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 Implication on  Real Estate & other issues in GST (Amendments)  Implication on  Real Estate & other issues in GST (Amendments)

Implication on Real Estate & other issues in GST (Amendments) - PowerPoint Presentation

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Implication on Real Estate & other issues in GST (Amendments) - PPT Presentation

Notifications and other material 2 NN No Amended Sections Gist 032019CTRate dt 29032019 N No 112017 CT Rate 91 34 111 155 161 amp 148 New rates for Real estate sector ITC ID: 776069

rate 2019 section construction rate 2019 section construction gst project unit residential tax 160 contract rates services 200 lease

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Presentation Transcript

Slide1

Implication on

Real Estate & other issues in GST (Amendments)

Slide2

Notifications and other material

2

NN

No.

Amended

Sections

Gist

03/2019-CT(Rate) ,

dt

. 29-03-2019

N No. 11/2017 - CT (Rate)

9(1), (3),(4), 11(1), 15(5) , 16(1) & 148

New rates for Real estate sector, ITC

calculation

04/2019-CT(Rate) ,

dt

. 29-03-2019

N No. 12/2017 - CT (Rate)

Section 11(1)

Exemption to DR+FSI and LT Lease for residential apartments

05/2019-CT(Rate) ,

dt

. 29-03-2019

N No. 13/2017 - CT (Rate)

Section 9(3)

RCM services: DR+FSI and LT Lease (upfront

+ periodic)

06/2019-CT(Rate) ,

dt

. 29-03-2019

NA

Section 148

Time of supply for DR+FSI, Upfront LT Lease and Construction service to land owner

agst

DR+FSI

07/2019-CT(Rate) ,

dt

. 29-03-2019

NA

Section 9(4)

notify certain services to be taxed under RCM under section 9(4) of CGST Act as recommended by 

08/2019-CT(Rate) ,

dt

. 29-03-2019

N No. 1/2017- CT (Rate)

Section 9(1) and 15(5)

notify CGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector.

16/2019-CT ,

dt

. 29-03-2019

CGST Rules

Section 164

Input

tax credit and others with forms

Order No. 4/2019 – CT

ROD

Section 172

Credit attribution on area basis of the area of the construction

Slide3

Highlights of New Scheme

3

Slide4

Highlights of New Scheme

4

Slide5

Rate Change or Business Change!!

5

Slide6

Impact areas on project in Transition and New

6

Slide7

Impact on Sale Price of the project

7

Slide8

Exclusive GST Contract

8

Particulars

Value

GST

Total

Before 01.04.2019

Cost per sq. ft. of unit

1,200/-

96/- (8%)

1,200/-

Selling Rate per sq. ft. of unit

2,000/-

160/- (8%)

2,160/-

From 01.04.2019

Cost per sq. ft. of unit

1,200/-

96/- (8%)

1296/-

Selling Rate per sq. ft. of unit

2,000/-

20/- (1%)

2,020/-

OR 2,116/-?

Slide9

Inclusive GST Contract

9

Particulars

Value

GST

Total

Before 01.04.2019

Cost per sq. ft. of unit

1,200/-

96/- (8%)

1,200/-

Selling Rate per sq. ft. of unit

2,160/-

160/- (8%)

2,160/-

From 01.04.2019

Cost per sq. ft. of unit

1,200/-

96/- (8%)

1296/-

Selling Rate per sq. ft. of unit

2,160/- or 2020/-or 2,116/-

20/- (1%)

2,160/- or 2020/-or 2,116/-

Slide10

Concept of Implied Contract

10

Slide11

Implied Contract

Section 9 of Contract Act: Promises, express and impliedIn so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.Southern Foundries (1926) Ltd v Shirlaw'Prima facie that which in any contract is left to be implied and need not be expressed is something so obvious that it goes without saying; so that, if while the parties were making their bargain an officious by-stander were to suggest some express provision for it in their agreement, they would testily suppress him with a common, 'Oh, of course'. Section 171 CGST Act: Anti-profiteering measureAny reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices.

11

Slide12

Real Estate Transactions

12

Slide13

Real Estate Transactions

13

Slide14

Construction Service

14

Slide15

Definitions

15

Slide16

Affordable Residential Apartment

16

Slide17

80IBA v/s GST

17

Slide18

Ongoing Project &Project which commences on or after 1st April, 2019

18

Slide19

Residential and Commercial Apartment

Residential: an apartment intended for residential use as declared to the RERACommercial: Other than residential

19

Slide20

Commencement certificate

The commencement certificate or the building permit or the construction permit, by whatever name called issued by the competent authority to allow or permit the promoter to begin development works on an immovable property, as per the sanctioned plan.

20

Slide21

Identify Project!!

21

Slide22

Identify Project!!

Multistorey Ltd. has a plot of land admeasuring 6000 sqmt. It had planned to construct 2 towers on it in 2 phases. Phase 1, Construction has been started in January 2018 for first tower, which is under construction as of now. Phase 2, Construction of Second tower will start in January 2020. How many projects are there?

22

Slide23

Rates

23

Slide24

Rate Summary

24

Slide25

Conditions for New Rates

25

Slide26

Conditions for New Rates

26

Slide27

Condition of 80% Procurement

27

Slide28

Conditions for New Rates

28

Slide29

Conditions for New Rates: Pay under RCM

29

Slide30

Illustration: 1

30

Slide31

Illustration 2

31

Slide32

Developer & Land owner Condition

32

Slide33

Major Types of Development Agreements

33

Slide34

Developer Condition w.e.f. 01.04.2019

34

Slide35

Land owner Condition w.e.f. 01.04.2019

35

Slide36

Rate of tax for Contractors

36

Slide37

Composite supply of works contract

37

Slide38

Development Rights/ LT Lease

38

Slide39

Are Development Rights taxable?

39

Slide40

RCM for Promoter [Sec. 9(3)/5(3)]

40

Slide41

Exemption for DR/LT Lease

41

Slide42

REVERSAL in case of Sale of Units post Completion

42

Slide43

Removal of Difficulty Order

43

Slide44

Case Studies

44

Slide45

Questions

Whether all the apartments in a project has to satisfy the condition of affordable housing in order to avail the concessional effective rate of 1% on the affordable residential apartment?Whether the Landlord be eligible to avail input tax credit on the construction services which are taxable at the effective of rate of 1% and 5% in an on-going project? Whether a sub-contractor or any other person who is only providing construction services and is not involved in sale can claim the above concessional rates of tax?

45

Slide46

Gross Amount Charged

Mr. C (builder) sells a residential apartment to Mr. D(before obtaining CC) at Rs. 40 lakhs (excluding GST). He charges an additional amount towards preferential location charges.Comment on GST rate if:Case 1: Preferential charges constitute Rs. 2.75 lakhsCase 2: Preferential charges constitute Rs.8 lakhs

46

Slide47

Computation of Reversal

47

Slide48

Thank You

48