GST on Commercial Property: Rates, Compliance, and Tax Benefits

When you deal with GST on commercial property, it’s important to understand the tax rules. This guide is here to help everyone who works with commercial real estate- whether you are a developer, landlord, or tenant. We will go through what GST means for you in clear and simple terms. Let’s start by breaking down how GST affects buying, selling and renting commercial spaces. 

Applicability of GST on Commercial Property

GST affects how money is handled when dealing with commercial properties. Here’s a simple breakdown:

1. GST on Rent Paid on Commercial Property: If you own a building and rent it out for business purposes, like stores or offices, you must add 18% GST to your request rent. This is required by law.
2. GST on Commercial Property Sales: GST applies when you sell a commercial building. If the building is not fully built yet, there’s an 18% GST on the sale. But if it is completely built and you sell it after it’s officially finished, you might not need to charge GST. 

GST Rates on Commercial Property

GST, or Goods and Services Tax, changes depending on what’s happening with commercial property. Let’s break it down simply:

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1. Renting Out Commercial Space: If you rent a space for business, like a store or an office, you need to charge an 18% GST on the rent. This is a must.
2. Selling New or Under-Construction Commercial Property: If you are selling a commercial property that’s still being built or just finished, you must apply a 12% GST on the sale.
3. Selling Completed or  Resold Commercial Property: If your property is all built and you are selling it after it’s done, you don’t need to add GST.

GST Registration and Compliance for Commercial Property

Handling GST for commercial properties is key. Here’s a simple guide for property owners:

1. When to Register for GST: If your rental income is more than ₹20 lakh a year (₹10 lakh for particular category states), you must register for GST. This is important for following the law.
2. Giving Proper Invoices: Whenever you collect rent, you must give your tenants a GST-compliant invoice. This invoice needs to show the GST amount clearly.
3. Collecting and Sending GST: As a landlord, you should charge GST on the rent, collect it from your tenants, and then pay the government this amount.
4. Using Input Tax Credits: You can claim input tax credits for the GST you have paid on expenses related to your property. This can help reduce your costs.

GST on Commercial Property Rent

When you rent out commercial property, it’s essential to include GST. Landlords must add an 18% GST to the GST to the rental charges. This addition is mandated by tax laws to ensure that the government’s tax revenues are maintained. On the flip side, tenants who use these properties for their businesses can claim this GST as an input tax credit. This means they can deduct the GST they have paid on their rent from their tax obligations. Adhering to these guidelines helps both parties comply with tax regulations while effectively managing their financial liabilities. 

GST on Commercial Property Purchase in India

When you sell commercial properties, knowing the correct GST rates is essential for ensuring legal compliance and managing your finances effectively:

• GST for Under-Construction or Newly Built Properties: If you are dealing with properties that are not yet completed or have just been constructed, you must apply a 12% GST on the transaction. This rate is mandatory and should be factored into the pricing and invoicing processes by the developers or sellers.
• Exemption for Fully Constructed Properties: Once a commercial property is fully built and is being sold as a resale, no GST is required on the sale. This exemption aims to simplify the sales process and can make these properties more financially attractive to potential buyers.
• Claiming Input Tax Credits: Developers can offset some of the costs associated with construction. They can get credits for the GST spent on purchases related to construction. This can reduce the monetary burden on developers by allowing them to recover a portion of the GST expended on materials and services.

GST on Commercial Property Construction

Building commercial properties involves specific GST details:

• GST Rate: There’s an 18% GST on the construction of commercial properties. This total includes both Central GST (CGST) and State GST (SGST), each making up half of the rate.
• Input Tax Credits: Developers can claim back some of the GST they spend on construction. They can do this for the GST paid on building materials and services used during construction.

Impact of GST on Commercial Property Transactions

GST changes how we handle commercial property deals:

• Clear Rules Make Things Clearer: GST helps everyone understand the taxes involved in property deals, making the whole process more open and easy to understand.
• Necessary for Rental Talks: When people agree to rent commercial spaces, they must consider GST. This is important because it affects how much money is exchanged.
• Developers Need to Plan for GST: People who build commercial properties must include GST when figuring out their costs. This ensures their pieces are correct and include all the taxes they must pay.

Exceptions and Exemptions

In some cases, not all commercial properties have to pay GST:

• GST-Free Options: Places like medical facilities and buildings run by charities might not have to pay GST. This means they can be GST-free or even zero-rated, which helps reduce costs for these important services.
• Selling as a Going Concern: Sometimes, when you sell a whole business with its property, this sale doesn’t need GST. This exemption makes it easier to transfer the entire business without extra tax costs.  

NoBroker Makes GST on Commercial Property Easy

Dealing with GST on commercial property can be complex, but NoBroker is here to help. NoBroker legal services help you understand and manage GST for your commercial properties. Whether you are buying, selling or leasing, our team ensures you follow all GST rules. Reach out to NoBroker for straightforward guidance on all your property legal needs, making your real estate transactions easier. 

FAQs About GST on Commercial Property

Q1: How to calculate GST on commercial property?

Ans: To calculate GST on commercial property, multiply the taxable amount by the GST rate, typically 18% for rentals and 12% for new constructions.

Q2: What is the GST on commercial property rent limits?

Ans: The GST on commercial property rent applies if the annual rental income exceeds ₹20 lahks or ₹10 lahks for special category states.

Q3: What is the GST rate for commercial property under construction?

Ans: The GST on commercial property under construction is 12%.

Q4: Can I claim GST credits on commercial property construction?

Ans: Developers can claim the Input Tax Credit (ITC) for GST paid on construction inputs. 

Q5: How does GST impact commercial property leases?

Ans: GST at 18% must be added to lease agreements for commercial properties, and this cost is usually passed on to tenants.

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priyanka.saha,Author

Hailing from Kolkata, Priyanka, a lover of literary classics, finds immense joy in exploring the nuances of language. With an unwavering love for reading stories and a profound passion for storytelling and wordplay, she effectively communicates relevant and practical information about the Indian realty market in a distinctive manner. Through her blogs, she skillfully immerses readers into the world of real estate, guiding them through every nook and cranny of the industry.