11/02/2025
1. GST on Renting/Leasing of Property: Since GST was introduced in 2017, renting or leasing of non-residential (commercial) property has been subject to 18% GST under the forward charge mechanism (i.e., the supplier/landlord collects and remits GST).
2. Change in Tax Mechanism: In its 54th GST Council Meeting, the government decided to shift the GST on commercial property rentals from forward charge to reverse charge (i.e., the recipient/tenant had to pay GST instead of the supplier). This change was implemented via Notification No. 09/2024-CT(R) dated 08.10.2024.
3. Impact on Composition Dealers: This change negatively impacted businesses under the Composition Scheme because they cannot claim Input Tax Credit (ITC) on the GST paid under reverse charge.
4. Relief in 55th GST Council Meeting: On 21.12.2024, the GST Council decided to exempt Composition Scheme taxpayers from this reverse charge requirement. This was formalized through Notification No. 07/2025-CT(R) dated 16.01.2025.
**Key Takeaway
Normal taxpayers must still pay GST under reverse charge on renting/leasing of commercial property from unregistered persons.
Composition taxpayers are exempted from this requirement, reducing their tax burden.