Under Indian GST law, renting of property is treated as a supply of service. The applicability of GST depends on the type of property being rented:
As per Notification No. 09/2024 – Central Tax (Rate) issued by CBIC on October 8, 2024:
Serial No. | Category of Service | Supplier | Recipient |
---|---|---|---|
5AB | Renting of any property other than residential dwelling | Any unregistered person | Any registered person |
Based on the 55th GST Council meeting (Dec 21, 2024), CBIC amended RCM scope under Serial No. 5AB. Effective exclusion:
Serial No. | Category of Service | Supplier | Recipient |
---|---|---|---|
5AB | Renting of any property other than residential dwelling | Any unregistered person | Any registered person except composition taxpayer |
Landlord’s Status | Tenant’s Status | GST Applicable? | Who Pays? | ITC Eligibility |
---|---|---|---|---|
Unregistered | Unregistered | No GST | NA | NA |
Registered | Unregistered | 18% FCM | Landlord | No |
Registered | Registered | 18% FCM | Landlord | Yes |
Unregistered | Registered | 18% RCM | Tenant | Yes |
Registered | Registered – Composition | 18% FCM | Landlord | No |
Unregistered | Registered – Composition | No GST | NA | NA |
Registered – Composition | Registered | 6% FCM | Landlord | No |
Registered – Composition | Unregistered | 6% FCM | Landlord | No |
*FCM = Forward Charge Mechanism | RCM = Reverse Charge Mechanism
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