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who have bear the service Tax and VAT -BY THRE CUSTOMER / BY BUILDER

Q: who have bear the SERVICE TAX and VAT -BY THRE CUSTOMER / BY BUILDER
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Replies (3)
1
In the case of ready-to-occupy flats, service tax is not payable as the construction is carried out by the builder/developer on his own account and later sold to independent buyer. As sale of ready-to-occupy flat amounts to sale of immovable property, VAT is also not applicable on such transactions. However, the sale agreement should not have been entered or payment made before the completion certificate is issued.
Praneeth Kumar


How are VAT and Service Tax Charged?
Ramya Janagam,  Hyderabad
15th October 2014


Well,
No VAT on ready-to-occupy flats if sale agreement is signed after issuance of completion certificate
VAT not applicable on land value
Service tax rate for under-construction flats is 3.09 per cent
If flat is worth more than Rs 1 crore or more than 2,000 sq ft, then service tax is 3.71 per cent, provided the agreement has been signed after March 2013
Praneeth Kumar,  Hyderabad
15th October 2014


2
Well Parneeth,
If you are looking to buy a flat, you must also budget for service tax and Value Added Tax (VAT) in addition to the purchase price and stamp duty. With a recent Supreme Court ruling on sale of under-construction flats, there is possibility of demand of VAT (where it was earlier not collected) for flats sold years back.
Ramya Janagam


3
Hi,
As State-VAT is an indirect tax, generally passed on to the buyer, the flat buyer would now bear an additional tax. For buyers who were already charged VAT, the judgment now assures them that it is payable. But the buyers who were not charged VAT should check whether the builder has inserted appropriate tax clauses in the under-construction agreement to recover VAT dues. Generally, builders have been prudent to insert such clauses. Thus, buyers who were not charged VAT on under-construction flats may now have to bear the additional cost (which was not considered at the time of financing the purchase through banks/ financial institutions).
Praneeth Kumar


4

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