18% gst. 1/3 on land rate and 2/3 on development charges.
Agreements valid.
A builder makes two registrations to the same person on same day .one for saledeed of land and another for development charges for construction of flat.Land sold is part of land earmarked for Apartment.In the dev charges registration document the builder is quoting Apartment name as well as flat no also. For ex land sale is 30 Sq yards for 10 lakhs and Dev charges for Apt construction is Rs 20 lakhs. All in gst era only.What value should be taken for Computation of GST tax and what is the rate of duty and duty payable.Please clarify.Can he make two agreements on sameday legally.?
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GST is not applicable for for land.
On sell of land GST is not levied because sale of land attracts Stamp duty.
For bifurcation of values(building and land) a notification is issued by GST Law that is "Value of land will always be 1/3rd of total value no matter where the land is"
For example:
If a builder sold a flat whose value is 1 crore GST will be levied on 2/3rd of 1 crore that is on building only.
Stamp duty is similar to other taxes levied by the Government, only here it is collected for transactions that involve legal documents such as the sale deed, conveyance deed, and sale agreement. In technical terms, stamp duty is a tax paid for any document through which any right or liability is, or is intended to be, created, extinguished, transferred, extended or recorded.
Only upon payment of stamp duty, the document (for which stamp duty is paid) becomes legal. Also, only after this can the document be used as evidence in a court of law.
Hi
Yes agreements can be made as two agreements are for different purposes.
Duty will be decided according to the rate of that area.
Thanks
GST is not applicable to the sale of land because it is neither treated as supply of goods nor the supply of services as per Schedule III of the CGST Act, 2017. Land is identified as immovable property, and so, it does not attract GST. Only stamp duty is payable on land purchases.”
2) The GST on under-construction flats, which are not in the affordable housing segment, has been reduced to 5% without input tax credit (ITC) from 12% earlier with the ITC. .
Dear Sir/Madam,
It is clarified that there can be several registrations/transactions of between the same parties for different purposes. It is also clarified that there will be separate GST charges for each transaction/registration as per the govt approved rates.
1. Agreement for construction would be taken into account for computation of GST at a rate of 12%
2. Yes owner can make any number of agreements in same day.
Selling land does not attract the Goods and Services Tax, but if some one develops and sells a parcel, then it comes under the GST ambit.
Hi
1) It is perfectly legal for the builder two execute two sale deeds (i.e 1 for sale of 30 yards of land for 10 Lakhs and 1 for development charges for apartment construction).
2) GST is not applicable to the sale of land because it is neither treated as supply of goods nor the supply of services as per Schedule III of the CGST Act, 2017. Land is identified as immovable property, and so, it does not attract GST.
3) However GST will be applicable for development charges for apartment construction and we need to know the carpet area of your flat to know whether it comes under affordable housing category or otherwise.
4) Total carpet area of the residential property if it is less than 90 square meters (968 square feet) comes under affordable housing scheme in areas like kakinada
5) Present GST slabs are as follows:
Residential Property (affordable housing segment)
a) 8% with Input Tax Credit (ITC) or 1% without ITC
Residential Property (non-affordable housing segment)
a) 12% with ITC or 5% without ITC
Hope this information is useful
have you asked the builder as to why he is registering two documents?
why is he registering the sale deed for the land separately
as per GST law, the tax applicable on sale of apartments is 18% but effective tax rate is 12% after providing for deduction of 1/3rd for the land value. This GST of 12% is charged from buyer and the buyer is also required to be given a proportionate reduction of sale price due to the Input tax credit availed by builder
the aforesaid position was applicable prior to 1.4.2019
however after 1.4.19 the builder can charge only 5% GST without giving any benefit of input tax credit
since what the builder is selling you is land and not an apartment, there is certainly some catch here, which you need to ask the builder before signing the document, by writing a letter to him
i sense some foul play