Residential Real Estate Project

This query is : Open

N.MURUGASAMY (Querist)
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28 February 2025 Residential Real Estate Project:
Tri-party Agreement (Parties Involved: Landowner, Developer, and Construction Company)
The construction company raises bills to the developer with GST. Both the construction company and the developer are registered dealers.
The total construction area is shared as follows: 75% by the developer and 25% by the landowner.
Now, the landowner receives 25% of the constructed area as his share for providing the land for the project.
Question No:1
If the landowner sells the houses during construction (before obtaining completion certificate) and gives the power to the developer, then the developer receives the amount on behalf of the landowner and hands over the amount to the landowner after deducting the GST amount.
Here, we have a doubt regarding whether the landowner needs to take the required registration certificate under the GST Act and to pay GST or not necessary.
Question No: 2
For the development rights, we understand that GST is to be paid under the reverse charge mechanism (RCM) at the time of completion of the houses and handover to the landowner. However, in the situation mentioned above (where the houses belong to the landowner’s share), if the houses are sold during the construction period, what will be the taxability of the development rights, and at what rate GST to be charged? Who is liable to pay the tax? Whether developer have to raise a bill for the development rights apart from regular bills for constructed appartments (25 share) to the landlord.
In the above situation, the GST is payable at what percentage, when to pay, and who is liable to pay?
1. For development rights
2. For the transfer of completed houses
3. For houses sold during the under-construction period
Our Assumptions:
For the development rights, the developer raises a bill to the landowner and pays RCM @ 18% on the value of the houses (completed houses) at the time of handing over the houses to the landowner. During the handover of the houses, the developer raises bills to the landowner and collects 1% or 5% of the value of the houses. Is it correct?