Q: What will be the GST on a ready-to-move-in commercial shop from a builder wherein he is still waiting to get the Occupancy Certificate? Can the builder get the input benefit from the government on a deal?
GST is applicable on properties that have not yet received the Completion or Occupancy Certificate. Ready-to-move apartments will have no GST but the developer will only get input credits on construction costs. Developers will collect and pay GST on the cost of the project.
GST only on under-construction property and not on ready-to-move-in properties. no GST would be levied on ready-to-move-in or completed property, as per the Paragraph 5(b) of the Third Schedule to the CGST Act, 2017. 1) In case of purchase of under-construction residential or commercial property, from a builder, involving the transfer of the interest in land or individual share of land to the buyer, the effective rate of GST for such purchase would be 12%, with full ITC. 2) GST would be levied at the rate of 18% on Two 3rd of the amount of the property, whereas One 3rd of the amount was deemed to be the value of land or undivided share of land supplied to the buyer. The consideration amount which did not constitute the transfer in land or undivided share of land as part of the consideration, for instance, construction services provided by a sub-contractor to a builder, would attract levy of GST at the rate of 18%, with full ITC.
Under construction commercial property would levy 12% GST, my question is whether builder can raise invoice of IGST for full ITC. Can a builder raise invoice with IGST to a buyer from different state other than the builder?