• GST on Society charges paid to builder on time of possession

I have bought a new flat in Thane region.
At the time of possession I need to pay specific amount as socitey charges to builder ,please find its breakup below.

Formation  and Registration of said Organisation : Rs.3000/-
Infrastructure Cost : Rs.30,000/-
Club House Charges : Rs.50,000/-
Munciple Development Charges : Rs.70,000/-
Transfer/Electric Meter Charges : Rs.50,000/-
Legal Charges : Rs.5000/-
Solar /Power Backup : Rs.20,000/-
Water Connection Charges : Rs.15,000/-
Share Money : Rs.600/-
Society Maintenance charge for 1 Year(Rs.2100/- per month) : Rs.25,200/-
Munciple Charges : Rs.25,000/-

Total amount is Rs.2,93,800/-

Builder is now asking me to pay 18% GST on whole Rs.2,93,800/- Amount which comes across Rs.53000/-
As per my knowledge I am liable to pay GST on maintenence charges if they are above Rs.5000/-
Please advice.
Asked 7 years ago in GST

Hi

Is the cooperative society already formed?

If the payments are made to the society, then the exemption of 5000 is available.

On the other hand, all payments made to the builder for the charges shall be liable to GST.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

All charges that can be considered a part of construction activity shall be chargeable @ 12%; all other charges @18%.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

The exemption of 5k is not available for payment made to builder. It is available for payment made to housing society.

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

Hello,

GST shall be paid @ 12% to builder. Plus it will not be charged on government dues or deposits like Electric Meter Charges/ Power Backup/ Water Charges/ Share Money/ Municiple Charges etc.

Trust this clarifies your query.

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

Thanking You.

Regards,

Rohit R Sharma

BCOM, FCA, LLB, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

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