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GST for resale of under construction flat from first owner

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Once, when I was reselling my under construction property, I was wondering about GST on resale of under construction property

. I got help regarding this from my neighbor who is a lawyer.  

He told me that

the

GST on the resale of an under-construction flat from the first owner depends on whether the property is being sold before or after the issuance of the completion certificate

. Moreover, you must check below points: 

  • Sale Before Issuance of Completion Certificate:

    If you are selling the property before the issuance of the completion certificate, it is a supply of under-construction property. You are required to pay a 5% GST for under-construction residential properties

  • Sale After Issuance of Completion Certificate:

    If you are selling the property after the issuance of the completion certificate, it is a sale of a completed property. This sale of a completed property is completely exempt from GST.

  • Stamp Duty and Registration Charges:

    While GST is not applicable if there is a sale of completed property, buyers would still be required to pay stamp duty and registration charges during the resale process.

I have tried to explain about

GST on resale of under construction property

what I have learned from my neighbor. 

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2 2021-11-19T21:05:27+00:00
Hi Parvindar, Thank you for your reply. Below answer I have received from CBIC Mitra Helpdesk. Dear Sir/Mam, Thank you for contacting CBIC Mitra Helpdesk. We have received your support request, and we understand you want clarification in case resale of flat which was purchased before GST regime regarding:-
  • Additional taxes applicable.
  • Difference amount that need to be pay.
  • VAT applicability at the time of purchase.
This is to inform you that,
  • You don’t need to pay any additional amount at the time of resale of flat.
  • Also, there is no such difference amount that need to pay by you.
  • To have clarification regarding the VAT applicability, kindly contact to the state tax authority.
For further clarification regarding the invoice kindly refer the CGST rules, click http://www.cbic.gov.in/htdocs-cbec/gst/18.07.2019_CGST_Rules-2017-Part-A.pdf Regards,  
0 2021-11-19T20:34:18+00:00
Hi Parvinder, Thank you for your reply. First owner has paid entire consideration including VAT to to builder. Though this flat has not received CC but flat is in ready to move condition and CC will be received in the last week of December. I am buying this flat from first owner and not paying any amount to builder. Then to whom I need to pay GST amount. Regards, Sanjay
0 2021-11-16T17:45:32+00:00

Hey buddy,

GST on resale flat is 12% in case it is under construction. However, GST doesn’t apply to the resale of an old property or the sale of a completed property (where a completion certificate has been issued).

From April 2019, the GST Council cut the tax rates from 12% to 5% on residential properties and from 8% to 1% for the affordable housing segment. However, no ITC benefits would be available under the new tax rate policy. 

I hope you like my answer on GST on resale of flat that is under construction.

Thanks!

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