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Renting of immovable property in RCM

26 March 2020

immovable property is out side the scope of GST so why service provided by central gov. , state gov., by way of renting of immoveable property to register person is liable to pay tax under RCM ?

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19 Replies

CA Naveen Chand (Chartered Accountant) (12729 Points)
Replied 26 March 2020

it is covered under clause (5a)

Services (Renting of Immovable property)

Service supplied to registered person >> GST under RCM is payable by such Registered Person

Service supplied to unregistered person >> GST is payable under Normal Charge by Govt or Local authority

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Bhargav Nirmal (107 Points)
Replied 26 March 2020

But immovable property is outside scope of GST so why in this case imposed GST ?

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 26 March 2020

What is Your meaning for "immovable property is out side the scope of GST"...?

Bhargav Nirmal (107 Points)
Replied 26 March 2020

As per definaton of good, evry kind of moveable property & as per defination of service, other that good so in good & service, immovable property is not included ?

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 26 March 2020

If it's out of GST then how is govt define properties under residential and commercial...?

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Bhargav Nirmal (107 Points)
Replied 26 March 2020

I really don't know but section 7(2) specifically say that not in contain that Notwithstanding anything contained in sub-section (1), shall be treated neither as a supply of goods nor a supply of services. & GST is levied in good & service only .

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 26 March 2020

Are You refer sec 2(119)...?

Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 26 March 2020

Dear Bhagav
It's taxable under RCM because the particular service is being Notified by Issuing Notification 3/2018 CT (R) .

In Schedule III renting of Immovable property is not prescribed. it's sale of land which is put in the schedule III.

Let's take example of Actionable claim which is also put under Schedule III but Actionable claim ie lottery ,Betting & gambling is taxable (as prescribed therein)

As per Definition of Services prescribed in Section 2(102) means anything other than goods & Securities but INCLUDES RELATING TO THE USE OF MONEY..............

and In GST the taxability is arises when supply is made & if read Section 7 , the lease, rental is supply of Services.

Bhargav Nirmal (107 Points)
Replied 26 March 2020

Good included actionable claim so that actionable claim transfer to schedule III but why any service relating to immoveable property levied tax when immovable property is outside of scope of GST ?

Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 26 March 2020

Thats what iam saying , sale of Land is included in Schedule III Not renting of Land.

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Bhargav Nirmal (107 Points)
Replied 26 March 2020

I am not talking about land , I am talking about all immovable property.

Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 26 March 2020

Land is also cover Under Immovable Property & GST is not Applicable on same when it is not sold.

As per Notification 2/2017 Renting of Commercial property attracts GST & As per Notification 12/2017 CT(R) Renting of Residential property is Exempted.

So which services need to be kept under taxable or Exempted the Notification being Issued.

Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 26 March 2020

*** When it is sold.

Due know Actionable claims :

Lottery
Betting
Gambling
Debentures
Dividend on shares
Right shares
Negotiable instruments e.g. Bills of Exchange and Promissory Notes etc.
Bank guarantee
Fixed Deposit Receipt (FDR)
Insurance claims
Share in a partnership property

And out of above only Lottery, gambling & betting is taxable ... Why because ...it's being excluded in Schedule III