Reverse Charge Mechanism on Renting of Immovable Property other than Residential Dwelling

Notification No. No. 09/2024 –Central Tax (Rate)

Notification Date: 8th October 2024

Applicable Date: 10th October 2024

Relevant Act / Rule: Goods and Service Tax Act, 2017

Background: Certain services have been specified on which GST has to be paid under reverse charge mechanism. Earlier wide notification no. 13/2017 – Central Tax (Rate) dated 28th June 2017, Service by way of renting of residential dwelling to a registered person was covered under reverse charge.

Amendment: The Central Government on the recommendations of GST Council has made the amendment in notification number 13/2017 – Central Tax (Rate) dated 28th June 2017. Now the service by way of renting of any immovable property [* “any property” changed to “any immovable property” via Corrigendum published on 22 Oct 2024]  other than residential dwelling by a un-registered person to a registered person, has also been covered under reverse charge mechanism.

Impact: Any transaction wherein an unregistered person is supplying service of renting of immovable property (other than residential dwelling) to a registered person, the said transaction shall be covered under reverse charge mechanism of GST and the recipient of such service (registered person under GST) shall be liable to deposit GST under revere charge.

The same can be understood by following example:

Nature of Service

GST Registration Status

GST under Reverse Charge

Person liable to deposit GST

Service Provider

Service Recipient

Renting of Residential Dwelling

R

R

Yes

Service Recipient

R

UR

No

Service Provider

UR

R

Yes

Service Recipient

UR

UR

NA

GST not leviable

Renting of Property other than Residential Dwelling

R

R

No

Service Provider

R

UR

No

Service Provider

UR

R

Yes

Service Recipient

UR

UR

NA

GST not leviable

 R: Registered

 UT: Unregistered

 The said notification will be effective from 10th October 2024.

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