No, GST is not applicable on the resale of properties in
India, provided the property has received a Completion Certificate or is
considered a ready-to-move-in property.
Under the Goods and Services Tax (GST) Act, 2017, specifically Schedule III, the sale of immovable property, such as resale flats or completed buildings, is neither treated as a supply of goods nor services, and thus, it is exempt from GST. Buyers of resale properties are instead subject to stamp duty and registration charges, which vary by state.
However, there are specific cases where GST might apply in real estate transactions:
Under-Construction Properties: GST is applicable at 5% for non-affordable housing and 1% for affordable housing (as defined by carpet area and price limits) without Input Tax Credit (ITC). This applies when a property is purchased before the issuance of a Completion Certificate
Properties Without Completion Certificate: If a resale property does not have a Completion Certificate at the time of sale, it may be treated as an under-construction property, attracting GST at the applicable rates (5% or 1%).
- Transfer of Development Rights (TDR) or Floor Space Index (FSI): In cases involving TDR or FSI for residential or commercial projects, GST at 18% may apply on a reverse charge basis, particularly if the transaction occurs before the Completion Certificate is issued.
Clarifications on
Resale Properties:
- Number of sources consistently designated that GST does not apply to resale flats once a Completion Certificate is issued, as these are considered immovable property
- For example, a resale flat in Uttar Pradesh or any other state would not attract GST if it is a completed property, but buyers would still need to pay stamp duty (typically 7% in many states) and registration fees.
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