TaxTMI 
TaxTMI 
TaxTMI 
Residential Dwelling - RCM
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....esidential Dwelling - RCM<br> Query (Issue) Started By: - Ethirajan Parthasarathy Dated:- 27-8-2022 Last Reply Date:- 2-9-2022 Goods and Services Tax - GST<br>Got 7 Replies<br>GST<br>Recently letting out residential dwelling to registered person is brought to GST under RCM. In one case, an apartment is let out to business entity registered under GST. The landlord is already charging GST under "f....
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....orward charge" Is it now required that landlord should stop charging GST and tenant should start paying GST under RCM Reply By KASTURI SETHI: The Reply: In this scenario, GST is to be paid under RCM. Reply By vijay kumar: The Reply: I differ with Kasturi ji. Prior to 18.7.2022, the exemption entry No.12 under Nofn.12/2017-CT read as - Services by way of renting of residential dwelling for us....
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....e as residence. Post 18.7.2022, the said entry is amended as - Services by way of renting of residential dwelling for use as residence [except where the residential dwelling is rented to a registered person]. In essense, a residential dwelling for use as office/commercial establishment was taxable earlier also, under forward charge. In this case, that is the reason the landlord was charging GST....
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...... Hence it continues to be under forward charge, in my view Reply By KASTURI SETHI: The Reply: There is a phrase , 'Dissent is decent'. Different views on any issue opens the avenues for more knowledge and that too fool-proof and hence in the interest of visitors of this forum. Reply By Amit Agrawal: The Reply: I concur with views of Shri Kasturi Sethi Ji. For reason for my concurren....
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....ce, one may refer to discussions we had on this subject (specially, my post at serial number 11) under Issue-ID 118055 on TMI bearing subject-line as 'GST on service of renting of residential dwelling w.e.f. 18-07-2022 These are strictly personal views of mine and the same should not be construed as professional advice / suggestion. I respect contrary views. Reply By Ganeshan Kalyani: The R....
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....eply: Vijay Sir, the entry now reads as renting of residential dwelling to a registered person is taxable under RCM. Here, the use of the word residential dwelling for use as residence is mentioned, which means it may be for use as residence or use for commercial purpose. RCM is applicable. I agree with both the experts. Reply By KASTURI SETHI: The Reply: Notification says ---"To a regis....
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....tered person". It means registered for business purpose only --- either for supply of goods or services or both. Reply By AdvMurari Kumar: The Reply: agreed with kashturi ji<br> Discussion Forum - Knowledge Sharing ....