Most companies consider paying the rent on their commercial property as one of their operating expenses. But did you know that the GST (Goods and Services Tax) is applicable to rent paid on commercial real estate in India?
Rent on commercial property must certainly take GST into account. Under the GST system, commercial property rent constitutes a taxable supply of services. As a result, to avoid fines or other problems with the law, both the landlord and the tenant must be aware of the GST implications on commercial property rent.
Let us investigate the various aspects of GST on commercial property rent in India, such as the applicable rates, threshold limits, input tax credits, and more.
GST Effects on Commercial Property Rentals
You can comply with the GST laws and regulations if you know how GST affects commercial property rent. By doing this, you can avoid getting in trouble with the law.
As a landlord, you can receive an input tax credit (ITC) on the GST you paid for the supplies and labor used to maintain and repair your commercial property. Your overall tax obligation may drop as a result.
Tenants must account for the GST on commercial property rent when planning their budget for expenses. It is your duty as a landlord to invoice and collect the GST from the tenant. Failing to do so can result in financial losses.
GST Applicable to Commercial Property Rentals
Today, renting commercial property has emerged as a new source of income or investment for people. These include establishments that generate cash by conducting business there, such as stores, offices, industrial buildings, showrooms, hotels, etc. The GST calculation for the rent is here.
Standards for GST on Commercial Property Rent
The exemption amount is Rs.20 lakh/annum (or Rs. 10 lakhs in some cases), and if a property owner earns more than this amount from renting out commercial property for any other business, they must register for GST.
GST Rates for Commercial Rentals
For commercial rental property, the GST rate is 18% of the monthly rent. Whether the landlord registered for GST or not, if the tenant is, they are responsible for paying it when the space is for commercial purposes.
The rental rates for commercial properties are various. A GST of 12% with ITC and 5% without ITC applies to commercial real estate.
Rent on Commercial Property Input Tax Credit
An individual may use the GST payment for his other taxable income. In other words, claiming an ITC for GST is simple if the requirements are satisfied.
The tenant must use the rental property for commercial purposes and be a registered GST taxpayer to be eligible to claim ITC on commercial property rent.
If the tenant claims ITC on the GST paid on the rent amount when submitting their GST returns, the ITC calculation occurs in this manner. The GST rate applicable to the rented property is the basis for determining the ITC amount.
To be eligible for ITC, you must fulfill the following requirements:
- The tenant must possess current tax invoices or other records from the landlord.
- The invoice must make a specific note of the GST due for the rent.
- You must use the rent only for business purposes to claim the input tax credit.
- ITC limitations: There are a few limitations on claiming ITC for commercial property rent.
- You cannot claim ITC if you use the property for non-business purposes.
- ITC can never be reclaimed if the tenant chooses the composition scheme or the property is GST-exempt.
- It is crucial to keep accurate records and documentation of rent invoices and related documents to back up ITC claims.
GST Complaint Commercial Real Estate Rental
Landlords in India who receive rent for the commercial property must adhere to GST registration requirements. Let’s see them below.
Landlords must register for GST if their rental income comes from commercial properties and exceeds a certain threshold. GST registration thresholds cover 20 lakhs (or 10 million for certain category states).
Regional Supply: Landlords leasing out commercial properties in several states must register for GST, regardless of their annual revenue.
Even if the landlord’s rental income is below the threshold, they may choose to register for GST. As a result, they can claim an ITC for the costs associated with the property.
Tax Invoicing and GSTIN: The landlord will receive a Goods and Services Tax Identification Number (GSTIN). They must send tax invoices to tenants that note the GST is payable on top of the rent amount.
GST Returns
Regular GST returns, such as GSTR-1, GSTR-3B, and annual returns (GSTR-9), must be filed by registered landlords. These returns include information about rental income, GST gathered, and ITC received.
Remitting GST: Tenants must pay any applicable GST to landlords, who must send that money to the government within the allotted time frame. The property’s characteristics and the terms of the lease influence the rates of GST.