If you haven't taken possession before oc then you are liable to pay it from Oct date only
Sir we are developers in thane.Thane muncipal corporation levies property tax from assessment dates which are even 6 months before date of OC.as a result flat owners crib and say we are laible to pay property taxes from OC date only and not from assessment date.Flat owners says show us where it is written in law that we have to pay property taxes before date of OC.my question is. 1.From which date flats owners must pay property taxes.If muncipal gives us property tax bill from date of assessment in such situation what we can do as a developer sir.pls advise.
Property tax is generally payable after OC in most of the states. If OC is issued before 1st October , tax is payable for full year after that date is for half year. You can bring it into the notice of conerned Municipal authority for correction.
All property tax upto the date of handing over of possession to buyer is on builders account.
Flat owners are liable to pay property tax only after delivery of possession of flat
2) builder has to pay property taxes till delivery of possession of flat to purchasers
1. Sir the land owner and developer as per there agreement shall bear the cost the buyers will pay property tax and maintenance from date of OC and possession after that.
1.Property Tax is applicable only after completion certificate is issued by the municipal corporation
2 Property tax starts when the completion certificate is received. If the flat is unsold, the builder is responsible for paying the maintenance charges as well as property tax
Flat owners are liable to pay the property tax and other outgoings from the date of receipt of OC or date of handover of possession, whichever is earlier
Prior to receipt of OC, it is the developer's statutory liability under MOFA to pay the outgoings of the building and common areas
Plz check Justice Dharmadhikari's judgment of Bombay High Court
the builder cannot demand any money from flat buyers towards outgoings including the taxes unless they are given the possession of their flats
Dear Client,
Property tax starts when the completion certificate is received. If the flat is unsold, the builder is responsible for paying the maintenance charges as well as property tax.
For assessment, the relevant date is the date on which assessee pays final consideration amount and takes possession of the flat.
Dear Sir,
Please ask your above question on www.taxfull.com which is sister concern of www;kaanoon.com, where is experts will be Chartered Accounts.
Rest, you can contact me through Kaanoon for further legal assistance on this issue, and I would also try to look for some good judgements on this issue, so that would help you more.
If the municipality is levying you the property tax before the OC has been issued and if you are aggrieved over the decision you may prefer an appeal against this order before the appellate authority.
If the appellate authority is also not considering the request then you may approach the taxation appellate tribunal for relief and remedy.