 28% under RCM, and on capital goods under RCM at applicable rates.

6. Transition for ongoing projects opting for the new tax rate

  • Ongoing projects (buildings where construction and booking both had started before 01.04.2019) and have not been completed by 31.03.2019 opting for new tax rates shall transition the ITC as per the prescribed method.
  • The transition formula approved by the GST Council, for residential projects extrapolates ITC taken for percentage completion of construction as on 01.04.2019 to arrive at ITC for the entire project. Then based on percentage booking of flats and percentage invoicing, ITC eligibility is determined. Thus, transition would thus be on pro-rata basis based on a simple formula such that credit in proportion to booking of the flat and invoicing done for the booked flat is available subject to a few safeguards.
  • For a mixed project transition shall also allow ITC on pro-rata basis in proportion to carpet area of the commercial portion in the ongoing projects (on which tax will be payable @ 12% with ITC even after 1.4.2019) to the total carpet area of the project.

7. Treatment of TDR/ FSI and Long term lease for projects commencing after 01.04.2019

Supply of TDR, FSI, long term lease (premium) of land by a landowner to a developer shall be exempted subject to the condition that the constructed flats are sold before issuance of completion certificate and tax is paid on them. Exemption of TDR, FSI, long term lease (premium) shall be withdrawn in case of flats sold after issue of completion certificate, but such withdrawal shall be limited to 1% of value in case of affordable houses and 5% of value in case of other than affordable houses. This will achieve a fair degree of taxation parity between under construction and ready to move property.

8. Treatment of TDR/ FSI and Long term lease for projects commencing after 01.04.2019

  • The liability to pay tax on TDR, FSI, long term lease (premium) shall be shifted from land owner to builder underthe reverse charge mechanism (RCM).
  • The date on which builder shall be liable to pay tax on TDR, FSI, long term lease (premium) of land under RCM in respect of flats sold after completion certificate is being shifted to date of issue of completion certificate.
  • The liability of builder to pay tax on construction of houses given to land owner in a JDA is also being shifted to the date of completion

9. Amendment to ITC rules

ITC rules shall be amended to bring greater clarity on monthly and final determination of ITC and reversal thereof in real estate projects. The change would clearly provide procedure for availing input tax credit in relation to commercial units as such units would continue to be eligible for input tax credit in a mixed project.

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2 Comments

  1. Anand Reddy says:

    What is the effect of the new amendment for totally commercial development?
    I believe that the earlier system of GST collection at 12% and ITC will continue.
    Please clear this understanding.

  2. NIKHIL TRIVEDI says:

    In above article point no-4-b-1 there is interchange sqmt in to metro & non metro. kindly rectify as per definition given .

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