Under GST, the treatment of rent is very
clear. Landlords who are earning rental income by giving their
properties for residential use will not be taxed under GST - thus there
will be no GST on rent for houses. However, the GST rate on commercial
property rent will be 18%, and it will be levied only by those who are
earning more than Rs 20 lakh annually. If the landlord is unregistered
due to the threshold limit, the taxable person has to pay GST on rent
under reverse charge - at standard GST rate on commercial rent.
Goods and Service Tax impact on home loans
GST impact on the loan taker
Before evaluating the potential impact of
GST on home loan EMI and costs, let us understand the components that
are bound to be affected under GST. The main cost of taking a home loan
is the interest payment on the principal amount. Similarly, any stamp
duty levied in respect of documentation of home loan will also not
change with GST, as stamp duty is not levied under GST.
GST impact on lender
Lender - In other words, banks and
financial institutions that extend loans for real estate will receive
ITC in relation to the services received. Also, purchased goods, which
they can use against their GST output tax liability, which is good news.
Reduction in black money in the era of GST
GST will help cut down on the cash
component in construction, as input will now have to be obtained from
registered vendors to get the input tax credit. This would go a long way
to reduce the black money component in real estate. In addition, the
GST return process will ensure that both the supplier and the recipient
of the goods and / or services are liable to disclose transaction
details. Price, amount, GST rate etc.
FDI increase under GST
Investments coming from foreign shores are
likely to have a positive GST effect - benefiting the NRI community,
mainly due to a seamless-inclusive channel. Simplification of taxation
is possibly the most positive GST effect on investment, which will also
increase the confidence of the NRI market to invest in Indian real
estate.
GST applicability on FSI / TDR
Floor Space Index (FSI) / Transfer of
Development Rights (TDR) - Used by developers, are rights in land. As
per GST law, not all immovable properties are excluded from the purview
of GST, such as sale of land. There is a lack of clarity on whether FSI /
TDR sales are to be considered "part of the land" - if they are, they
too will stand out from the GST; If not, GST will be applicable.
GST on intellectual property rights
The GST law provides for the taxing of the
supply of goods or services, or between both the concerned persons or
different persons, without consideration. Typically in the real estate
sector, multiple entities in the same group use single logos /
trademarks without consideration, which can take advantage of GST, while
no tax was previously applicable.
GST on barter Transactions
Many barter transactions are seen in the
real estate industry. For example, giving free flats in exchange for
'development rights'. In the previous regime, barter transactions were
mostly exempted from VAT, as a 'price' was not included. However, under
GST law, all types of supplies such as barter, exchange, and so on, and
the value of supplies will be taxed according to GST rules.