• GST on balance consideration after Occupation Certificate is received

I booked a flat in under construction property in January 2015 under 20 : 80 scheme. 20 % paid immediately with applicable service tax and vat. The agreement for sale is not executed as yet. After receiving the Occupation Certiicate in May 2018 builder raised demand for balance 80% but has charged GST at 12 % on balance 80 % consideration amount and on the additional charges payable to him on possession. Am I liable to pay GST now as the property is ready to move in and my sale agreement will be executed after the date of Occupation Certiicate
Asked 6 years ago in GST

Since the flat was booked under construction and construction has been completed after GST implementation, GST shall have to be paid by you.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Hi,

Since you have booked the flat under construction and OC has been received post implementation of GST, you are liable to pay GST.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Entire consideration should be paid after receiving occupation certificate. In your case you paid 20% at the time of booking and remaining after OC is received therefore you are liable to pay GST.

Vivek Kumar Arora
CA, Delhi
4840 Answers
1037 Consultations

5.0 on 5.0

Yes, you will be liable to pay GST since you booked an under construction property and the construction completion is post GST becoming effective.

Hope that clarifies.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

As per the provision of law, if a person has even if the paid the advances before occupancy certificate, then on entire amount it has to pay GST, even though occupancy certificate is not executed

Vidya Jain
CA, Kolkata
1010 Answers
58 Consultations

4.8 on 5.0

Yes you are liable to pay GST now on amount you paid after receiving Occupation certificate.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

You are liable to pay GST as there is a "supply of goods or services" within the meaning of the GST Act.

12% is the rate that is applicable. However, if your apartment is coming within the meaning of affordable housing, the GST is now applicable @ 8%. You may read an interesting article on this issue at https://taxguru.in/goods-and-service-tax/clarification-enable-availing-8-gst-affordable-housing.html

Further, even if GST is charged @ 12%, there will be input credit that is available to the builder. You may negotiate with the builder to reduce the price by passing on the input credit to you at least partially. The builder may or may not agree for this but you may try to negotiate.

B Vijaya Kumar
CA, Hyderabad
1001 Answers
124 Consultations

5.0 on 5.0

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