The Goods and Services Tax (GST) has significantly reshaped the tax landscape in India, affecting various sectors, including real estate. One critical area of interest is the applicability of GST on rental income from commercial property. Whether you are a landlord or tenant, understanding the GST regulations is essential for compliance and financial planning. For landlords seeking financial flexibility, a loan against property by Bajaj Finance can be a valuable resource. This article delves into the details of renting commercial property, GST applicability, registration, compliance, and the impact on rental agreements.
Renting of commercial property
Renting out commercial property involves leasing spaces such as offices, retail stores, warehouses, and other business establishments. These rentals can generate significant income for landlords, but they also come with regulatory responsibilities, including GST compliance.
Commercial properties are rented out for various business activities, and the agreements typically include terms on rent amount, duration, maintenance responsibilities, and other conditions. Understanding the tax implications, particularly GST, is essential for both landlords and tenants to ensure seamless operations and avoid legal complications.
Applicability of GST to rental income
GST on rental income from commercial property is governed by specific provisions:
- Taxable supply: Renting out commercial property is considered a taxable supply under GST law. Therefore, landlords must charge GST on the rental income they receive.
- GST rate: The standard GST rate applicable to rental income from commercial properties is 18%.
- Threshold limit: GST is applicable only if the annual rental income exceeds the threshold limit of Rs. 20 lakh. For special category states, this threshold is Rs. 10 lakh.
- Exemptions: Unlike residential properties rented for residential purposes, which are exempt from GST, commercial property rentals do not enjoy such exemptions and are fully taxable.
GST registration and compliance on rental income
Landlords receiving rental income from commercial property must comply with GST registration and other regulatory requirements.
GST registration process on rental income
If you earn rental income from commercial property and your annual income exceeds the threshold limit (Rs. 20 lakh, or Rs. 10 lakh for special category states), you must register for GST. Here is a step-by-step guide to the GST registration process:
- Visit the GST portal: Go to the official GST portal: https://www.gst.gov.in/
- Click on 'services': Navigate to ‘Services’ on the top menu and select ‘Registration’ from the drop-down menu.
- New registration: Click on ‘New Registration’. This will take you to the application form.
- Fill in the application form: Part A: Enter your details such as the legal name of the business (as per PAN), PAN card, email address, and mobile number. Complete the CAPTCHA and submit.
- Verification: You will receive OTPs on your registered email and mobile number. Enter these OTPs to verify your contact details.
- TRN generation: After verification, you will receive a Temporary Reference Number (TRN).
- Log in with TRN: Return to the GST portal, select ‘Services’ -> ‘Registration’ -> ‘New Registration’, and choose ‘Temporary Reference Number (TRN)’. Log in with the TRN.
- Complete part B of the application: Fill in details about your business, such as business type, address, bank account details, and principal place of business. Upload required documents (proof of address, bank statement, photographs, and authorisation form).
- Business details: Provide information about the nature of your business, including rental income details.
- Verification: Verify the application using one of the following methods: Electronic Verification Code (EVC), e-sign (using Aadhaar), or Digital Signature Certificate (DSC).
- Submission: Apply. Once submitted, you will receive an Application Reference Number (ARN) via email and SMS.
- Application processing: The GST officer will review your application. If all details are correct, you will receive your GSTIN (GST Identification Number) within 7 working days.
- Post-registration compliance: After receiving your GSTIN, you must comply with GST regulations, including issuing GST-compliant invoices, maintaining records, and filing regular GST returns.
Required documents for GST registration
- PAN card: PAN card of the landlord/business.
- Proof of business address: Rental agreement, electricity bill, or property tax receipt.
- Bank account details: A bank statement or a cancelled cheque.
- Identity and address proof of promoters/partners: Aadhaar card, passport, driving licence.
- Photographs: Recent passport-sized photographs of the promoter/partners.
- Authorisation Form: For authorised signatories, including a board resolution or letter of authorisation.
Compliance for GST on rental income from commercial properties
Landlords earning rental income from commercial properties must adhere to several compliance requirements under the Goods and Services Tax (GST) regime. Here are the key compliance aspects to consider:
GST registration:
Landlords whose annual rental income exceeds the threshold limit of Rs.20 lakh (Rs. 10 lakh for special category states) must register for GST.
The registration process involves submitting an online application through the GST portal and providing the necessary documentation.
Issuance of GST-compliant invoices:
Landlords must issue GST-compliant invoices to their tenants. These invoices should include:
- The landlord's and tenant's GSTIN (if applicable).
- Invoice number and date.
- Description of the rental service.
- Value of the rental income.
- GST rate and amount.
- Signature or digital signature of the landlord.
Charge and collect GST:
- The standard GST rate of 18% applies to rental income from commercial properties.
- Landlords must charge and collect GST from their tenants on their rental income.
Input Tax Credit (ITC):
- Landlords can claim ITC on the GST paid on expenses related to maintaining and operating the commercial property (for example, maintenance, repairs, property management services).
- Proper documentation and GST-compliant invoices are necessary to claim ITC.
Filing of GST returns:
Landlords must file regular GST returns, including:
- GSTR-1: Monthly or quarterly return detailing all outward supplies (rental income).
- GSTR-3B: Monthly summary return providing a summary of all sales and purchases.
- Annual Return (GSTR-9): An annual summary of all transactions during the financial year.
- Returns must be filed by the due date to avoid penalties.
Maintaining records:
Landlords must maintain accurate records of all rental agreements, invoices, receipts, and ITC claims.
Records should be kept for at least six years from the last date of filing the annual return for the relevant financial year.
Reverse charge mechanism (RCM):
In certain cases, such as renting to government agencies or entities exempt from GST registration, the recipient may be liable to pay GST under the RCM.
Proper documentation and compliance with RCM provisions are necessary.
Compliance with Anti-profiteering rules:
Landlords must ensure that any benefit from ITC or reduction in GST rates is passed on to the tenants by way of a commensurate reduction in rent.
Periodic reconciliation:
Regular reconciliation of rental income, GST collected, and ITC claims is crucial to ensure accuracy in filings and avoid discrepancies.
Penalty for non-compliance:
Non-compliance with GST regulations can result in penalties, interest on unpaid taxes, and legal actions.
Staying updated with GST rules and timely filing of returns is essential to avoid such penalties.
Impact on rental agreements
The inclusion of GST in rental income from commercial property has several implications for rental agreements:
- Clause for GST: Rental agreements must explicitly include a clause detailing the applicability of GST on the rental income, specifying the rate and the responsibility for payment.
- Rent and GST breakdown: The agreement should clearly separate the rent amount and the GST charged, ensuring transparency and compliance.
- Review of rental rates: Landlords may need to review and adjust rental rates to account for GST, which could impact the overall cost for tenants.
- ITC clauses: The agreement should mention the availability of ITC for tenants if they are registered under GST, making it clear how the tax credit can be utilised.
- Compliance responsibilities: Both parties should agree on compliance responsibilities, including timely invoicing, payment of GST, and filing of returns.
Understanding the applicability and implications of GST on rental income from commercial property is essential for landlords and tenants to ensure compliance and efficient financial planning. The 18% GST rate and the requirement for GST registration above the threshold limit make it crucial for landlords to stay informed and prepared.
For those looking to manage their financial needs efficiently, exploring options like a loan against property by Bajaj Finance can provide the necessary funds to meet obligations and other financial requirements. Staying updated with GST regulations and incorporating clear terms in rental agreements can help avoid potential disputes and ensure smooth operations.
By comprehensively understanding these aspects, landlords can effectively manage the implications of GST on rental income from commercial property, ensuring compliance and optimising their financial strategies.
