Who is liable to pay GST on commercial rent?

Asked by: Nat Bashirian  |  Last update: September 26, 2026
Score: 5/5 (44 votes)

GST on commercial rent (offices, shops, industrial units) is generally payable at 18% when the annual rental income exceeds the ₹20 lakh threshold. Liability usually falls on the landlord (forward charge), but if a registered business rents from an unregistered landlord, the tenant pays via Reverse Charge Mechanism (RCM).

Is GST payable on commercial rent?

The applicable GST rate on commercial property rent is 18%, which is levied on the taxable value of the rent collected. This tax is payable by the landlord, but in certain cases, tenants registered under GST may also be liable under the reverse charge mechanism.

Who is responsible for paying GST on rent?

GST on rented properties is calculated on the basis of the rent charged to the tenant for the property. The landlord has to pay GST on the rent income received from the tenant. The GST rate on renting an immovable property is 18%.

Who shall be liable to pay GST?

Who is liable to pay GST under the proposed GST regime? Under the GST regime, tax is payable by the taxable person on the supply of goods and/or services. Liability to pay tax arises when the taxable person crosses the turnover threshold of Rs. 20 lakhs (Rs.

Are there any GST exemptions on commercial rent?

No, there is no GST exemption on commercial rents. According to the GST Act, a commercial property leasing or renting is supplying a service which attracts a GST of 18% on the rental amount. However, small taxpayers with a yearly turnover that is less than Rs.

GST on RENT PAID Explained | Commercial & Residential Property including Composition Dealer | RCM

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Who is liable to pay RCM on rent?

1.Renting of Residential Property for Commercial Purposes

If a registered business entity rents a residential property, for example, for office or business purposes, then it is subject to GST under RCM. The tenant will have to pay GST at the applicable rate (as the registered person).

Do you have to pay GST on rental?

GST: when landlords must register and charge

Residential long‑term rent is exempt from GST. You don't register or charge GST on rent, and you can't claim GST on expenses tied to that rental activity. Short‑stay accommodation is different. Renting whole homes or rooms as short‑stay is a taxable activity.

Who is exempt from paying GST?

Answer: If turnover of the entity is less than the limit of Rs. 20 lakhs in a financial year, no tax would be payable. The exemption from payment of tax is applicable to services provided to a business entity having a turnover up to Rs. 20 lakh rupees.

Who doesn't have to pay GST?

There are really only two circumstances where customers are exempt from paying GST. The first is if it falls under the basic exemptions such as basic food, sales at duty-free and some medicines for example. The other circumstance is when a business is small enough that they don't have to register for GST credits.

What is the rule for GST payment?

Payments mandate a GST portal challan; online modes are preferred for amounts over ₹10,000, with 1% cash payment required if monthly turnover exceeds ₹50 lakh for some cases. Late fees apply at ₹200/day (₹100 CGST + ₹100 SGST), and interest at 18% p.a. on delays.

What are the GST rates for commercial property?

12% GST applies to under-construction commercial properties. No GST is charged if the property is sold after obtaining a completion certificate. What is the GST rate for commercial property leasing? Renting commercial property attracts 18% GST.

How does GST impact tenants?

GST on rent is applicable for commercial properties used for business purposes. On the other hand, GST is not applicable for residential properties, unless they are rented out for business purposes. The GST [18%] is applied to the rent amount paid by the tenants and the landlord is liable to pay it.

Does GST is mandatory?

Registration under GST is a legal requirement for businesses. The CGST Act 2017 specifies minimum turnover criteria for registration (Rs 40 lakhs for goods and Rs 20 lakhs for services). Still, certain specific businesses are required to register under the GST, irrespective of their annual turnover.

What transactions are exempt from GST?

Common Examples of GST Exempt Transactions:

Financial services – Most banking services, interest payments, and insurance premiums. Residential rent – Rental income from residential properties. Donated goods and services – Items or services that are given away without payment.

Who are the people not liable for GST registration?

But persons who are engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax or an agriculturist, to the extent of supply of produce out of cultivation of land are not liable to register under GST.

Who is liable for GST tax?

In general, the skip beneficiary will be responsible for the payment of any GST tax owed on the distribution, and will report the distribution on Form 706-GS(D).

What is the minimum turnover for GST?

What is the Minimum Turnover Limit for GST Registration? Businesses are required to register for GST and pay tax on their annual turnover if their annual revenue exceeds Rs. 40 lakhs in the case of goods supplied and Rs. 20 lakhs for the supply of services.

Do small businesses qualify for GST exemptions?

Certain government services and small businesses below the GST registration threshold also qualify for exemption. It's important to note that exempt supplies differ from non-GST supplies. Exempt supplies, like healthcare or education services, are part of the GST system but are not taxed.

Is GST applicable on commercial rent?

Lease or rental of immovable property for business attracts GST at 18% as a service. GST at 18% applies to rent for commercial spaces, treating it as a taxable service.

What rental income is subject to GST?

Landlords must register under GST if their total annual rental income exceeds Rs. 20 lakh (Rs. 40 lakh in some special states). Once registered, they are required to obtain a GSTIN, collect tax from tenants, and deposit it with the government.

Do I need to pay GST on rent?

The sale and lease of residential properties are exempted from GST (i.e. GST need not be charged). The sale and lease of non-residential properties are subject to GST.

Is commercial rent paid to unregistered person in GST?

RCM on Rent Paid to Unregistered Persons

Under the updated regulation, registered persons are now liable to pay GST at 18% under RCM for rents paid to unregistered persons. This applies to the following scenarios: Renting of commercial properties. Renting of residential properties used for commercial purposes.

What is a tenant liable to pay?

Generally, tenants are responsible for paying their own utility bills, broadband, phone, TV licence and council tax, unless these are included in the rent and set out in the tenancy agreement.

What happens if you don't pay GST?

An offender not paying tax or making short payments must pay a penalty of 10% of the tax amount due subject to a minimum of Rs. 10,000. Consider — in case tax has not been paid or a short payment is made, a minimum penalty of Rs 10,000 has to be paid. The maximum penalty is 10% of the tax unpaid.

Who needs to pay for GST?

You must register for GST if: your business has a GST turnover of $75,000 or more. your non-profit organisation has a GST turnover of $150,000 or more.