Taxability on Renting of Residential Flat

[GAURAV SHARMA]

The R.T.P is registered under GST & he has given one of his residential property on rent, if the tenant use the property for PG (Paying Guest) service.

What is the GST impact in the hands of landlords?

[Shilpi Jain]

If the tenant is registered then the tenant is required to pay GST under RCM.

What is the duration of stay by the end users of the PG?

[Ganeshan Kalyani]

The residential property is given to tenant who would be using it as paying guest house. So the nature of supply is that of commercial. The landlord who is registered have to pay GST under forward charge.

[Padmanathan KV]

Can you pls re-phrase the question? is the landlord letting and the tenant sub-letting as PG? and what is the nature of agreement between the landlord and the tenant, etc?

prima facie it appears that landlord may not be renting the immovable property to tenant for residential purpose as in residential renting agreement, usually there will be a clause against sub-letting. Hence, even the landlord may not be covered by the exemption entry.

[KALLESHAMURTHY MURTHY K.N.]

Issue ID 118823

Sri Gaurav Sharmaji

Sir,

The tenant is running the business in the rented property. There is the authority to give a license to perform commercial activities in the residential building. If the tenant is the holder of such a licence, the liability to pay GST lies on the tenant subject to the threshold limit for registration under GST. The landlord is responsible for gst under forward charges, to the extent of amount of rent received by him according to the rental agreement since he is registered.

This is my personal view, not a professional opinion.

AI Summary

GST on commercial use of rented residential property: liability may fall on landlord or tenant depending on registration and agreement. Where a residential flat is let for use as a paying-guest service, the supply is characterized as commercial: a registered landlord may have to pay GST under forward charge on rent received, while a registered tenant conducting business may be liable under reverse charge; applicability of the residential-renting exemption depends on the lease terms, any licence for commercial use, and the registration threshold.