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GST on Hotel industry

Date 25 Sep 2017
Replies3 Replies
GST classification for hotel services creates slabbed rates and varying input tax credit rules across accommodation and ancillary supplies.
GST treatment of hospitality services establishes differentiated tax rates and input tax credit consequences across service categories. Room accommodation is taxed on a slabbed per day tariff with varying GST and ITC availability. Restaurant, catering and bundled venue plus food supplies attract specified GST rates with ITC; alcoholic beverages fall outside GST and require separate invoicing. Ancillary services (cab rental, currency exchange, laundry, telecom, beauty, gym, club) carry distinct rates and ITC positions based on service nature and who bears consumable costs. Place of supply rules locate accommodation and event services at the immovable property; time of supply treats delivered food as taxable on delivery and advances as taxable on receipt. (AI Summary)

Introduction: This article discusses in detail about the GST taxability of services of provided by hotel  industry.

Types of services provided by Hotel Industry:

  1. Room accommodation services.
  2. Serving of foods and liquor in restaurant and in room.
  3. Rent a cab.
  4. Mandap keeper.
  5. Banking and financial services like foreign currency exchange.
  6. Supply of packed food items as mini bar.
  7. Renting out the premises for events, conferences etc.
  8. Catering.
  9. Laundry services.
  10. Business support services.
  11. Telecommunication services like telephone, fax, wifi.
  12. Beauty parlour
  13. Gymnasium services.
  14. Club Facility

Applicable GST Tax Rates

Renting of hotels, inns, guest houses, clubs, campsites or other commercial places

Sl. No.

Room Tariff Per Day

Rate of Tax

1

Less  INR 1,000

0%

2

Between INR 1000 but less than 2500

12% With Full ITC

3

Between INR 2500 but less than 7500

18% With Full ITC

4

INR 7500 or above

28% With Full ITC

 

Supply of Food/drinks in restaurant

Sl. No.

Criteria

Rate of Tax

1

Supply of Food/drinks in restaurant not having facility of air-conditioning or central heating at any time during the year and not having licence to serve liquor.

12% With Full ITC

2

Supply of Food/drinks in restaurant having facility of air-conditioning or central heating at any time during the year

18% With Full ITC

3

Supply of Food/drinks in restaurant having licence to serve liquor   

18% With Full ITC

4

Supply of Food/drinks in outdoor catering     

18% With Full ITC

5

Bundled service by way of supply of food or any other article of human consumption or any drink, in a premises (including hotel, convention center, club, pandal, shamiana or any other place, specially arranged for organizing a function) together with renting of such premises

18% With Full ITC

6

Supply of Food/drinks in air-conditioned restaurant in 5-star or above rated Hotel

18% With Full ITC

7

Services by way of admission to entertainment events or access to amusement facilities including exhibition of cinematograph films, theme parks, water parks, joy rides, merry-go rounds, go-carting, casinos, race-course, ballet, any sporting event such as IPL and the like;

28% With Full ITC

Point to be Noted:

  1. Serving of Alcoholic drinks will be outside the preview of GST and local sales tax or VAT shall be applied on the same.
  2. It is advisable for the hotel to issue the separate bills for alcoholic drinks and foods.
 

RENT A CAB

 

1

Rent a cab (If fuel cost is borne by the service provider)

5% with No ITC.

 

ITC shall be available if cab is booked from other cab operator.

 

2

Rent a cab (If fuel cost is borne by the service recipient)

18% with ITC Credit.

 
 
 

 MANDAP KEEPER

1

Bundled service by way of supply of food or any other article of human consumption or any drink, in a premises (including hotel, convention center, club, pandal, shamiana or any other place, specially arranged for organizing a function) together with renting of such premises

18% With Full ITC

 

FORIEGN CURRENCY EXCHANGE SERVICES

1

In case of currency exchange to its guest

18% with ITC Credit, but valuation shall be done as per valuation rules

Valuation of currency Rules

1

Between INR 0 to 1 Lakh

1% or ₹ 250/-, Whichever is higher

2

 More than INR 1 Lakh to 10 Lakhs

₹ 1,000 + 0.50%

3

 More than INR 10 Lakhs

₹ 5,000 + 0.10%  or  ₹ 60,000/-, Whichever is lower

 
 

SUPPLY OF PACKED FOOD IN MINI BAR

 

1

Supply of packed food in mini bar

Rate shall be as per product rate.

 
 
 
 

Other Services

1

Renting out the premises for events, conferences

18% with full ITC Credit.

2

Laundry services

18% with full ITC Credit.

3

Business support services

18% with full ITC Credit.

4

Telecommunication services like telephone, fax, Wi-Fi.

18% with full ITC Credit.

5

Beauty parlour

18% with full ITC Credit.

6

Gymnasium services

18% with full ITC Credit.

7

Club Facility.

18% with full ITC Credit.

How to determine place of supply in case of hotel industry:

Nature of Services

Place of Supply

Accommodation by a hotel, inn, guest house, home stay club or campsite

 Location of immovable property

Accommodation by a hotel for organising marriage or  reception or matters related thereto official, social, cultural, religious, or business function

 Location of immovable property

Any services ancillary to the above

 Location of immovable property

Restaurants or  catering services, personal groomig, fitness, beauty treatment, health services

Location where services are actually performed

 Time of Supply:

In case of Food, time of supply would be immediately after the delivery happens

In case of service, time limit of 30 days available for raising the invoice.

For advance booking, the time of supply is due immediately on receipt of money.

Input Tax Credit

 Input tax credit is available:

  • in case of all purchases of materials for day to day operations of the Hotel.
  • in case of purchase of capital goods like furniture & fixtures etc,  cutlery, bed linen, utensils etc.
  • Plant & Machinery

Input tax credit is not available:

  • For purchase of Liquor, input tax credit not available.
  • New investment in building (immovable property) self constructions.

The author is a practising CA based in Delhi and is registered Insolvency Professional. He can be reached at [email protected] , Mob. +91 9953587496.

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