Tax liability on Hotels under GST regime
Luxury Tax on services provided in a Hotel is leviable @ 10% on
receipt basis. As all services under GST regime are to be taxed
@ 18% while the present rate of Service Tax is 15%.
The services provided under GST regime by way of lodging
accommodation by a hotel, inn, guest house, home stay, club or
campsite by whatever name called and including a house boat
or any other vessel will be taxable @ 18% on the transaction
value of supply of services in all probability.
There is no Luxury Tax under LEAT, where the rate per day for
accommodation is upto Rs. 3,000/-. Such exemption on daily
rate basis may not be available under GST regime.
The threshold limit under GST regime on supply of services
is aggregate turnover of Rs.20 lacs per annum. On discount,
some of the owners who are paying tax under LEAT may not be
liable to pay tax under GST regime.
Some of the owners of the Hotel who are enjoying exemption
from payment of Luxury Tax will not get the benefit of
exemption under GST regime.
The supplier of Hotel services will be entitled to input tax
rebate on the inputs, capital goods and input services used by
them in the course or furtherance of business.
Alcoholic liquor for human consumption alongwith Perto
Products has been retained in entry 54 of List –II, i.e., State
List of the Seventh Schedule of the Constitution. As such, tax
on Alcoholic liquor for human consumption, as provided to
customers in restaurants will continue to attract Vat under VAT
Laws of the states. Being a super luxury, it may attract a higher
rate in the interest of state revenue.
No Input Tax credit will be available to sale of alcoholic liquor
for human consumption as it is outside the GST regime.