Flat maintenance charges are a routine expense for residents living in housing societies or apartment complexes, covering services like security, cleaning, and common area upkeep. However, these charges often come with an additional cost: Goods and Services Tax (GST). Understanding how GST applies to flat maintenance charges is crucial for homeowners and tenants to manage their finances and ensure compliance with tax regulations. In this article, we delve into the GST rules, exemptions, and their impact on residents to provide a clear perspective on this often-overlooked aspect of housing costs.
What are flat maintenance charges?
Flat maintenance charges are fees collected by housing societies or apartment management committees to cover the upkeep and management of shared spaces and amenities within a residential complex. These charges typically fund services like security, cleaning, landscaping, electricity for common areas, water supply, and maintenance of lifts, swimming pools, or gyms. Maintenance charges are usually calculated based on the size of the flat or as a standard fee for all residents. They ensure that the community’s infrastructure and facilities remain in good condition, contributing to a comfortable and hassle-free living environment.
Applicability of GST on maintenance charges
The Goods and Services Tax (GST) applies to flat maintenance charges under specific conditions outlined by Indian tax laws. If the total monthly maintenance charges exceed Rs 7,500 per flat, GST is levied at 18% on the entire amount. This threshold is applicable per housing unit and is subject to change as per government regulations. However, if the charges remain below Rs 7,500, they are exempt from GST. Additionally, housing societies or resident welfare associations (RWAs) must register under GST if their annual turnover exceeds Rs 20 lakh. This registration mandates the society to charge GST on applicable maintenance fees, ensuring compliance with taxation norms.
How is GST on maintenance charges calculated?
The GST rate applicable to flat maintenance charges is 18%. This rate is imposed on the total maintenance amount when the monthly charges per flat exceedRs ₹7,500. Importantly, if the charges cross this threshold, GST is applied to the entire amount, not just the amount exceeding Rs 7,500. For example, if the monthly maintenance charge is Rs 8,000, GST is calculated on the full Rs 8,000, resulting in an additional tax of Rs 1,440.
GST on flat maintenance charges: Exemptions and special cases
Certain exemptions and special cases apply to GST on flat maintenance charges, providing relief in specific situations:
- Threshold for GST applicability: Maintenance charges below Rs 7,500 per month per member are exempt from GST.
- RWAs with low turnover: Resident Welfare Associations with an annual turnover of less than Rs 20 lakh are not required to register under GST. Consequently, they are not obligated to collect GST on maintenance charges, regardless of the amount charged to residents.
- Exemption for non-profit activities: Activities directly related to the common welfare of residents, such as organizing cultural or sports events, may be exempt from GST if they are non-commercial in nature and align with the purpose of the RWA.
- Input tax credit (ITC): RWAs registered under GST can claim ITC for goods and services used to provide maintenance services. This can help reduce the overall tax burden on the RWA.
Expenses included and excluded in the GST applicability threshold
Expenses to be included in the Rs 7,500-threshold for GST applicability include:
- Property tax on common areas: Taxes levied on the common spaces of the society must be factored into the Rs 7,500 threshold.
- Maintenance charges: Costs incurred for administrative tasks, auditing, security services, and other general operations are taxable and contribute to the Rs 7,500 cap.
- Sinking fund: Since the sinking fund is collected for services provided to members, it is considered taxable and included in the limit.
- Common water charges: Charges for regular water usage in common areas are taxable and must be included in the threshold.
- Use of common spaces: Fees for using shared spaces, whether by members or outsiders, are taxable and must be counted toward the threshold.
- Standard facilities: Usage fees for amenities such as clubhouses and swimming pools are subject to GST and fall under the Rs 7,500 limit.
Expenses to be excluded from the Rs 7,500-threshold for GST applicability include:
- Property tax on private spaces: Taxes paid for individual properties, such as private parking spots, are not taxable under the society’s GST obligations and do not contribute to the Rs 7,500 limit.
- Parking fees: Charges for parking spaces, typically paid by individual members, are taxable but do not count towards the limit as they are specific to the user and not for communal purposes.
- Non-occupancy charges: These charges, applied to properties rented out or leased, are subject to GST but are excluded from the Rs 7,500 threshold as they do not pertain to shared usage.
- Share transfer fees: Fees associated with the transfer of shares during property sales are taxable but are excluded from the Rs 7,500 cap as they involve no shared services.
- Interest on default payments: Interest charged for late payments is taxable but is excluded from the Rs 7,500 limit since it applies on a case-by-case basis.
- Individual water charges: If the society collects water charges for individual members, these are exempt from GST and do not contribute to the threshold.
- Rental income from mobile towers: Revenue from leasing out space to businesses, such as mobile towers, is taxable but falls outside the scope of the Rs 7,500 threshold as it pertains to specialised services.
Who collects and pays GST on flat maintenance charges?
The responsibility for collecting and remitting GST on flat maintenance charges lies with the housing society or Resident Welfare Association (RWA). If the RWA’s annual turnover exceeds Rs 20 lakh, it is required to register under GST and comply with its provisions. Once registered, the RWA collects GST from the residents who are charged maintenance fees exceeding Rs 7,500 per month. The collected GST is then deposited with the government by the RWA. It is important for RWAs to maintain accurate records and file GST returns on time to ensure compliance with tax regulations. Residents, in turn, should ensure they receive proper invoices indicating the GST amount paid.
GST on flat maintenance charges: Legal and compliance requirements
Housing societies and Resident Welfare Associations (RWAs) must adhere to several legal and compliance obligations when dealing with GST on maintenance charges:
- GST registration: RWAs are required to register under GST if their annual turnover, including maintenance charges collected, exceeds Rs 20 lakh.
- Invoicing: RWAs must issue GST-compliant invoices to residents. These invoices should include details such as the GST registration number, applicable GST rate, and the amount of tax charged.
- Input Tax Credit (ITC): RWAs registered under GST can claim ITC on goods and services used for the maintenance of the housing society. Proper records and documentation are essential for availing of this benefit.
- Filing GST returns: RWAs must file regular GST returns, including GSTR-1 and GSTR-3B, as per the timelines specified by the GST authorities.
- Penalty for non-compliance: Non-adherence to GST laws can result in penalties for the RWA, which may ultimately burden residents financially or disrupt services.
- Audits and inspections: RWAs may be subject to audits or inspections by GST authorities to ensure compliance. Maintaining detailed records of all transactions and expenses is crucial to avoid disputes.
When can housing societies make an ITC claim?
To claim Input Tax Credit (ITC) for a residential society, the following conditions must be met:
- Tax invoice ownership: The society must be the entity listed on the tax invoice for the goods or services being purchased.
- Receipt of goods or services: The goods or services for which ITC is claimed must be fully received. If the goods are being received in installments, the claim can only be made after the final installment is received.
- Filing of tax returns: The society must have submitted the necessary tax returns, as claiming ITC is contingent on timely and accurate filing.
- No prior depreciation claims: If depreciation has been claimed on the tax component of any capital goods or services, ITC cannot be claimed for those items.
- Tax payment by the supplier: The supplier of the goods or services must have paid the applicable tax to the government for the society to be eligible for the ITC claim.
Housing.com POV
The application of GST on flat maintenance charges is an important aspect that all residents and housing societies must understand to avoid compliance issues and manage costs effectively. While maintenance charges above Rs 7,500 per month attract an 18% GST, there are specific exemptions, thresholds, and conditions that need to be considered, such as the size of the maintenance charges, the turnover of the society, and the nature of the services provided. Housing societies must be diligent in collecting and remitting GST while ensuring they meet the legal and compliance requirements, including GST registration, proper invoicing, and filing returns. By staying informed about GST regulations, residents and societies can navigate these tax obligations smoothly, minimising the financial burden and maintaining a hassle-free living environment.
FAQs
Are GST charges applicable to one-time maintenance fees?
GST is applicable to recurring monthly maintenance charges. One-time fees, such as charges for major repairs or renovations, may not attract GST unless they are part of regular services provided by the society.
Do maintenance charges for a newly built society attract GST immediately?
Yes, if the maintenance charges in a newly built society exceed Rs 7,500 per flat per month, GST at 18% applies. However, the society must be registered under GST if its annual turnover crosses Rs 20 lakh.
How does GST impact societies that charge different maintenance fees for different types of flats?
If different flats are charged varying maintenance fees, GST will be levied on the total charge for any flat where the fee exceeds Rs 7,500, regardless of the flat’s size or type.
Can GST be charged on maintenance charges for vacant flats?
Yes, if the monthly maintenance charge for a vacant flat exceeds Rs 7,500, GST applies. Even though the flat is unoccupied, the service charges for maintenance of common areas remain taxable.
Is GST applicable on maintenance charges paid by tenants or property owners?
GST applies to maintenance charges paid by both tenants and property owners, provided the monthly charge exceeds Rs 7,500. The responsibility of paying GST depends on the agreement between the society and the individual.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
