How to Manage GST on Under Construction Property

Learn about the GST implications on under-construction properties in India, including rates, exemptions, and practical tips to manage GST effectively.
Home Loan
2 min
17 July 2024

When purchasing an under-construction property, understanding and managing the Goods and Services Tax (GST) implications is crucial. This comprehensive guide will walk you through everything you need to know about GST on under-construction properties, including practical tips and strategies to effectively handle it. By the end of this article, you'll be better equipped to navigate the complexities of GST, ensuring a smooth and hassle-free property transaction.

Understanding GST on under construction property

GST is a significant consideration when buying an under-construction property in India. Introduced in 2017, GST has simplified and unified the tax structure by replacing multiple indirect taxes. However, the implementation of GST on under-construction properties can still be complex and requires careful management.

Under the current regulations, GST is applicable on the purchase of under-construction properties at a rate of 5% for residential properties without the benefit of input tax credit (ITC). For affordable housing, the GST rate is reduced to 1%, also without ITC. It's essential to note that completed properties and ready-to-move-in homes do not attract GST.

Comparing GST implications for ready-to-move vs. under construction property

Aspect Ready-to-Move Properties Under Construction Properties
GST Applicability No GST GST applicable
GST Rate Not applicable 5% for non-affordable, 1% for affordable
Pricing Impact Generally higher due to no GST offset Can be lower due to GST input benefits
Buyer Liability No GST payment required Buyer must pay GST on property value
Investment Security Higher, immediate possession Depends on project completion timeline
Government Schemes Not eligible for GST-related schemes Eligible for schemes like PMAY


How to manage GST on under construction property

  1. Understand the applicable GST rates: Before finalising your property purchase, it's crucial to understand the GST rates applicable to your specific property. Ensure you distinguish between regular residential properties and affordable housing to determine the correct GST rate.
  2. Check the project status: Verify whether the property is indeed under construction. GST applies only to under-construction properties. If the builder has obtained the completion certificate from the relevant authority, GST will not be applicable.
  3. Consult with a tax advisor: Engage a tax advisor or financial consultant who specializes in real estate transactions. They can provide personalized advice based on your financial situation and help you understand the nuances of GST in property transactions
  4. Negotiate with the builder: While GST rates are fixed, some builders may offer concessions or absorb a portion of the GST cost as part of the deal. It’s worth negotiating with the builder to see if you can reduce your overall GST liability.
  5. Factor GST into your budget: When planning your budget for purchasing an under-construction property, include the GST cost. This ensures that you have a clear understanding of the total expenditure and prevents any financial surprises later.

Managing GST payments

  1. Timely payments: Ensure that you make timely payments to the builder as per the agreed-upon schedule. Delayed payments can sometimes lead to additional charges or penalties, which could increase your overall cost.
  2. Maintain proper documentation: Keep all your payment receipts and documents related to the GST payments. These documents will be crucial if you need to address any discrepancies or require clarification in the future.
  3. Monitor builder's compliance: Verify that the builder is complying with GST regulations. Builders are required to file GST returns and deposit the collected GST with the government. Non-compliance by the builder can lead to legal complications for you as a buyer.

Exemptions and concessions available for GST on under construction properties

Navigating the GST landscape for under-construction properties can be challenging. However, there are notable exemptions and concessions to ease the financial burden. Under the current regime, affordable housing projects are a significant beneficiary, with a reduced GST rate of 1% compared to the standard 5% for non-affordable housing. Additionally, input tax credit (ITC) is not available under these reduced rates, simplifying compliance for buyers and developers.

Moreover, properties purchased under the Pradhan Mantri Awas Yojana (PMAY) and similar schemes enjoy substantial concessions, making homeownership more accessible for economically weaker sections. These benefits make it more feasible to invest in under-construction properties, reducing overall costs and promoting homeownership.

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Frequently asked questions

Is GST applicable on ready-to-move-in properties?
No, GST is not applicable on ready-to-move-in properties. These properties have already received a completion certificate from the relevant authority, exempting them from GST.
What is the GST rate on under construction residential properties?
The GST rate on under-construction residential properties is 5% for regular housing and 1% for affordable housing, without the benefit of input tax credit (ITC).
How does GST impact affordable housing under construction?
For affordable housing under construction, the GST rate is reduced to 1%, making it more economical for buyers. This concession promotes investment in affordable housing projects.
Can GST input tax credit (ITC) be claimed on under construction properties?
No, buyers cannot claim input tax credit (ITC) on under-construction properties. The GST rates of 5% for regular housing and 1% for affordable housing are both without ITC benefits.
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