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Ministry of Finance Expands GST Reverse Charge for Non-Residential Rentals

Ministry of Finance

On October 8, 2024, the Ministry of Finance (Department of Revenue) issued Notification No. 09/2024 – Central Tax (Rate), which modifies the Notification dated June 28, 2017, in line with the recommendations of the GST Council. This latest amendment expands the scope of services subject to the Reverse Charge Mechanism (RCM) under the Goods and Services Tax (GST), with new implications for renting of property.

Understanding the Original 2017 Notification

The June 28, 2017 Notification originally established that certain categories of services would be taxed on a reverse charge basis. This means that the recipient, rather than the supplier, of the specified services is responsible for paying the central tax under Section 9 of the Central Goods and Services Tax (CGST) Act. The table included in the notification lists categories of services, along with details of who supplies the service and who is responsible for paying the tax.

New Amendment Adds Renting of Non-Residential Property

The October 2024 Notification adds a new entry under serial number 5AB, specifically addressing the renting of any property other than residential dwellings. According to the new provision:

In practical terms, this means that if an unregistered person rents out a non-residential property to a registered GST taxpayer, the registered taxpayer will be liable to pay GST under the reverse charge mechanism. This addition follows the same structure as previous entries, aiming to streamline tax compliance and ensure tax revenue on transactions involving unregistered suppliers.

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Implications for Businesses and Registered Persons

This notification, effective from October 10, 2024, brings new responsibilities for registered businesses that rent non-residential properties from unregistered persons. Now, such businesses are directly responsible for:

Objectives and Rationale for the Amendment

The modification appears to aim at:

With the expanded RCM application, the government emphasizes compliance and responsibility on registered entities, rather than on unregistered suppliers, as part of a broader strategy to streamline tax processes and capture revenue effectively.

Conclusion

The Ministry of Finance’s amendment to the June 28, 2017 Notification further broadens the reach of GST’s Reverse Charge Mechanism to cover rentals of non-residential properties by unregistered persons. This change, effective from October 10, 2024, will necessitate adjustments by registered GST taxpayers who engage in these rental transactions. The government’s approach highlights its focus on enhancing compliance while bringing more transactions under the GST umbrella to facilitate tax collection.

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