• Commercial office leased falls under GST or not

I am running software development and commercial office space is leased , I want to know that if it falls under GST or not, Monthly rent is 16000/- , I am deducting 10% TDS and making them transfer of 14400/- , Now I am not sure if GST is to be paid or not, I had talk with owner, they say that they dont fall under GST and they don't have to pay GST, my CA says that GST needs to be paid, if GST is not paid by the owner then I need to pay that it's reverse mechanism , And owner says that they consulted their CA and they are not liable to pay GST.  What should I do now? 
Asked 6 years ago in GST

If the owner's aggregate turnover is less than Rs. 20 lakhs, he need not register and charge GST.

If you are registered under GST, you will have to charge GST under reverse charge mechanism @18%.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

The purpose of this mechanism is to increase the tax compliance and tax revenues taking unorganized sector in the ambit. If the service provider i.e. landlord is not registered under GST, the recipient of services i.e. You are liable to pay GST under reverse charge.

Whether or not the owner agrees, you'll have to charge GST if you're registered under GST.

You may claim such GST paid as Input tax credit.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

You must be paying gst on services provided by you (say 50000). You may take the input tax credit for the gst on rent paid under reverse charge (say 20000).

This means-

Your net gst liability = 50000-20000 = 30000

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Your CA Is right you have to pay GST on rent under RCM , and take input tax credit , now your question is how input works -

You pay GST on telephone bills, banks , stationery which is your input GST and you are charging GST on your sales/services which is out put GST at the end of month you have to pay net GST to government I e Output-input and if Result comes negative then you can carry forward such input in next month

Lalit Bansal
CA, Delhi
773 Answers
61 Consultations

5.0 on 5.0

Yes, in this case, you have to pay GST under reverse charge.

Reverse charge is the case wherein instead if service provider, service receiver is liable to pay GST. It happens in cases wherein service are taken from unregistered suppliers.

You can pay GST and adjust that GST from your output tax liability.

Please feel free to call/ revert in case you need more clarity

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Commercial office leased falls under GST or not

U WILL PAY GST UNDER REVERSE CHARGE AND TAKE CREDIT...SO NO LOSS OF MONEY TO YOU

Every registered person (including composition dealer u/s 10) is required to pay GST on every inward supply (purchase) of goods or services from any unregistered person. The implication of this provision is that even if a registered person (GSTIN Holder) book expense of Rs. 10 say for tea/snacks in his accounts, he is required to pay tax on the same under reverse charge mechanism.

IT MEANS YOU LIABILITY TO PAY GST WILL REDUCED BY THIIS ITC

Shiv Kumar Agarwal
CA, Delhi
489 Answers
74 Consultations

5.0 on 5.0

Hello,

If your owner is not registered under GST, then you will be liable to pay gst under RCM basis. Do not worry about the extra cost as will be elligible to adjust the same in your next returns.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

Hello,

It is not going from your pocket but needs additional working capital. You have to pay tax under RCM while filing your returns and can be adjusted as Input Tax Credits while filing your next returns.

Regards,

Keerthiga Padmanabhan

M.Com., CA, LL.B

Keerthiga Padmanabhan
CA, Greater Mumbai
784 Answers
27 Consultations

5.0 on 5.0

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