In a significant move to curb revenue leakage, the Goods and Services Tax (GST) Council, during its 54th meeting on September 9 in New Delhi, decided to bring the renting of commercial property by unregistered suppliers to registered recipients under the Reverse Charge Mechanism (RCM).
This decision shifts the GST payment responsibility from the supplier (landlord) to the recipient (tenant) for commercial property rentals. The change aims to streamline tax collection and compliance, particularly when the supplier is not registered under GST.
As a result of this shift, registered taxpayers renting commercial properties from unregistered landlords must now determine their GST liability across all leased locations, increasing compliance responsibilities for such businesses.
The GST Council also provided a much-needed clarification on the tax treatment of Preferential Location Charges (PLC). PLC, often charged by builders for premium locations within a building complex, has been the subject of taxability confusion.
The Council clarified that PLC forms part of the same supply as construction services. Thus, it should be taxed at the same rate applicable to the main construction service. For residential constructions, the tax rate is 5%, while commercial constructions are taxed at 12%.
This clarification puts to rest earlier concerns, as some rulings under GST had suggested that PLC should be taxed separately at a higher rate of 18%. The Council’s decision aligns with favorable rulings from the previous service tax regime, which treated PLC as bundled with construction services.
The decision provides relief to builders, ensuring consistent tax treatment for construction services and PLC, resolving lingering doubts on the issue.
This move by the GST Council is expected to streamline taxation processes and reduce ambiguity for both taxpayers and builders involved in real estate transactions.
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