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GST on Notional rent

Kamalakara kS

Industrial building given on lease basis . Lease amount is ₹ 600 lacks interest free deposit which is refundable after the expiry period of 6 years . No monthly rent . How valuation of rental income for the purposes of GST payment . How GST invoice to be issued. How tenant take GST credit as he is not paying monthly rent .

Leasing Industrial Building with 600 Lakh Deposit Raises GST Valuation, Invoicing Issues; Consider Open Market Value Approach An industrial building is leased with a refundable deposit of 600 lakhs for six years, without monthly rent, raising questions about GST valuation and invoicing. One response suggests treating the deposit as deemed rent, requiring GST payment based on potential earnings from the deposit. Another advises using open market value for valuation. It is noted that without an invoice, the tenant cannot claim GST credit. It is recommended to issue a receipt voucher for the deposit and charge GST, and a refund voucher when the deposit is returned, although no credit is allowed for the tenant. (AI Summary)
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Rajagopalan Ranganathan on Sep 17, 2017

Sir,

According to Section 7 (1) (a) of CGST Act, 2017 " the expression “supply” includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, leaseor disposal made or agreed to be made for a consideration by a person in the course or furtherance of business."

Normally whatever amount you earn by investing ₹ 600 lakhs will be treated as deemed rent and on this amount you have to pay gst. However you seek the assistance of a Cost Accountant to calculate the deemed rent accrued to you.

Himansu Sekhar on Sep 18, 2017

Open market value,

DR.MARIAPPAN GOVINDARAJAN on Sep 19, 2017

I endorse the views of Shri Ranganathan.

Himansu Sekhar on Sep 19, 2017

There is no scope of credit as you are not raising any invoice . valuation will be done as per valuation rules.

Kamalakara kS on Sep 21, 2017

Thanks to all ,but question is how tenant can take credit on notional rent . The land lard will pay GST on market value of rent , How Invoice to be raised. in case land lard issues a invoice ,can tenant can take credit as he is not accounting notional rent in his books of accounts

Nash Industries I Pvt Ltd on Sep 25, 2017

Dear Sir,

Treat as advance. Prepare Receipt Voucher and charge GST. When the Amount is returned, prepare Refund Voucher and the tax is refunded.

No credit is allowed.

Regards

S.Ramaswamy

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