2. Position as on/after 25 09 2025 (post-GST rate revision wef 22 09 2025):
1. Residential rental income
Renting of a residential dwelling for use as residence continues to be exempt from GST under Notification No. 12/2017-CTR (as amended).
However, taxability depends on the use and recipient:
- If rented for residential use (personal dwelling) Exempt (Nil GST).
- If rented to a registered person for business purposes Taxable @ 18% under Reverse Charge Mechanism (RCM) (tenant pays GST).
- If rented to a registered person in personal capacity for residence Still exempt (clarified position continues).
Thus, the rate is effectively 0% or 18% depending on use, but no change in rate structure occurred in Sept 2025.
2. Commercial rental income (non-residential property)
Leasing/renting of commercial property (shops, offices, warehouses, etc.) is treated as supply of services and is taxable @ 18% GST.
Key legal position post-Sept 2025:
- GST rate remains 18% (no change after 22 09 2025 reforms).
- Forward charge (FCM): Where landlord is registered landlord charges GST.
- Reverse charge (RCM):
- If unregistered landlord registered tenant (normal scheme) GST payable by tenant under RCM (as amended up to 2025).
3. Impact of September 2025 GST changes
The GST restructuring effective 22 September 2025 rationalised slabs (0%, 5%, 18%, 40%), but did not alter the taxation of renting services, which continue under the standard 18% rate or exemption.
Conclusion (precise):
- Residential rent (for residence): Exempt (0%)
- Residential rent (for business / to registered entity): 18% (generally under RCM)
- Commercial rent: 18% (FCM or RCM depending on parties)
No specific change in GST rate on rental income was introduced wef 25 09 2025; only the broader rate structure changed, leaving rental taxation substantively unchanged.