Mvat on mobile tower rent/lease

This query is : Resolved

Pravin (Querist)
Follow

30 December 2014 A pvt ltd co engaged in busness of mobile tower construction. all material purchase by co itself. after completion of tower co rent/ lease out these tower to mobile operator like idea airte etc. & take lease or rent fron them. electricity exps ,land rent also reimbursed by network operator. co charged service tax on all above billing. Mvat is applicable on lease out tower? All tower setup cost shown as capital assets in co books.

Harshal Fifadra

Harshal Fifadra (Expert)
Follow

31 December 2014 MVAT will not be applicable as there is a no transfer of right to use the goods by the private limited company to the mobile operators. Such transfer is not taxable under MVAT Act, 2002 since the effective control & possession of the property is with the owner i.e. private limited co. and the company is not transferring the right to use the tower. Further, the goods also excludes immovable property from its definition.

Message likes : 1 times

Pravin

Pravin (Querist)
Follow

10 January 2015 Thanks sir.But there is small doubt. What is mean by transfer of right to use. Operator using tower for providing service to his client for period 5-10 year . Whether it is not transfer of right? Please guide.

Upgrade to CAclubindia Pro. Subscribe Now!

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
Follow

03 August 2024 In the context of Maharashtra Value Added Tax (MVAT) and the leasing of mobile towers, it's important to determine whether VAT applies to the lease or rent of the mobile towers and how the transactions are categorized. Here’s a detailed explanation:

### **VAT on Lease or Rent of Mobile Towers:**

1. **Nature of Transaction:**
- When a company constructs a mobile tower and leases it out to a mobile operator, the transaction involves renting or leasing the use of the tower. The operator uses the tower for providing services to its customers, and the lease is typically for an extended period.

2. **Transfer of Right to Use:**
- The concept of "transfer of right to use" means that the lessee (in this case, the mobile operator) has the right to use the property (mobile tower) for a specific period. This right is similar to ownership in certain respects but does not transfer ownership. The duration of the lease (e.g., 5-10 years) does not necessarily affect whether VAT is applicable.

3. **VAT Applicability:**
- **MVAT and Leasing:** According to the MVAT Act, leasing or renting of goods is subject to VAT. If your company is leasing out the mobile towers, MVAT may be applicable on the lease amount charged to the mobile operators.
- **Taxable Event:** The lease rent received from the mobile operators for using the mobile towers is considered a taxable event under MVAT.

4. **Reimbursement of Expenses:**
- **Electricity and Land Rent:** Reimbursement of electricity expenses and land rent by the mobile operators is typically considered part of the lease agreement. However, whether VAT is applicable to these reimbursements depends on how the lease agreement is structured. If these costs are billed separately, VAT might apply to these charges.

5. **Service Tax vs. VAT:**
- **Service Tax:** Service tax applies to the services provided, including leasing or renting of goods. Since you mentioned that service tax is charged on the lease, it means the lease is considered a service under the service tax regime.
- **MVAT and Service Tax:** Service tax and VAT can both apply to different aspects of the lease. For VAT, you should ensure that VAT is charged on the lease rent and any other related charges where applicable.

### **Clarification on "Transfer of Right to Use":**

- **Definition:** The term "transfer of right to use" refers to giving the lessee control over the usage of the property. Even though the operator uses the tower for an extended period, it does not transfer ownership but grants the right to use the property for the lease term.
- **VAT Application:** The right to use a property for a specified period is still considered a leasing transaction and is subject to VAT under MVAT. The long duration of the lease does not exempt the transaction from VAT.

### **Steps for Compliance:**

1. **Charge VAT on Lease Rent:**
- Ensure that VAT is applied to the lease rent charged to the mobile operators based on the applicable VAT rate for leasing of goods.

2. **Maintain Proper Documentation:**
- Keep detailed records of all lease agreements, including lease amounts, reimbursement of expenses, and VAT charged.

3. **Consult VAT Regulations:**
- Review the Maharashtra VAT Act and consult with a tax professional or VAT consultant to ensure compliance with the latest regulations and rates.

4. **Service Tax Compliance:**
- Continue charging and remitting service tax as applicable, while also ensuring that VAT is correctly applied where relevant.

### **Conclusion:**

VAT is applicable on the lease or rent of mobile towers under MVAT. The "transfer of right to use" does not exempt the transaction from VAT. Ensure proper VAT treatment on the lease rent and consult with a tax professional to confirm compliance with both MVAT and service tax regulations.