Introduction: This article discusses in detail about the GST taxability on renting of residential property by one business entity to another business entity.
Q1. Whether renting of residential property by one company to another company to be used by its Managing Director for residential purposes is liable to GST or not?
Ans. As per entry no. 12 of notification no. 12/2017- Central Tax (Rate) dated 28th June 2017, Services by way of renting of residential dwelling for use as residence are exempted from levy of GST without any conditions or restrictions.
So in view of the above it may be construed that renting of residential property only for residential purposes is exempted from levy of GST even if it is provided by one business entity whose main business is to let out residential property only for residential property.
Such services may be provided to a individual or to a company for residential uses by its employees without attracting any levy of GST on rental amount.
However, such exemption is not available, if:
The author is a practising CA and is registered Insolvency Professional. He can be reached at firstname.lastname@example.org , Mob. +91 9953587496.