• Service tax who has to pay for landlord share portion in development agreement

We had given our land for development in Hyderabad Telangana and signed the agreement on 02/07/2014 with 45% to us and 55% to builder.We paid long term capital gain for 55% of the property builders share.We are salaried persons and pay Incometax.The plan sanction of GHMC is dated 04/01/2016 and date of occupancy certificate is 21/11/2017.We have sold 35% (31/2) the property and paid capital gain long and short time.
Now the builder is asking us to pay service tax for 45% of the property at the rate on first flat sold plus interest on the amount till date from first sale.No notice served to us yet.
Our question is :-
1)Do we have to pay service tax.We where asked to pay service tax in builders account as we do not have a service tax account as salaried class.
2)Are we supposed to pay any other taxes on the sold and to be sold property if we do not have to pay service tax.This is besides the capital gain short and long time.As all this pertains to period before year 2018.
Please inform
Thanks 
Vijayalakshmi
Asked 4 years ago in Service Tax

In circular 151/2/2012 it was made clear, that, for the period after 01/07/2010, construction service provided by the builder/developer is taxable in case any part of the payment/development rights of the land was received by the builder/ developer before the issuance of completion certificate and the service tax would be required to be paid by builder/developers even for the flats given to the land owner.

Service tax is liable to be paid by the builder/developer on the ‘construction service’ involved in the flats to be given to the land owner, at the time when the possession or right in the property of the said flats are transferred to the land owner by entering into a conveyance deed or similar instrument(eg. allotment letter).

In the above circular it was clarified that sale of land to builder was not a taxable service.

Builder was only liable to collect service tax from you and deposit the same to government for construction services provided.

No other than this direct and indirect tax no other tax is required.

 

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Thank you.

Naman Maloo
CA, Jaipur
4277 Answers
97 Consultations

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Hi,

 

Hope you are doing well !!

 

1. Yes, you are required to pay the service tax only on constriction services provided by developer.

 

2. No other tax is required.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

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