Issues FAQ on new tax slabs for real estate sector with rationalization on 41 troubles
A domestic purchaser cannot determine which GST price might be relevant on the quantity ultimate on a below-construction flat. A decreased responsibility changed into made relevant on April 1. Builders have time until Friday, May 10, to exercise a one-time choice of sticking to the vintage charge or going for the new one.
The Finance Ministry has popped out with Frequently Asked Questions (FAQs) on the new GST slabs for the actual property area with rationalization on forty-one issues.
To a question on whether it’s for the consumer or builder who chooses between new and vintage tax prices, the Ministry has clarified that it’s far the builder who can exercise the option to pay tax on the production of residences at the antique charge of 12 per cent. This can be opted for utilizing May 10 at the latest.
“If the builder does no longer physical games, his choice to keep to pay tax on the old charge…The powerful GST fee applicable on all of your (consumer) instalments payable to the builder on or after April 1, 2019, shall be either 1 in step with cent or 5 according to the cent, depending on whether the rental is less costly or other-than-lower priced residential condo,” it said.
If the builder chooses to paste to the antique quotes, the buyer will need to pay 8 per cent (for low-priced) or 12 consistent with cent (for others). The builder, in this case, gets input tax credit (ITC), which must be surpassed directly by the purchaser.
Based on the advice of the GST Council, a -fee shape has been notified for underneath-construction residences or prepared-to-flow-in apartments wherein the of entirety certificate has no longer been issued at the time of sale (consumers do now not ought to pay GST on completed projects). It prescribes 1 in line with cent GST for low-cost homes and 5 consistent with cent for others. There will not be any ITC. The new rates will be relevant to new tasks (released after April 1) and ongoing initiatives.
The FAQ has indexed criteria for the undertaking to be considered as ongoing (for which the builder can exercise a one-time choice of sticking to vintage fees). These consist of the assignment taking off before March 31, 2019, the crowning glory certificate not being issued, or first occupation of the challenge not taking place on or before March 31, and flats that have been, partly or completely, booked on or earlier than March 31. Even initiatives receiving occupation certificates for just a part may be considered ongoing tasks.
In case the promoter or builder does not exercise choice through May 10, it shall be deemed that he has opted for the new costs.
According to MS Mani, Partner with Deloitte India, it is now clear that even projects that started after the date of the statement of the decrease quotes however before March 31 may want to doubtlessly take the gain of ITC and observe the better price of 12 consistent with cent to domestic shoppers.
“It is likewise now clean that the RERA ( Real Estate Regulation and Development Act) registration of a project might be relevant for GST as well, because homes inside the equal undertaking can be one by one registered in RERA and the builder can workout the ITC alternative for one building and forego the same for some other building,” he said.