2025 Guide to GST on Property in India: Tax Rates, ITC & Cost Calculation

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  • 18th Apr 2025
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2025 Guide to GST on Property in India: Tax Rates, ITC & Cost Calculation
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As India's real estate market continues to evolve, understanding the Goods and Services Tax (GST) framework becomes crucial for homebuyers, investors, and developers alike. This comprehensive guide explores the 2025 GST regime's impact on real estate, helping you make informed property decisions.

What is GST on Real Estate?

Under Section 2(119) of the Central Goods and Services Tax (CGST) Act, 2017, GST applies to the construction of complexes, buildings, and civil structures. Homebuyers and investors pay GST primarily on under-construction properties. Before GST implementation, property buyers faced multiple taxes including VAT, service tax, and registration charges. Now, GST simplifies taxation by applying only to under-construction properties.

When is GST Applicable on Residential Properties?

Understanding when GST applies helps you plan your property budget effectively:

  • Under-construction properties: Properties still being built or booked just before completion
  • Commercial use of residential property: Rental income from residential properties used for commercial purposes
  • Additional services: Charges for parking, clubhouse membership, and maintenance when bundled with the property

When parking is sold with the housing unit, it attracts GST. Residential properties with maintenance charges exceeding Rs 7,500 per month incur an 18% GST. Clubhouse facilities also attract GST when mentioned in the sale deed.

When is GST Not Applicable?

GST exemptions apply to:

  • Ready-to-move properties: Completed properties with issued completion certificates
  • Personal residential rentals: Properties rented solely for personal residential use
  • Resale properties: Secondary market transactions where taxes are covered by stamp duty and registration charges

GST Exemption on Rental Properties

Rental properties enjoy GST exemptions when:

  • They are rented for personal residential use
  • The annual rental income is below Rs 20 lakh (Rs 10 lakh for special category states)

GST Rates on Different Property Types in 2025

Property Type GST Rate
Affordable Housing 1%
Residential 5% (without ITC)
Commercial 12%

Comprehensive GST Taxation Rates

Property Type GST Rate Input Tax Credit
Ready-to-move properties Not applicable Not available
Resale properties Not applicable Not available
Land purchase and sale Not applicable Not available
Under-construction properties (CLSS) 8% Available
Affordable housing by promoter 1.5% Limited availability as per Annexures
Non-affordable housing by promoter (post-April 2019) 7.5% Limited availability as per Annexures
Under-construction properties (general) 12% Available
Works contract 18% Available
Composite supply works 18% Available
Government authority composite supply 12% Available
Public use composite supply 12% Available
Affordable housing composite supply 12% Available

Impact of GST on Real Estate in 2025

For Homebuyers

Previously, buyers of under-construction properties paid multiple taxes including service tax, VAT, stamp duty, and registration charges. With GST, they pay a single 12% tax on under-construction properties, while completed properties attract no GST. This simplification has made the property buying process more transparent.

For Developers

Before GST, developers paid numerous taxes like excise duty, VAT, customs duty, and octroi on materials and services. Without Input Tax Credit (ITC) availability for many of these taxes, costs were passed to homebuyers.

The GST regime has significantly reduced developers' costs by consolidating taxes and providing ITC benefits. This helps developers maintain profit margins without burdening buyers. Additionally, GST's transparent structure has minimized under-reporting of expenses, as developers now have incentives to record all transactions to claim ITC.

Impact on Affordable Housing Projects

Parameter Pre-April 2019 Post-April 2019
Property cost per sq ft Rs 3,500 Rs 3,500
GST rate 8% 1%
GST amount Rs 280 Rs 35
ITC benefit (materials at 18%) Rs 270 Not applicable
Total cost Rs 3,510 Rs 3,535

Impact on Government Housing Schemes

Government housing schemes like Pradhan Mantri Awas Yojana, Jawaharlal Nehru National Urban Renewal Mission, and Rajiv Awas Yojana now attract just 1% GST, making them more affordable for beneficiaries.

Impact on Luxury Housing

Parameter Pre-April 2019 Post-April 2019
Property cost per sq ft Rs 7,000 Rs 7,000
GST rate 12% 5%
GST amount Rs 840 Rs 350
ITC benefit (materials at 15%) Rs 126 Not applicable
Total cost Rs 7,714 Rs 7,350

For luxury properties, important considerations include:

  • Additional costs for clubhouse, parking, and premium features attract 12-18% GST
  • Customized designs attract additional GST, increasing the property's overall cost

Impact on Floor Space Index (FSI)

There have been discussions about applying 18% GST on Floor Space Index (FSI) and additional FSI charges paid by developers to local authorities. However, according to the Press Information Bureau, this matter was deferred for further examination during the 55th GST Council meeting, as these payments relate to municipal or local authorities.

Impact on Stamp Duty and Registration Charges

Despite GST subsuming many state and central taxes, stamp duty (5-10%) and registration charges (0.5-1%) remain separate. These charges continue to be levied by state governments and vary across states.

How to Calculate GST on Real Estate

To calculate GST on property in any Indian state, follow this formula:

  1. Take the under-construction property value (e.g., Rs 1,000)
  2. Deduct 33% as land value (Rs 330)
  3. Calculate GST on the remaining amount (Rs 670) using applicable rates
  4. Total GST is the sum of State GST and Central GST

Eligibility to Claim Input Tax Credit (ITC)

Developers can claim ITC if:

  • They possess a valid tax invoice and have paid the invoice within 180 days
  • They have received the goods/services for which ITC is claimed
  • They have filed GSTR-3B with details matching GSTR-2B
  • The supplier is GST-registered and has paid tax to the government
  • No depreciation has been claimed on the tax component of capital goods

ITC must be claimed by the earlier of:

  • November 30 of the following financial year
  • Annual returns filing date

Advantages of GST in Real Estate

  • Uniform taxation: Single tax rate across India creates consistency in property pricing
  • Elimination of double taxation: GST replaces multiple taxes, simplifying the tax structure
  • Transparency: Clear guidelines on GST applicability help homebuyers plan finances better
  • Simplified compliance: Straightforward tax slabs reduce paperwork and legal complexities
  • Clear financial obligations: Buyers understand exactly what they're paying for

6 Tips to Ensure GST Compliance When Buying Property

  1. Verify property status: Confirm if the property is under-construction, ready-to-move, or resale
  2. Check completion certificate: Properties with completion certificates are exempt from GST
  3. Identify applicable category: Calculate GST based on whether the property is affordable (1%) or luxury (5%)
  4. Account for additional costs: Factor in GST on parking, maintenance, and amenities
  5. Verify ITC benefits: Ensure the developer has passed on ITC benefits to reduce the total property value
  6. Seek legal advice: Consult a legal expert to understand GST implications before making payments

Pre-GST Real Estate Taxation

Tax Type Rate
VAT 1-4%
Service Tax 4.5%
Stamp Duty 5-7%
Registration 0.5-1%

Note: VAT, stamp duty, and registration charges varied across states.

Pre-GST vs. Post-GST Comparison

Parameter Pre-GST Post-GST
Tax structure Multiple taxes (VAT, service tax, registration fees) Single tax plus stamp duty and registration
Tax uniformity Varied across states Uniform across India
Input Tax Credit Limited availability Available to developers, reducing costs
Compliance process Complex documentation Simplified calculations and procedures

Common GST Misconceptions in Real Estate

"GST applies to resale properties"
Fact: GST is not applicable on resale properties. These transactions are subject only to stamp duty and registration charges.

"Ready-to-move properties attract GST"
Fact: Properties with completion certificates are exempt from GST. Buyers pay only stamp duty and registration charges.

"Homebuyers face double taxation"
Fact: GST replaced multiple taxes like VAT, service tax, and excise duty. Buyers now pay a single consolidated tax instead of multiple levies.

Challenges in GST Implementation

Despite its benefits, GST implementation faces challenges:

  • Confusion over applicability: Distinguishing between property types (under-construction, ready-to-move, resale) for GST purposes
  • Ambiguity in additional costs: Unclear guidelines on GST for amenities like clubhouse membership and parking
  • Complex ITC calculations: Developers struggle with extensive calculations to determine and pass on ITC benefits
  • Reverse Charge Mechanism (RCM): When developers procure goods or services from unregistered suppliers, they must pay GST through RCM, which cannot be adjusted with ITC

Conclusion

The 2025 GST regime has transformed India's real estate taxation landscape, bringing greater transparency and simplification. While challenges remain, the overall impact has been positive for both homebuyers and developers. Understanding GST implications is essential for making informed property decisions and managing costs effectively in today's real estate market.

Frequently Asked Questions

1. Do I need to pay GST on a ready-to-move-in flat?
No, GST is not applicable on ready-to-move-in properties that have received completion certificates.

2. What is the GST rate for affordable housing in 2025?
Affordable housing attracts a GST rate of 1% without Input Tax Credit.

3. Will I get an Input Tax Credit benefit as a homebuyer?
Homebuyers cannot claim ITC directly, but developers may pass on the benefit through reduced pricing.

4. Is GST applicable when I sell my old flat?
No, resale properties are exempt from GST. You only pay stamp duty and registration charges.

5. Do I need to pay GST on maintenance charges for my apartment?
Yes, if monthly maintenance exceeds Rs 7,500, it attracts 18% GST.

6. Is GST applicable on home loan processing fees?
Yes, home loan processing fees attract 18% GST as they fall under banking services.

7. Can developers claim Input Tax Credit on all construction materials?
Developers can claim ITC on most materials but with certain limitations as per GST rules.

8. Does GST apply to rental income from my residential property?
GST is exempt on residential rentals but applies if the property is used for commercial purposes.

If you're planning to invest in real estate, make sure to also check out our guide on key factors to check before investing in real estate and the ultimate home buying checklist to make an informed decision.


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