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        Case ID :

        Effective tax rate on complex, building, flat etc.

        December 9, 2018

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        It is brought to the notice of buyers of constructed property that there is no GST on sale of complex/ building and ready to move-in flats where sale takes place after issue of completion certificate by the competent authority. GST is applicable on sale of under construction property or ready to move-in flats where completion certificate has not been issued at the time of sale.

           Effective rate of tax and credit available to the builders for payment of tax are summarized in the table for pre-GST and GST regime.

        Period

        Output Tax Rate

        Input Tax Credit details

        Effective Rate of Tax

        Pre- GST

        Service Tax: 4.5%

        VAT: 1% to 5%

        (composition scheme)

        Central Excise on most of the construction materials: 12.5%

        VAT: 12.5 to 14.5%

        Entry Tax: Yes

        No input tax credit (ITC) of VAT and Central Excise duty paid on inputs was available to the builder for payment of output tax, hence it got embedded in the value of properties. Considering that goods constitute approximately 45% of the value, embedded ITC was approximately 10- 12%.

        Effective pre-GST tax incidence: 15- 18%

        GST

        Affordable housing segment: 8%,

         

        Other segment: 12% after 1/3rd abatement of value of land

        Major construction materials, capital goods and input services used for construction of flats, houses, etc. attract GST of 18% or more.

        ITC available and weighted average of ITC incidence is approximately 8 to10%.

        Effective GST incidence,

        for affordable segment and for other segment has not increased as compared to pre- GST regime.

         

        Housing projects in the affordable segment such as Jawaharlal Nehru National Urban Renewal Mission, Rajiv Awas Yojana, Pradhan Mantri Awas Yojana or any other housing scheme of State Government etc., attract GST of 8%. For such projects, after offsetting input tax credit, the builder or developer in most cases will not be required to pay GST in cash as the builder would have enough ITC in his books of account to pay the output GST.

          For projects other than affordable segment, it is expected that the cost of the complex/ buildings/ flats would not have gone up due to implementation of GST. Builders are also required to pass on the benefits of lower tax burden to the buyers of property by way of reduced prices/ installments, where effective tax rate has been down.

        GST on property sales: completed units exempt, under construction sales taxable; input tax credit often offsets builders' liability. Sale of a completed building or ready-to-move-in flat after issuance of the completion certificate is not subject to GST, whereas under-construction property or sales where the completion certificate is not issued at the time of sale are taxable. Under GST, affordable housing attracts a lower rate and other housing is taxed after abatement; major inputs attract higher GST but input tax credit availability yields a weighted ITC benefit that often offsets the output tax, frequently eliminating cash GST payable for affordable projects.
                          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.

                                GST on property sales: completed units exempt, under construction sales taxable; input tax credit often offsets builders' liability.

                                Sale of a completed building or ready-to-move-in flat after issuance of the completion certificate is not subject to GST, whereas under-construction property or sales where the completion certificate is not issued at the time of sale are taxable. Under GST, affordable housing attracts a lower rate and other housing is taxed after abatement; major inputs attract higher GST but input tax credit availability yields a weighted ITC benefit that often offsets the output tax, frequently eliminating cash GST payable for affordable projects.





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                                ActsIncome Tax
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