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proof of Place of business under rental income gst registration

Rakesh Sharma

Dear members,

If an assessee has only commercial rental income liable for gst registration , then what will be place of business at a time of registration? residential address or property for which rental income generates. (Rental income will come from 03 different address in same district. )

Clarification on GST registration: Use residential address as primary place of business; list rental properties as additional locations. An individual inquired about the appropriate 'place of business' for GST registration when only earning commercial rental income from multiple properties. One respondent clarified that, under the CGST Act, the place of business could be where the individual maintains their books of account, as there is no fixed establishment. Another suggested using the residential address as the primary place of business and listing the rental properties as additional places of business. (AI Summary)
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KASTURI SETHI on Apr 4, 2022

Your place of business will be as per Section 2(85)(b) of CGST Act as you have no fixed establishment at the place where commercial property is located.

Section 2(85) of CGST Act “place of business” includes -

(a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or

(b) a place where a taxable person maintains his books of account; or

(c) a place where a taxable person is engaged in business through an agent, by whatever name called;

Section 2(50) of CGST Act “fixed establishment” means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs;

Shilpi Jain on Apr 11, 2022

You could give your residential address as place of business and add the 3 other premises as additional place of business.

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