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Issue ID: 118699
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GST on construction of buildings

Date 17 Aug 2023
Replies 5 Replies
Views 3139 Views
GST on construction services to landowners: liability may arise under joint development where developer supplies construction services to landowner.
Liability to pay GST arises where a landowner receives constructed flats under a joint development arrangement; for agreements on or after 1 April 2019 the construction component received by the landowner is taxable and its value is determined by amounts charged for similar apartments to independent buyers near the joint development date, with a one third deduction allowed towards the value of land. Contractual allocation of GST liability and the precise transaction structure can, however, affect tax treatment and input tax credit consequences. (AI Summary)

I am the owner of a land given the land to the builder for construction of Apartment on the condition that after construction 50% of the constructed building/flat will be given to me. After construction the builder has given me the 50% of total constructed flat but charged GST on material and service used in constructing such building or flat.

Am I eligible to pay the GST amount charged by the builder, please elaborate

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