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Generally speaking, the sale of land is outside the purview of GST as it does not involve the transfer of any good or services. However, in the case of plotted development projects where in addition to the land, basic amenities are provided, GST becomes applicable. This is because the amenities of a plotted development may include the construction of roads, sewerage lines, landscaped gardens, drainage systems, overhead tanks, water harvesting system, etc. which are construed to be services offered.
Leasehold refers to the legal right given to an individual or entity, by the owner, to live in or use a building or piece of land for an agreed period of time. In India, leasehold land most commonly have tenures ranging between 30 to 99 years.
Free Hold land is one which is "free from hold" of any entity besides the owner. The owner owns the building and the land upon which it has been built in perpetuity.
Land constitutes of all things permanently attached to the surface of the earth such as ground, trees, wells, rivers. etc. It is a natural resource that is the centre of all economic activities. Therefore, land is classified on the basis of its economic use, i.e., agricultural land, non-agricultural land and forest land.
In India, GST does not apply to home loans. However, a bank provides a host of additional services along with the home loan which are applicable to a charge of 18% GST. Further, processing fees and other charges levied on disbursing home loans fall within the category of financial and related services, as identified by the HSN code 9971, and are therefore subjected to 18% GST. Input tax credit (ITC) can be availed only on properties used for business purposes. Home loans are typically taken for personal home purchase or construction and not for business use, hence ITC cannot be claimed.
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A GST-registered landlord is liable to pay 18% GST on commercial rental income if it exceeds 20 lac rupees per annum. The landlord can claim input tax credit (ITC) against GST paid if he meets the eligibility criteria and has maintained adequate documentation to substantiate his claim. GST is not applicable on properties leased out for charitable or religious purposes provided the rental charges are below a specific threshold.
Under the present GST regime, landlords are not liable to pay GST against their real estate rental income, provided the premises is let out for residential purposes. Rent arising out of a residential property being used for business is however applicable for GST as services are being supplied. In addition, if the rental proceeds of a residential property exceed 20 lac rupees per annum, GST is applicable at the rate of 18%.
In the case of plotted developments, the developer, landowner, or authority undertaking the project must pay the GST charges on the sale of the developed land within the project. The GST is to be charged on super built-up basis and not the actual measure of the developed plot. Also, any lease, tenancy or right to occupy created for a plot of land is considered to be a provision of services and therefore liable for GST.
Generally speaking, the sale of land is outside the purview of GST as it does not involve the transfer of any good or services. However, in the case of plotted development projects where in addition to the land, basic amenities are provided, GST becomes applicable. This is because the amenities of a plotted development may include the construction of roads, sewerage lines, landscaped gardens, drainage systems, overhead tanks, water harvesting system, etc. which are construed to be services offered.
Flat owners that pay upwards of INR 7,500 per month in maintenance fees are liable to pay GST at the rate of 18% on the full sum paid. An individual who owns multiple apartments in the same housing society, will be taxed separately for each unit. Housing societies and Resident's Welfare Associations that collect more than INR 7,500 per unit per month and have an annual turnover exceeding 20 lac rupees must pay 18% GST. These entities are entitled to claim ITC on tax paid by them on capital goods as well as maintenance and repair services.
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