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        Govt to discuss bringing real estate under GST in Nov

        October 12, 2017

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        Washington, Oct 12 (PTI) The issue of bringing real estate under the GST's ambit will be discussed next month, Finance Minister Arun Jaitley said today, as he acknowledged that it is the one sector where maximum amount of tax evasion and cash generation takes place.

        The matter will be discussed in the next meeting of the GST Council to be held on November 9 in Guwahati, Jaitley said while delivering the 'Annual Mahindra Lecture' on India's tax reforms at the prestigious Harvard University.

        "The one sector in India where maximum amount of tax evasion and cash generation takes place and which is still outside the GST is real estate. Some of the states have been pressing for it. I personally believe that there is a strong case to bring real estate into the GST," Jaitley said.

        The Goods and Services Tax (GST) was implemented from July 1 this year. It brings the economy under a uniform tax regime.

        "In the next meeting itself, we are addressing one of the problem areas or at least (having) discussion (on) it. Some states want, some do not. There are two views. Therefore, by discussion, we would try to reach one view," he said.

        The move would benefit the consumers who will only have to pay one "final tax" on the whole product, Jaitley said.

        "As a result, the final tax paid on the whole product in the GST would almost be negligible," the minister said.

        Jaitley said the reduction in eventual expenditure coupled with incentivising people to enter the tax net may also help reduce the size of "shadow economy".

        A 12 per cent GST is levied on construction of a complex, building, civil structure or intended for sale to a buyer, wholly or partly. However, land and other immovable property have been exempted from the GST.

        On demonetisation, Jaitley said it was a "fundamental reform" which was necessary to transform India into a more tax-compliant society.

        "If you see the long-term impact of it, demonetisation brought in more digitised transactions; it brought the issue to the centerstage. It expanded the individual tax base. It compressed the cash currency by three per cent which was operating in the market.

        "Those objectives are for the long-term. No doubt there are short-term challenges, but (necessary) for transforming India from a non-compliant to a more compliant society," he said.

        The finance minister said India had historically been one of the least efficient tax system in the world with an extremely small tax base.

        "Frankly, over the last several decades, serious efforts, real efforts to expand this base had not been made. You had marginal efforts," he said, adding that systematic efforts to challenge the "shadow economy" were made only recently.

        "In the last few years, the bulk of the increase in tax payers has not been in terms of number of companies but individuals who are coming into the tax net," he said.

        Jaitley said some people had "misunderstood" the objective of demonetisation "which wasn't to confiscate somebody's currency".

        "Obviously if somebody has currency and deposits in the bank, it does not become lawful holding. They still have to account for it. Therefore, the anonymity which was attached to a cash currency came to an end and that holding got identified.

        "The government was able to trace out about 1.8 million people whose deposits are disproportionate to their normal incomes. And they are all answerable to the law and pay their taxes," he said.

        Jaitley is on a week-long stay in the US, during which he will participate in annual meetings of the IMF and the World Bank.

        The Indian real estate market is expected to touch USD 180 billion by 2020. The housing sector alone contributes 5-6 per cent to the country's Gross Domestic Product (GDP), according to India Brand Equity Foundation, a Trust established by the Department of Commerce, Ministry of Commerce and Industry.

        Real estate under GST: Council to discuss including property transactions in the unified tax to boost compliance and simplify levy. Bringing real estate within the ambit of the Goods and Services Tax is under consideration, with construction for sale currently subject to a 12 per cent GST while land and immovable property remain exempt. The proposal seeks to align levy and exemption rules to create a single tax incidence on property products, broaden the tax base, reduce the shadow economy, and integrate tax credits to lower final consumer burden, alongside enhanced compliance measures to identify disproportionate deposits and non-compliance.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Real estate under GST: Council to discuss including property transactions in the unified tax to boost compliance and simplify levy.

                                Bringing real estate within the ambit of the Goods and Services Tax is under consideration, with construction for sale currently subject to a 12 per cent GST while land and immovable property remain exempt. The proposal seeks to align levy and exemption rules to create a single tax incidence on property products, broaden the tax base, reduce the shadow economy, and integrate tax credits to lower final consumer burden, alongside enhanced compliance measures to identify disproportionate deposits and non-compliance.





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