• GST on flat

I would like to buy a flat in noida sec 75 in a residensial soceity. Approx 30%flatier is living there. Developers add GST (8%) on BSP. And Rs. 95/- for lease rent. Suggest the right law regarding GST
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

GST is payable by the Builder and the base price and you have to pay to builder.

Lease rent is charged by the Builder the amount he has paid to the development authority for acquiring the lease of the property and that amount is allocated to all the apartment holders and collected by the Builder.

There is nothing wrong in the deal you may go ahead and purchase the flat

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If it is under construction flat GST has to be paid by you

Ajay Sethi
Advocate, Mumbai
100010 Answers
8163 Consultations

If the building has been issued a completion certificate then builder cannot charge gst

Yusuf Rampurawala
Advocate, Mumbai
7930 Answers
79 Consultations

Dear Client,

GST rate is 12% for under construction and 8% for affordable housing . Ready to move.

What do u mean by Lease rent ?

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. You shall have to pay GST on the first hand flat bough after July, 2017.

2. If you buy second hand flat then GST will not be applicable.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

Dear Sir,

You make use of following settled law of the land

What is Stamp Duty?

Stamp duty is a government tax that is imposed on property transactions. It is payable under the Section 3 of the Indian Stamp Act, 1899. One needs to pay the stamp duty at the time of property registration. The amount of stamp duty varies from city to city and also according to the real estate type.

Since stamp duty is added to the cost of the property, it is better to have an idea before you finalize the deal of your property. Also one need to pay stamp duty on time, otherwise, you will be charged penalty for the delay. In any kind of delay 2% penalty charge is added every month to the charge. This penalty charge can maximum go to 200% of the actual charge.

The stamp duty in Delhi charges are:

Stamp duty is @3% if it is done by a woman and @5% if it is done by a man

The registration fee is 1% of total value of Sale Deed + Rs. 100/- as pasting charge.

Though, the charges vary from state to state and according to the property type. Here, have a look at the charges in different states of India.

Haryana- 12.5% of consideration

Chhattisgarh- 7.5% of consideration

Punjab- 6% of consideration

Madhya Pradesh- 7.5%

Tamil Nadu- 8%

Bihar- 7% + 2%

Assam- 8.25% of consideration

Maharashtra- 10%

Rajasthan- 11%

Meghalaya- 4.6% (up to 50K), 6% (50K-90K), 8% (90K- 150K), 9.9K (up to 150K)

Uttar Pradesh- 8%

Nagaland- 7.5% of consideration

Jharkhand- 7% + 2%

Tripura- 5% of consideration

Kerala- 8.5%

Goa- 8% of consideration

Karnataka- 10%

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Goods and Services Tax (GST) is being levied at 12% on the purchase of an apartment or a developed plot from July 1. ... If a project is completed and occupation certificate is applied for but is not is sued by the authority, the new buyer will have to pay GST at the rate of 12% on the entire cost of the flat.

Purchasing a residential flat under the existing regime attracts a service tax of 4.5% for a flat whose value exceeds INR 1 crore and 3.75% of the value of the flat whose value is upto INR 1 crore. In addition to this, purchase of a flat attracts a VAT of 1% in certain states like Maharashtra. As opposed to this, purchase of a residential property under GST regime is likely to attract 12% GST (being a summation of 6% Central GST and 6% State GST

while the renting of residential property would continue to be exempt from service tax even under the GST regime, there is a likelihood that the rentals for residential property may go up under the GST regime, especially for cities like Mumbai, considering the fact that the cost for the purchaser of a residential property is likely to increase under the GST regime.

T Kalaiselvan
Advocate, Vellore
90212 Answers
2507 Consultations

Hello,

You will have to pay GST in case you purchase a property from the builder.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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