Mr. Prabhat Jain, Apartment Resident
Q: Hello, I have two 1 BHK flats attached internally. However as per Index 2 and property tax bill it is a single flat. Now I am using one 1 BHK and second one is rented out. Please tell me, as per law can society charge me double maintenance. Thanks you.

My replies to this discussion
Maintenance Charges has to be calculated in compliance of the law only.. it can not be doubled. like water charges with respect to the count of water tap, it may double if you have two bathrooms than other 1 bhk. electricity as equal to the flat occupant - this will remain single as you have one unit only CA Prabhat JainMaintenance Charges has to be calculated in compliance of the law only.. it can not be doubled. like water charges with respect to the count of water tap, it may double if you have two bathrooms than other 1 bhk. electricity as equal to the flat occupant - this will remain single as you have one unit only CA Prabhat Jain
Q: Housing Societies and the current indirect tax structure Currently, the housing societies are covered under the provision of Service Tax Act.

My replies to this discussion
Impact of changes post GST council meeting dated 06 Oct 2017 1 Quarterly Return filling if Society is turnover or annual receipts are less than 15 crore than SocietyRWA is require to file quarterly returns instead of monthly return 2 No RCM on purchases There wont be any RCM on input Purchases Section 94 CGST And 54 IGST from unregistered dealers so no more GST liability on RCM till March 2018 3 No Requirement to pay GST at the time of receipt of advances if taxpayer having annual turnover below 15 crore All these amendments will provide relief to the small tax payers and the CHSRWA in following the GST compliance requirementImpact of changes post GST council meeting dated 06 Oct 2017 1 Quarterly Return filling if Society is turnover or annual receipts are less than 15 crore than SocietyRWA is require to file quarterly returns instead of monthly return 2 No RCM on purchases There wont be any RCM on input Purchases Section 94 CGST And 54 IGST from unregistered dealers so no more GST liability on RCM till March 2018 3 No Requirement to pay GST at the time of receipt of advances if taxpayer having annual turnover below 15 crore All these amendments will provide relief to the small tax payers and the CHSRWA in following the GST compliance requirement
Housing Societies and the current indirect tax structure Currently, the housing societies are covered under the provision of Service Tax Act. All Apartment Owners Associations Housing Societies where the taxable Income i.e. total receipts less exempted amounts during last year exceed Rs 12 lacs are required to be registered under Service Tax and pay the same. The service tax is exempted up to an amount of five thousand rupees per month per member for sourcing of goods or services from a third person for the common use of its members in a housing society or a residential complex Service Tax is applicable to the Commercial Association or Units, no exemption is applicable. The Exemption is applicable for Residential Units or housing societies only.Housing Societies and the current indirect tax structure Currently, the housing societies are covered under the provision of Service Tax Act. All Apartment Owners Associations Housing Societies where the taxable Income i.e. total receipts less exempted amounts during last year exceed Rs 12 lacs are required to be registered under Service Tax and pay the same. The service tax is exempted up to an amount of five thousand rupees per month per member for sourcing of goods or services from a third person for the common use of its members in a housing society or a residential complex Service Tax is applicable to the Commercial Association or Units, no exemption is applicable. The Exemption is applicable for Residential Units or housing societies only.
Registration under the GST every supplier ,including his agent, who makes a taxable supply ie supply of goods and or services which are leviable to tax under GST law, and his aggregate turnover in a financial year exceeds the threshold limit of twenty lakh rupees shall be liable to register himself in the State or the Union territory of Delhi or Puducherry from where he makes the taxable supply In case of eleven special category states ,as mentioned in Art279A,4,,g, of the Constitution of India,, this threshold limit for registration liability is ten lakh rupees Aggregate turnover shall include the aggregate value of all taxable supplies, exempt supplies and exports of goods and or services and exclude taxes viz GSTRegistration under the GST every supplier ,including his agent, who makes a taxable supply ie supply of goods and or services which are leviable to tax under GST law, and his aggregate turnover in a financial year exceeds the threshold limit of twenty lakh rupees shall be liable to register himself in the State or the Union territory of Delhi or Puducherry from where he makes the taxable supply In case of eleven special category states ,as mentioned in Art279A,4,,g, of the Constitution of India,, this threshold limit for registration liability is ten lakh rupees Aggregate turnover shall include the aggregate value of all taxable supplies, exempt supplies and exports of goods and or services and exclude taxes viz GST
As per this provision, every housing society having receipt above the threshold i.e 20 lakh rupees or 10 lakh rupees as specified shall be required to get registered under the GST. Turnover includes the exempted supplies. For example, if a housing society collects the maintenance fees from its member above 20 lakh rupees in a year ( or 10 Lakh rupees as specified) will require to get registered irrespective of the fact the fee is less than five thousand rupees per month per member.As per this provision, every housing society having receipt above the threshold i.e 20 lakh rupees or 10 lakh rupees as specified shall be required to get registered under the GST. Turnover includes the exempted supplies. For example, if a housing society collects the maintenance fees from its member above 20 lakh rupees in a year ( or 10 Lakh rupees as specified) will require to get registered irrespective of the fact the fee is less than five thousand rupees per month per member.
Q: HSG society is required to register if total income exceed the threshold 20L and pay GST only if the monthly maintenance fee exceeds 5000 per flat or any flat having above the threshold. Also society has to pay the GST on other charges levied on the members and non members.Also society has to pay GST on reverse charge basis for any Goods services supplied by an unregistered person or on specified RCM services i.e. advocate services etc.

My replies to this discussion
Impact of changes post GST council meeting dated 06 Oct 2017 1 Quarterly Return filling if Society is turnover or annual receipts are less than 15 crore than SocietyRWA is require to file quarterly returns instead of monthly return 2 No RCM on purchases There wont be any RCM on input Purchases Section 94 CGST And 54 IGST from unregistered dealers so no more GST liability on RCM till March 2018 3 No Requirement to pay GST at the time of receipt of advances if taxpayer having annual turnover below 15 crore All these amendments will provide relief to the small tax payers and the CHSRWA in following the GST compliance requirementImpact of changes post GST council meeting dated 06 Oct 2017 1 Quarterly Return filling if Society is turnover or annual receipts are less than 15 crore than SocietyRWA is require to file quarterly returns instead of monthly return 2 No RCM on purchases There wont be any RCM on input Purchases Section 94 CGST And 54 IGST from unregistered dealers so no more GST liability on RCM till March 2018 3 No Requirement to pay GST at the time of receipt of advances if taxpayer having annual turnover below 15 crore All these amendments will provide relief to the small tax payers and the CHSRWA in following the GST compliance requirement
Q: No sir, if the income is below the threshold limit not required to register and Reverse charge will also not applicable in this case.

My replies to this discussion
Impact of changes post GST council meeting dated 06 Oct 2017 1 Quarterly Return filling if Society is turnover or annual receipts are less than 15 crore than SocietyRWA is require to file quarterly returns instead of monthly returnImpact of changes post GST council meeting dated 06 Oct 2017 1 Quarterly Return filling if Society is turnover or annual receipts are less than 15 crore than SocietyRWA is require to file quarterly returns instead of monthly return
2 No RCM on purchases There wont be any RCM on input Purchases Section 94 CGST And 54 IGST from unregistered dealers so no more GST liability on RCM till March 2018 3 No Requirement to pay GST at the time of receipt of advances if taxpayer having annual turnover below 15 crore All these amendments will provide relief to the small tax payers and the CHSRWA in following the GST compliance requirement2 No RCM on purchases There wont be any RCM on input Purchases Section 94 CGST And 54 IGST from unregistered dealers so no more GST liability on RCM till March 2018 3 No Requirement to pay GST at the time of receipt of advances if taxpayer having annual turnover below 15 crore All these amendments will provide relief to the small tax payers and the CHSRWA in following the GST compliance requirement
Q: maintenance is currently managed by Builder. If the society gets registered before 31st March 2018, will the expenses that were made for the society in FY1718 be applicable for tax credits?

My replies to this discussion
Yes, the invoices in the name of Society, as registered under GST.Yes, the invoices in the name of Society, as registered under GST.
Q: Can the cost of water being included in the maintenance charges be excluded for charging GST as 5000 per month is exempted.

My replies to this discussion
no, as being procured by society and reimbursed by residents.no, as being procured by society and reimbursed by residents.
Q: society committee want to charge gst on maintenance below 5k per month

My replies to this discussion
it will be illegalit will be illegal
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