Service tax on residential properties let out for residential purpose

[Vineet Malu]

Hi,

Please can anyone help on this. I am renting out my home for residential purpose. The owner advised me that his property is owned by his Ltd company and I need to pay service tax.

Having gone through this forum and extensive research I couldn't find the information that do I or the landlord pay the service tax even though it's let out for residential purpose and the total rent value in any year is much less than 10 Lakhs. The only catch is that the property is in the name of the landlords pvt Ltd company.

Please advise? Also if this agreement is subjected to service tax can I as a tenant take rebate on the service tax? My landlord advised that I can take rebate from other service taxes I have paid (like on electricity or mobile bills etc) to set off against the service tax to be paid on rent.

Thanks

[Ganeshan Kalyani]

As per Sec. 66D (m) of Finance Act, 1994, services by way of renting of residential dwelling for use as residence; is not liable to service tax.

[DR.MARIAPPAN GOVINDARAJAN]

I endorse the views of Shri Ganeshan.

[Mahir S]

Yes Sir , no payment of service tax if properties are let out for residential purposes.

However, service tax is payable if the property is let out for commercial purpose.