• GST Applicability on Commercial Property Rental by NRI Partnership

We (two partners, both NRIs with equal 50% partnership) have a commercial property in Karnataka. The property is intended to be leased for use as a hotel by the tenant. The prospective tenant has offered an annual rent of ₹42 lakhs inclusive of GST if any applicable. 
Our understanding is that each partner will receive ₹21 lakhs into his respective NRO account. Our tax consultant has suggested that since the post-TDS amount will fall under ₹20 lakhs per partner, GST will not apply. Is this position correct?
Asked 2 days ago in GST

Your consultant’s reasoning is not correct.

  • GST registration threshold (₹20 lakh for services) is checked on the supplier’s aggregate turnover (gross value)not on post-TDS receipts, and (if it’s a partnership firm) not partner-wise.

  • Renting a commercial immovable property for business (hotel) is a taxable supply (generally 18%). 

Important update (from 10 Oct 2024): If you remain unregistered and the tenant is GST-registered, then GST on renting of any immovable property other than residential dwelling is payable by the tenant under RCM (not by you).
In that case, you can generally stay unregistered if you are only making supplies where GST is payable by the recipient under RCM (registration exemption).

So, practically:

  • If the hotel tenant is GST-registered (regular scheme)Tenant pays GST under RCM; you don’t charge GST on invoice/rent.

Hope you find the information helpful. You are free to contact me for further discussion.

Thank you.

Shubham Goyal
CA, Delhi
554 Answers
21 Consultations

No the understanding is not correct

 

Gross amount of Taxable turnover under GST is for each partner shall be 21 Lacs (42 Lacs / 2)

 

Net of TDS amount is not considered for GST or income tax purpose * so legally you need to take GST Number.

 

However this rental can be structured in way to avoid GST Liability based on rental terms. We can plan that to comply without GST Number and its compliance

Vishrut Rajesh Shah
CA, Ahmedabad
967 Answers
41 Consultations

- Under GST, renting of commercial property is treated as services. The GST rate for the same is 18%

- Is the lease agreement executed in the name of partnership firm or individual partners or any other business structure? 

- Rent of Rs.42 lacs is inclusive of GST@18%. Therefore taxable value will be Rs.35.60 lacs approx.

- For GST registration, threshold limit is Rs.20 lacs per annum. Amount to be considered for GST registration and TDS deduction is taxable value 

- Under Income tax, TDS would be deductible u/s 195 @31.2%. Before each payment, tenant has to file Form 15CB and 15CA

- Under Income tax, rental income would be considered as "Income from business or Profession" or "Income from house property" subject to facts of the case

 

 

For detailed discussion you may opt for phone consultation 

 

 

Vivek Kumar Arora
CA, Delhi
5079 Answers
1206 Consultations

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