• GST reduction does not apply on Land Owner Share Flats

Hi,

I have booked a flat in Feb-2019 month with GST 12% which is under construction and as per RERA the possession is in DEC-2019. There is a JDA between Builder and Land Owners. And the flat which I have booked falls under Land Owner's share.
Builder only is selling Land Owner's share flats, but all transactions are happening in the name of Land Owner's name.
And now when I am telling them to reduce the GST price to 5%, it seems they are not ready and giving me below two excuses.
1. They are saying we are allowed whether to continue with old TAX rates i.e. 12% or new TAX rates i.e. 5%.
2. They are saying if we reduce it also, For you it will remain same since you bought flat from Land Owner's share and on which Input TAX Credit does not apply and hence no reduction on GST rates.

Please help me to understand this and why there is difference in Builder Shares and Land Owner Shares.

Thanks,
Sanjay Kumar
Asked 6 years ago in GST

In case of GST on JDA there are two types of transaction involved one between the land owner and builder and second between third party and land owner.

Now the 12% GST rate is on the GST on transaction between the land owner and builder and it's rate can't be reduced to 5% as owner is not allowed to take GST credit and builder is allowed to take GST credit. But I don't think that burden should be on you because builder would charge 5% GST from owner for providing construction services and he should also charge same from you.

If you need any further clarification you can contact me.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

1. Agree with the first point as builders and developers have an option to choose either of the option for the projects under construction before 31.03.2019.

2. In respect to second point, if land owner is selling it before obtaining CC and whole consideration then he is liable to pay GST which is ultimately payable by you.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1136 Consultations

Dear Sanjay,

 

Hope you are doing well !!

 

1. Yes, it is optional. So they can do that.

 

2. As per GST Law, if an immovable property is sold before obtaining BUC, then GST is leviable at 12% which is ultimately your liability.

 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

It is 12%. You are correct. 

Vivek Kumar Arora
CA, Delhi
5015 Answers
1136 Consultations

Your understanding is absolutely correct.

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi,

 

As per the decision taken by the GST Council, the developers of residential projects which are incomplete as on March 31, 2019, will have the option either to choose the old structure with ITC or to shift to the new 5% and 1% rates, without ITC. Builders will get a one-time option to continue paying tax at the old rates (effective rate of 8% or 12% with ITC) on ongoing projects (buildings where construction and actual booking have both started before April 1, 2019, but which will not be completed by March 31, 2019), 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Yes sir, you're interpretations are correct.

 

it is 12% for both Builder and Landowner's. 

 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

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