Service tax on rent an immovable property
This query is : Resolved
05 February 2019
Dear All
One of my clients has given his one building to a school for education purposes from 2013-14 .
My questions are-
1. Is it taxable service for FY 2013-14, 2014-15, 2015-16, 2016-17 and 2017-18 or not?
2. If it is taxable service , is there any abatement in relation of this service ?
One of my clients has given his one building to a school for education purposes from 2013-14 .
My questions are-
1. Is it taxable service for FY 2013-14, 2014-15, 2015-16, 2016-17 and 2017-18 or not?
2. If it is taxable service , is there any abatement in relation of this service ?
06 February 2019
Initially same was covered in Negative List in 66D
services by way of—
(i) pre-school education and education up to higher secondary school or equivalent;
(ii) education as a part of a curriculum for obtaining a qualification recognised by any law for the time being in force;
(iii) education as a part of an approved vocational education course;
(m) services by way of renting of residential dwelling for use as residence;
Further vide Notification no. 25/2012, following insertion was made:
Services provided to or by an educational institution in respect of education exempted from service tax, by way of,-
(a) auxiliary educational services; or
(b) renting of immovable property;
and later on vide NOtification no. 06/2014 dated 11th July, 2014, it was amended as below;
for entry 9, the following entry shall be substituted, namely:-
“9. Services provided,-
(a) by an educational institution to its students, faculty and staff;
(b) to an educational institution, by way of,-
(i) transportation of students, faculty and staff;
(ii) catering, including any mid-day meals scheme sponsored by the Government;
(iii) security or cleaning or house-keeping services performed in such educational institution;
(iv) services relating to admission to, or conduct of examination by, such institution;”;
So accordingly in FY 2013-14 and upto 11th July 2014, Same is exempted and thereafter Renting Services are taxable and there is no abatement on this particular service.
Hope it will help you.
services by way of—
(i) pre-school education and education up to higher secondary school or equivalent;
(ii) education as a part of a curriculum for obtaining a qualification recognised by any law for the time being in force;
(iii) education as a part of an approved vocational education course;
(m) services by way of renting of residential dwelling for use as residence;
Further vide Notification no. 25/2012, following insertion was made:
Services provided to or by an educational institution in respect of education exempted from service tax, by way of,-
(a) auxiliary educational services; or
(b) renting of immovable property;
and later on vide NOtification no. 06/2014 dated 11th July, 2014, it was amended as below;
for entry 9, the following entry shall be substituted, namely:-
“9. Services provided,-
(a) by an educational institution to its students, faculty and staff;
(b) to an educational institution, by way of,-
(i) transportation of students, faculty and staff;
(ii) catering, including any mid-day meals scheme sponsored by the Government;
(iii) security or cleaning or house-keeping services performed in such educational institution;
(iv) services relating to admission to, or conduct of examination by, such institution;”;
So accordingly in FY 2013-14 and upto 11th July 2014, Same is exempted and thereafter Renting Services are taxable and there is no abatement on this particular service.
Hope it will help you.
Message likes :
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11 February 2019
Thank you very much sir
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