GST on Resale Flats: Essential Guide for Buyers and Sellers

Know how GST impacts buyers and sellers, financial considerations, benefits of buying resale flats, and key legal aspects.
Home Loan
2 min
13 July 2024

The introduction of the Goods and Services Tax (GST) in India brought significant changes to the taxation landscape. While much of the focus has been on new properties, there is often confusion regarding the applicability of GST on resale flats. This article aims to clarify the nuances of GST on resale flats, providing essential information for both buyers and sellers.

Understanding GST on resale flats

GST was introduced to create a unified tax structure and eliminate the complexities associated with multiple indirect taxes. However, its application to the real estate sector, particularly on resale properties, has generated various questions.

GST applicability on resale flats

In India, GST is not applicable on the sale of resale flats. This is because a resale flat is considered an immovable property, and GST is not levied on immovable properties once the completion certificate is issued. Simply put, if you are purchasing a ready-to-move-in flat from a previous owner, GST does not apply. This is a significant relief for buyers as it reduces the overall cost of purchasing a property.

Differences between new and resale flats

For new flats under construction, GST is applicable at the rate of 5% without the benefit of input tax credit (ITC) for residential properties. For affordable housing, the GST rate is reduced to 1%. However, for resale flats, as the transaction is treated as the sale of an immovable property, no GST is charged, making it a cost-effective option for buyers.

Financial considerations for buyers and sellers

While GST on resale flats is not applicable, there are other financial aspects that buyers and sellers need to consider. These include registration fees, stamp duty, and various other charges that could impact the overall cost of the transaction.

  1. Registration fees and stamp duty: Although GST does not apply to resale flats, buyers are still required to pay registration fees and stamp duty. These charges vary from state to state.
  2. Home loan options: When purchasing a resale flat, financing through a home loan is a common practice. Home loans not only provide the necessary funds but also offer tax benefits under sections 24(b) and 80C of the Income Tax Act. Bajaj Housing Finance offers competitive home loan options tailored to meet the needs of buyers looking to invest in resale flats. These loans come with attractive interest rates and flexible repayment options, making property purchase more affordable.
  3. Additional charges: Apart from registration fees and stamp duty, buyers should also be aware of other charges such as legal fees, brokerage fees, and maintenance charges. These costs can add up and should be factored into the budget when planning to buy a resale flat.

Benefits of buying a resale flat

There are several advantages to buying a resale flat, particularly in light of the GST implications.

  1. Ready-to-move-in: One of the most significant benefits is that resale flats are often ready-to-move-in. This means buyers can avoid the risks associated with project delays, which are common in new constructions. Additionally, there is no waiting period, allowing buyers to move in immediately after the purchase.
  2. Established infrastructure: Resale flats are typically located in well-developed areas with established infrastructure. This includes access to schools, hospitals, shopping centres, and other essential amenities. For families, this can be a considerable advantage, as it provides a comfortable living environment from day one.
  3. Cost-effective: As mentioned earlier, resale flats do not attract GST, reducing the overall cost of purchase. This can make resale flats a more affordable option compared to new constructions, especially when considering the additional costs associated with new properties, such as GST and higher stamp duty.

Selling a resale flat: Key considerations

For sellers, understanding the financial implications and legal requirements is crucial to ensuring a smooth transaction.

  1. Capital gains tax: When selling a resale flat, sellers must consider the implications of capital gains tax. If the property is sold within two years of purchase, it is considered a short-term capital gain and is taxed at the individual's income tax slab rate. If the property is sold after two years, it qualifies as a long-term capital gain and is taxed at 20% with the benefit of indexation.
  2. Transfer charges: In some cases, housing societies or cooperative societies may levy transfer charges on the sale of a resale flat. These charges are typically a percentage of the sale value and should be factored into the overall cost of the transaction.
  3. Documentation: Ensuring that all documentation is in order is essential for a smooth sale process. Sellers should have the original sale deed, possession letter, and all relevant documents ready for verification by the buyer or the lending institution if the buyer is taking a home loan.

How to fund real estate transactions

Managing finances is crucial in real estate transactions, whether you are a buyer, seller, or agent. Here are some options that can support your real estate activities:

  1. Home loans: Home loans are essential for most homebuyers. They offer a convenient way to finance the purchase of a property, spreading the cost over an extended period. Bajaj Housing Finance offers competitive home loan options, making property acquisition more accessible.
  2. Personal loans: Personal loans can be used to cover additional expenses related to home buying, such as interior decoration, furniture, and other essentials. These loans offer flexibility and can be tailored to meet the specific needs of the borrower.
  3. Loan against property: Loan against property allows property owners to leverage their existing property to secure funds. It is particularly useful for those looking to fund new projects or expand their real estate portfolio.
  4. Construction loans: For those considering renovations or additional construction on their resale property, construction loans can provide the necessary funds. These loans are designed to cover costs from purchasing materials to labour expenses, ensuring the project is completed efficiently.

Explore Bajaj Housing Finance Home Loan

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Frequently asked questions

Is GST applicable on all resale flat transactions?
No, GST is not applicable on all resale flat transactions. It is only charged on under-construction properties or ready-to-move-in flats where completion certificate has not been issued at the time of sale.
Are there any exemptions or thresholds for GST on resale flats?
Yes, there are exemptions for GST on resale flats. If the property is a completed unit and has already received its completion certificate, then GST is not applicable. The sale of land and buildings is exempt from GST after the issuance of completion certificate.
Are there any exemptions or thresholds for GST on resale flats?
Yes, properties purchased from a builder, contractor or a developer where completion certificate has been issued at the time of sale are exempted from GST. Similarly, properties that have been rented continuously for residential purposes are also exempted from GST.
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