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GST Council meeting: Tax rate for under-construction properties reduced to 5%
Businesstoday.in  |  February 25, 2019

Coming as a major relief to homebuyers and the real estate sector, the GST Council has slashed tax rates for houses in both affordable and non-affordable segments. In its meeting on Sunday, the all-powerful council took note of the recommendations from the ministerial group on real estate to approve tax cuts for the sector. In the 33rd GST Council meeting, Union Finance Minister Arun Jaitley and his state counterparts agreed to bring GST rate on under-construction properties in normal category down to 5 per cent from the earlier 12 per cent. The GST Council has also reduced GST rate for affordable housing to 1 per cent from the earlier 8 per cent.

 

The revised GST rates for real estate sector will come into effect from April 1, 2019. However, developers will not be able to claim input tax credit (ITC) after the tax rate cut for real estate sector. This will make the issue of developers not passing on the benefits of ITC to homebuyers will become irrelevant. Moreover, unutilized ITC, which used to be added to the end cost of the project, will now be removed to make prices more affordable for the homebuyer, the Ministry of Finance said in a statement.

 

 

Press Information Bureau
Government of India
Ministry of Finance

24-February-2019 17:51 IST

 

Recommendations of the 33rd GST Council meeting

 

Real estate sector is one of the largest contributors to the national GDP and provides employment opportunity to large numbers of people. &ldquoHousing for All by 2022&rdquo envisions that every citizen would have a house and the urban areas would be free of slums. There are reports of slowdown in the sector and low off-take of under-construction houses which needs to be addressed. To boost the residential segment of the real estate sector, following recommendations were made by the GST Council in its 33rd meeting held today:

 

  1. GST rate:
    1. GST shall be levied at effective GST rate of 5% without ITC on residential properties outside affordable segment
    2. GST shall be levied at effective GST of 1% without ITC on affordable housing properties.

 

  1. Effective date: The new rate shall become applicable from 1st of April, 2019.

 

  1. Definition of affordable housing shall be:-

A residential house/flat of carpet area of upto 90 sqm in non-metropolitan cities/towns and 60 sqm in metropolitan cities having value upto Rs. 45 lacs (both for metropolitan and non-metropolitan cities).

Metropolitan Cities are Bengaluru, Chennai, Delhi NCR (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon, Faridabad), Hyderabad, Kolkata and Mumbai (whole of MMR).

 

  1. GST exemption on TDR/ JDA, long term lease (premium), FSI:

Intermediate tax on development right, such as TDR, JDA, lease (premium), FSI shall be exempted only for such residential property on which GST is payable.

 

  1. Details of the scheme shall be worked out by an officers committee and shall be approved by the GST Council in a meeting to be called specifically for this purpose.

 

  1. Advantages of the recommendations made:

The new tax rate in principle was approved by the Council taking into consideration the following advantages:-

  1. The buyer of house gets a fair price and affordable housing gets very attractive with GST @ 1%.
  2. Interest of the buyer/consumer gets protected ITC benefits not being passed to them shall become a non-issue.
  3. Cash flow problem for the sector is addressed by exemption of GST on development rights, long term lease (premium), FSI etc.
  4. Unutilized ITC, which used to become cost at the end of the project gets removed and should lead to better pricing.
  5. Tax structure and tax compliance becomes simpler for builders.

 

  1. GST Council decided that the issue of tax rate on lottery needs further discussion in the GoM constituted in this regard.

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.

 

DSM/RM/KMN