New GST real estate rate to be applicable from April, source 80% materials from registered dealer

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The GST Council Tuesday approved a transition plan for the implementation of new tax structure for the real estate sector with applicable rules for housing units being applicable from April 1, 2019. The Council also decided that under construction projects will have an option to shift to new rate. The GST Council in its 33rd meeting on February 24, 2019 had come up with new rates for housing units. GST will be levied at effective rate of 5% without ITC on residential properties outside affordable segment, while GST shall be levied at effective GST of 1% without ITC on affordable housing properties.

A residential house/flat of carpet area of up to 90 sqm in non-metropolitan cities/towns and 60 sqm in metropolitan cities having value up to Rs. 45 lakh (both for metropolitan and non-metropolitan cities) has been categorized as affordable housing. Metropolitan cities are Bengaluru, Chennai, Delhi NCR (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon, Faridabad), Hyderabad, Kolkata and Mumbai (whole of MMR).

The Council in it meeting today also held that 80% procurement of materials should be from registered dealer. It also announced that up to 15% of commercial space to be treated as residential property for GST purpose. However, the exact contour of this point mooted by the Council is not very clear.

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