GST on Rent and Real Estate: What Landlords, Tenants and Home Buyers Should Know

GST on property is often misunderstood. Not all rent is taxable, a flat sale isn’t always taxable, and since 2022–24 a set of reverse charge rules has shifted the tax onto registered tenants in some cases. Here is the position as of 2026.

1. Residential rent

Situation GST
Residential dwelling rented to an individual for living (unregistered tenant) Exempt
Residential dwelling rented to a registered person (e.g. a company taking a flat for employees) 18% under reverse charge: the tenant pays (since 18 July 2022)
Rented to a registered proprietor in their personal capacity, for their own residence Exempt
Residential property used as a guest house, hotel or PG (commercial use) Generally taxable, as accommodation services

2. Commercial rent (shops, offices, warehouses)

Landlord Tenant Who pays GST at 18%
Registered landlord Anyone Landlord charges GST on the invoice (forward charge)
Unregistered landlord Registered tenant Tenant pays under reverse charge (from 10 October 2024)
Unregistered landlord Composition taxpayer tenant Excluded from this reverse charge, from 16 January 2025
Unregistered landlord Unregistered tenant No GST

Landlord registration: a landlord earning commercial rent must register once aggregate turnover (rent plus other taxable supplies) crosses ₹20 lakh in a year. Exempt residential rent counts in aggregate turnover but is not taxed.

Tenants paying under reverse charge pay in cash through GSTR-3B. They can generally claim it back as ITC in the same return if the premises are used for taxable business, so it is often cash-flow neutral.

Security deposits: a refundable deposit is not consideration and attracts no GST. A deposit adjusted against rent becomes taxable when adjusted.

3. Buying an under-construction flat

Type GST rate ITC to builder
Affordable housing (carpet area up to 60 sq m in metros / 90 sq m elsewhere, value up to ₹45 lakh) 1% (effective) Not available
Other residential apartments 5% (effective) Not available
Commercial units in a residential real estate project 5% Not available

The effective rate is applied after a deemed one-third deduction for land value, so GST is calculated on the total price. Mumbai Metropolitan Region counts as a metro for this test. The GST 2.0 rate changes from 22 September 2025 did not change these real-estate rates.

4. Ready-to-move property

GST does not apply to the sale of:

  • a completed flat or building after the completion certificate (or first occupation)
  • land
  • a resale flat between individuals

Only stamp duty and registration apply.

5. Other real estate charges

Charge GST
Society maintenance Exempt up to ₹7,500 per member per month. Above that, 18% on the whole amount (if the society’s turnover exceeds ₹20 lakh)
Preferential location charges, parking (sold with an under-construction flat) Part of the flat price, at the same rate
Brokerage 18%
Lease premium / long-term lease of industrial plots Specific exemptions for some government lessors. Otherwise taxable

Practical tips

  • Companies renting flats for staff: set up the reverse charge entry in your books and GSTR-3B, and claim ITC where eligible. Accommodation used for personal consumption of employees may be blocked.
  • Registered tenants of unregistered landlords: create a self-invoice and pay the GST under RCM monthly.
  • Landlords with several commercial properties: track turnover to know when you cross ₹20 lakh.
  • Home buyers: check that the builder’s invoice shows the correct rate (1% or 5%) and does not charge GST after the completion certificate.

Frequently asked questions

I rent my flat to a company for its director’s stay. Who pays GST?
If the company is registered, it pays 18% under reverse charge. You (an individual landlord) don’t charge GST, and the rent remains exempt in your hands.

Is GST payable on rent for a shop I let to a small trader?
If you are unregistered and the trader is unregistered, no GST. If you are registered, you must charge 18%. If the trader is registered (but not under composition) and you are unregistered, the trader pays under reverse charge.

Is GST payable on a resale flat?
No. GST applies only to under-construction properties sold by a builder.


Renting property or buying from a builder? Garvita Jain & Co. checks GST on your lease and purchase agreements, sets up reverse charge compliance for tenants, and registers landlords who cross the threshold. Contact us here, or at contact@garvitajainandco.com or +91 98678 16597.

This article is general information based on the law as of November 2026 and is not professional advice.


Sources

Official

Professional / CA publications


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