Real Estate Sector under the GST taxation regime-Clarification on 1/3rd deemed deduction

Real Estate Sector under GST taxation regime-Clarification.  One third deemed deduction on account of Transfer of Land or Undivided Share of land

Chief Commissioner of Central Tax, Central Excise & Customs, Kochi, replying to a query from a private limited company has clarified on issues raised with respect to construction services provided in the Real Estate Sector under the GST taxation regime.

As per the clarification, the issues raised were discussed by the Zonal GST feedback Team and based on the same, the following clarifications were  issued:

Construction Services fall under the SAC Heading 9954 and as per Sl. No . 3 of the Notification No . 8/2017-lntegrated Tax(rate) dtd 28.06.2017, are liable to 18% GST (9% CGST and 9% SGST). Sl. No.(i) of the said SAC covers “Construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier”. The value of supply of services falling under the said Sl. No. are eligible for one third deemed deduction, on account of Transfer of Land or Undivided Share of land , if the transaction value includes the value of the land transferred as per and as delineated in para 2 of the said Notification . This one third deemed deduction on account of transfer of Land or Undivided Share of land is irrespective of the actual value of the land transferred . However, the said deemed deduction is not available when there is no transfer of land or undivided  share of land .

2. Real Estate projects based on Joint Venture Agreements entered into by a Developer and a Land Owner, if otherwise legal and proper as per the governing laws are also eligible for the deemed deduction as specified in 2 supra. However’ the said deemed deduction is not available for units transferred to the Land Owner by the Developer.

The copy of the letter issued is as under: