GST on Housing Society Maintenance and New Changes in Tenancy Act
Moneylife Digital Team 23 July 2019
The government is making some changes in taxation for home owners and the security deposit paid by the tenant. While the first will make increase burden on flat owners, the other is expected to provide some relief to tenants.  
 
As per communication from the ministry of finance, home owners, who pay Rs7,500 or more as monthly maintenance charges, will have to pay goods and services tax (GST) at 18% on the amount. Those who pay Rs7,500 and above a month as maintenance charges to the resident welfare association (RWA) for her second home will get an exemption from the GST, the ministry says.
 
RWA or housing societies are mandated to collect GST on monthly charges paid by its members if it exceeds Rs7500 per month and its annual turnover of is more than Rs20 lakh. 
 
For example, if a person has two flats and pays Rs7,500 as maintenance charge for each flat or Rs15,000 as total charges, then the additional Rs7,500 would be exempt from the GST since the exemption is available to each apartment separately. However, if the maintenance charges for a single home or flat is Rs8,500, then GST will be applicable on the entire amount without any deduction. 
 
The government is also making changes in the model tenancy act to secure and balance rights of both the owner and tenant.  
 
Matters like changing rent after a given a period of time, repairing the flat when necessary and most importantly the deposits asked by the tenants are also being taken care in the model act being drafted by the ministry of housing and urban affairs.
 
This act caps the limit of the security deposit to maximum two month’s rent in cases of residency and minimum one month rent in case of non-residential premises. 
 
The other issues pertaining to increasing rent requires valid conditions and reasons like if the owner has incurred any major expenditure.  
 
The draft also emphasized on speedy delivery of justice and speedy adjudication of matters by introducing Rent courts and Rent tribunals. Thereby handing over them the jurisdiction of that of a civil court. 
 
Comments
R Balakrishnan
6 years ago
Societies should bill taxes and insurance separately. But let us wait for the final version after state governments adopt it.
Deepak Narain
6 years ago
Govt rules and instructions are always couched in complicated language difficult to comprehend. They should make them easy to understand.
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