Let’s assume for this discussion that,
(1) “Person A” owns a residential apartment.
(2) “Person A” rents his residential apartment to a “Company B Pvt. Ltd.”
(3) “Person A” is not GST registered and rent is his only source of income. Also his annual income/turnover is below Rs. 20 Lacs.
(4) “Company B Pvt. Ltd.” is registered under GST.
Considering above factors, can you please explain if GST will be applicable on rent?
If yes, then how and why?
@Surbhi_Pal
so if I understand it correctly, “Company B Pvt. Ltd.” is not required to deduct GST under RCM on their rent payment to “Person A", irrespective of “Company B Pvt. Ltd.” using rented apartment for either commercial or residential purposes, right?
Yes, your understanding is correct. However, as mentioned previously, in case the apartment is being used for commercial purposes and the landlord’s annual income from rent exceeds Rs.20 Lakh, GST will be applicable and the same needs to be paid by the landlord.
In this case, the landlord is required to collect the GST from the tenant, that is, the Private limited company, and pay the same to the government under FCM.