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GST on Rent

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RAJA P M ("Do the Right Thing...!!!")   (127921 Points)
Replied 16 February 2018

Tenant registered or not?

Pavan Kumar (192 Points)
Replied 16 February 2018

tenant is registered under GST Act

neha mishra (CA ) (51 Points)
Replied 16 February 2018

Here Company is not liable to pay GST on Reverse charge basis . Rent is not included under section 9(3) of gst act.

But according to tds act section 194I company is liable to deduct tds @ 10% (excluding GST amount)

1 Like

Ajeet Singh (Service ) (190 Points)
Replied 16 February 2018

Correct...

Credit of GST paid under RCM not applicable on provisional basis but the credit can be utilized on the month of GST paid under RCM.

RCM applicability subject to the following condition :

Service provider not registered under GST or having registration under composition scheme.

 


Madhukar N Hiregange (Chartered Accountant) (39034 Points)
Replied 16 February 2018

There is no RCM on rent at PRESENT. Commercial or Residential property used for the furtherance of business liable in the hands of the landlord. 

If landlord providing services above 20 lakhs then he is liable to pay GST. The user if registered can avail the credit. 

Till 31.3.2018, there is no GST when services taken from unregistered service providers. Therefore till that time no problem. If no extension then would be liable.  



Madhukar N Hiregange (Chartered Accountant) (39034 Points)
Replied 16 February 2018

There is no RCM on rent at PRESENT. Commercial or Residential property used for the furtherance of business liable in the hands of the landlord. 

If landlord providing services above 20 lakhs then he is liable to pay GST. The user if registered can avail the credit. 

Till 31.3.2018, there is no GST when services taken from unregistered service providers. Therefore till that time no problem. If no extension then would be liable.  

1 Like

Langesh Siva (Accounts Manager) (164 Points)
Replied 16 February 2018

Hi,

If landlord GST registred person they can charge you GST 18% for rental property(Must check GST number), and the TDS is required to be deducted in case the rent paid or payable to a particular person during a financial year exceeds Rs. 1,80,000 w.e.f.1.7.2010. TDS 10% to be deducted under section 194I it's not 1%    


Pavan Kumar (192 Points)
Replied 16 February 2018

if landlord not registered

RAJA P M ("Do the Right Thing...!!!")   (127921 Points)
Replied 16 February 2018

Originally posted by : Pavan Kumar

if landlord not registered

Don't be confuse...

Please follow this one

 

There is no RCM on rent at PRESENT. Commercial or Residential property used for the furtherance of business liable in the hands of the landlord.  If landlord providing services above 20 lakhs then he is liable to pay GST. The user if registered can avail the credit.  Till 31.3.2018, there is no GST when services taken from unregistered service providers. Therefore till that time no problem. If no extension then would be 

Read more at: https://www.caclubindia.com/forum/details.asp?quote=1811302&mod_id=449021&offset=3#reply


Pavan Kumar (192 Points)
Replied 16 February 2018

ok sir , most of various answer confused me...


RAJA P M ("Do the Right Thing...!!!")   (127921 Points)
Replied 16 February 2018

Originally posted by : Pavan Kumar
ok sir , most of various answer confused me...

Some of the reply is not correct... Some of not relevant... So, You are fall under confusion...

In your case Rent Paid Rs. 120,000. You will be deduct TDS Rs. 1200 and Pay Rs. 118800...

Also the Landlord is a URD. So, You will give rental without GST - RCM from 13th October 2017 to 31st March 2018... Any changes in this law we can get some notification from CBEC...

1 Like

Pavan Kumar (192 Points)
Replied 16 February 2018

thanks...

Langesh Siva (Accounts Manager) (164 Points)
Replied 16 February 2018

Raja Sir,

Need clarification about Rent TDS sec 194I is 10% am i correct sir? how 1% pls reply  

1 Like

RAJA P M ("Do the Right Thing...!!!")   (127921 Points)
Replied 16 February 2018

Originally posted by : langesh
Raja Sir,

Need clarification about Rent TDS sec 194I is 10% am i correct sir? how 1% pls reply  

Yes... You are correct... It's wrongly typed by Me cryingcryingcrying

1 Like


vineela (DY MANAGER FINANCE) (47 Points)
Replied 17 February 2018

10% – If rent is for land,
building or furniture(20% if no Valid PAN) NOT 1%
2% – If the rent is for
Machinery, Plant or
Equipment(20% if no Valid PAN)


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