GST Council 34th meeting Decisions of Real Estate – Press Release

GST COUNCIL 34th Meet – GST Rate on Real Estate Sector

Decisions taken by the GST Council in the 34thmeeting held on 19thMarch, 2019 regarding GST rate on real estate sector

Posted On: 19 MAR 2019 5:41PM by PIB Delhi

GST Council in the 34th meeting held on 19th March, 2019 at New Delhi discussed the operational details for implementation of the recommendations made by the council in its 33rd meeting for lower effective GST rate of 1% in case of affordable houses and 5% on construction of houses other than affordable house. The council decided the modalities of the transition as follows.

 Option in respect of ongoing projects:

2.         The promoters shall be given a one -time option to continue to pay tax at the old rates (effective rate of 8% or 12% with ITC) on ongoing projects (buildings where construction and actual booking have both started before 01.04.2019) which have not been completed by 31.03.2019.

3.         The option shall be exercised once within a prescribed time frame and where the option is not exercised within the prescribed time limit, new rates shall apply.

New tax rates:

4.         The new tax rates which shall be applicable to new projects or ongoing projects which have exercised the above option to pay tax in the new regime are as follows.

(i) New rate of 1% without input tax credit (ITC) on construction of affordable houses shall be available for,

(a) all houses which meet the definition of affordable houses as decided by GSTC (area 60 sqm in non- metros / 90 sqm in metros and value upto RS. 45 lakhs), and

(b)  affordable houses being constructed in ongoing projects under the existing central and state housing schemes presently eligible for concessional rate of 8% GST (after 1/3rd land abatement).

(ii)        New rate of 5% without input tax creditshall be applicable on construction of,-

  1. all houses other than affordable houses in ongoing projects whether booked prior to or after 01.04.2019. In case of houses booked prior to 01.04.2019, new rate shall be available on instalments payable on or after 01.04.2019.
  2. all houses other than affordable houses in new projects.
  3. commercial apartments such as shops, offices etc. in a residential real estate project (RREP) in which the carpet area of commercial apartments is  not more than 15% of total carpet area of all apartments.

Conditions for the new tax rates:

5.         The new tax rates of 1% (on construction of affordable) and 5% (on other than affordable houses) shall be available subject to following conditions,-

  1. Input tax credit shall not be available,
  2. 80% of inputs and input services (other than capital goods, TDR/ JDA, FSI, long term lease (premiums)) shall be purchased from registered persons. On shortfall of purchases from 80%, tax shall be paid by the builder @ 18% on RCM basis. However, Tax on cement purchased from unregistered person shall be paid @ 28% under RCM, and on capital goods under RCM at applicable rates.

Transition for ongoing projects opting for the new tax rate:

6.1       Ongoing projects (buildings where construction and booking both had started before 01.04.2019) and have not been completed by 31.03.2019 opting for new tax rates shall transition the ITC as per the prescribed method.

6.2       The transition formula approved by the GST Council, for residential projects (refer to para 4(ii)) extrapolates ITC taken for percentage completion of construction as on 01.04.2019 to arrive at ITC for the entire project. Then based on percentage booking of flats and percentage invoicing, ITC eligibility is determined. Thus, transition would thus be on pro-rata basis based on a simple formula such that credit in proportion to booking of the flat and invoicing done for the booked flat is available subject to a few safeguards.

6.3       For a mixed project transition shall also allow ITC on pro-rata basis in proportion to carpet area of the commercial portion in the ongoing projects (on which tax will be payable @ 12% with ITC even after 1.4.2019) to the total carpet area of the project.

Treatment of TDR/ FSI and Long term lease for projects commencing after 01.04.2019

7.         The following treatment shall apply to TDR/ FSI and Long term lease for projects commencing after 01.04.2019.

7.1       Supply of TDR, FSI, long term lease (premium) of land by a landowner to a developer shall be exempted subject to the condition that the constructed flats are sold before issuance of completion certificate and tax is paid on them. Exemption of TDR, FSI, long term lease (premium) shall be withdrawn in case of flats sold after issue of completion certificate, but such withdrawal shall be limited to 1% of value in case of affordable houses and 5% of value in case of other than affordable houses. This will achieve a fair degree of taxation parity between under construction and ready to move property.

7.2       The liability to pay tax on TDR, FSI, long term lease (premium) shall be shifted from land owner to builder underthe reverse charge mechanism (RCM).

7.3       The date on which builder shall be liable to pay tax on TDR, FSI, long term lease (premium) of land under RCM in respect of flats sold after completion certificate is being shifted to date of issue of completion certificate.

7.4       The liability of builder to pay tax on construction of houses given to land owner in a JDA is also being shifted to the date of completion. Decisions from para 7.1 to 7.4 are expected to address the problem of cash flow in the sector.

Amendment to ITC rules:

8.         ITC rules shall be amended to bring greater clarity on monthly and final determination of ITC and reversal thereof in real estate projects. The change would clearly provide procedure for availing input tax credit in relation to commercial units as such units would continue to be eligible for input tax credit in a mixed project.

9.         The decisions of the GST Council have been presented in this note in simple language for easy understanding.  The same would be given effect to through Gazette notifications/ circulars which alone shall have force of law.

GST Council 34th meeting Decisions of Real Estate – Press Release

GST Returns Due Date – Apr-Jun, 2019

GST RETURN DUE DATES

Period: April 2019 to June 2019

MonthGSTR-3BGSTR-1 (Monthly/More than Rs.1.50 crores)GSTR-1 (Quarterly/Less than Rs.1.50 crores)
April, 201920-05-201911-05-2019Not Applicable
May, 201920-06-201911-06-2019Not Applicable
June, 201920-07-201911-07-2019Not Applicable
April – June, 2019Not Applicable Not Applicable 31-07-2019

GST Returns Due Date – Apr-Jun, 2019

Companies Incorporation – Amendment in Rules

Companies (Incorporation) Rules, 2014 – Recent amaendment

The following welcome changes were bought in by Companies(Incorporation) Second Amendment Rule, 2019:

COMPANIES INCORPORATED AFTER 18TH MARCH 2019, WITH AN AUTHORISED CAPITAL OF RS.15,00,000/- FEE ON INC-32 (SPICE) IS NOT APPLICABLE. Currently the limit is Rs.10,00,000/-

In case of shifting of registered office of a company from one State/Union Territory to another, the company have to advertise in the Form No.INC.26 in the vernacular newspaper in the principal vernacular language in the district and in English language in an English newspaper with the widest circulation in the state in which the registered office of the company is situated.

By way of amendment, the phrase “with the widest circulation” is substituted with “with wide circulation“.

Companies Incorporation – Amendment in Rules

Companies Incorporated before December, 2017 needs to file INC-22A to make their status Active

Ministry of Corporate Affairs vide notification dated 21st February, 2019 amended Companies (Incorporation) Rules, 2014 which require Companies Incorporated on or before 31st Decemeber, 2017 to file Active Company Tagging Identities and Verification (Form ACTIVE) on or before 25-04-2019.

Companies which are not filed Annual Returns and Financial Statements up-to Financial Year 2017-18 (MGT-7,AOC-4 etc) shall be restricted from filing Form ACTIVE. In the Form ACTIVE also you need to mention the Service Request Number (SRN) of Form MGT-7 & Form AOC-4 of Financial Year 2017-18.

The Companies which have been Struck-off or are under the process of Striking off or under liquidation or amalgamated or dissolved SHALL NOT be required to file Form – ACTIVE.

In case Company doesn’t file FORM ACTIVE, the company shall be marked as ACTIVE – non-compliant on or after 26th April, 2019. The following event based information and changes SHALL NOT be accepted in case of non-filing of Form ACTIVE:

  1. Change in Authorised Capital – Form SH-07
  2. Change in paid-up capital – Form PAS-03
  3. Change in Director except cessation – Form DIR-12
  4. Change in Registered Office – Form INC-22
  5. Amalgamation, Demerger – Form INC-28

The Company can file Form ACTIVE on or after 26-04-2019, and make the status of the Company Active – Compliant on payment of fee of Rupees Ten Thousand.

The Company had to upload photographs of the registered office (both external building and inside office showing therein at least one director who has affixed his/her Digital Signature in INC-22A).

Companies Incorporated before December, 2017 needs to file INC-22A to make their status Active

GSTR-3B – January 2019 due date extended…

The due date for filing GSTR-3B return for the month of January, 2019 has been extended to 22-01-2019.

For Jammu & Kashmir, the due date is extended till 28-02-2019.

GSTR-3B – January 2019 due date extended…

Tax Proposals ….Budget 2019 Updates…

Salary Standard Deuction Increased to Rs.50,000/- from Rs.40,000/-.

Notional Rent on self Occupied is waived

Bank/Post Office Interest limit for TDS increased from Rs.10,000/- to Rs.40,000/- . TDS also not applicable

TDS threshold on rent increased from 1.80 Lakh to Rs.2.40 lakhs

Benefit of rollover from U/s.54 increased to two houses for Capital Gain up-to Rs.2 crores. This can be availed once in life time

Sec.80IBA extended to one more year for affordable housing schemes

Period of exemption on notional rent is extended to 2 year from the date of Completion Certificate for real estate.

Tax Proposals ….Budget 2019 Updates…

No Income tax for Individuals having income up-to Rs.5,00,000/-

Reduction for Middle Class

Existing rates Continue

Individual Tax Payers upto Rs.500000/- – Full tax Rebate

No Income tax for Individuals having income up-to Rs.5,00,000/-

Updates of Union Budget 2019

Govt says reducing tax for middle class always a priority

FM says Rs 1.30 lk cr undisclosed income brought under the tax net

India poised to become $5 tn economy in next 5 years

Fiscal Deficit for FY 19-20 3.4%

Rs 38,572 Cr allocated for National Education Mission

Updates of Union Budget 2019

Budget 2019 – Tax – NO RELIEF DECLARED YET

Tax Collections increased significantly. Return filing also increased.

99.54% of Income Tax returns filed last year accepted by department

Return processed in 24 hours

Digital Scrutiny of tax files

Budget 2019 – Tax – NO RELIEF DECLARED YET