GST Input on Construction of Building

Bio

Ankit Rahangdale is a seasoned finance professional with a distinguished background as a Chartered Accountant. Currently, he leads the Finance Department at Pice. With over five years of invaluable experience in the banking and finance sector, honing his expertise through esteemed institutions such as ICICI Bank and Standard Chartered Bank.

  • 8 Nov 24
  • 8 mins
gst input on construction of building

GST Input on Construction of Building

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avatar of ankit rahangdale Ankit Rahangdale
  • 08 Mins
  • 08-11-24

Key Takeaways

  • Unified Taxation: GST merges multiple taxes, easing compliance for builders.
  • Variable Rates: Affordable housing is taxed at 1% (no ITC), commercial at 18% (with ITC).
  • Works Contracts ITC: Available only for same-field business use and plant machinery.
  • ITC Limitations: Generally unavailable on construction except for rentals or business equipment.
  • Financial Efficiency: Effective GST input management reduces tax, boosting cash flow.

Builders and developers in the construction industry can claim input tax credit for taxes paid based on certain conditions on input services. By doing so, they can reduce their tax liability on outward supplies and the GST collected on these supplies.

In this blog, we will walk you through a comprehensive guide on GST input on the construction of buildings while highlighting all the associated details that you need to know. 

What Is Goods and Services Tax (GST)?

gst input on construction of building

Goods and Services Tax (GST) is an indirect tax imposed on the supply of services and goods in India. The introduction of GST has replaced other indirect taxes such as VAT (Value-Added Tax), excise duty and service tax.

This has facilitated the elimination of the cascading tax effect in the Indian taxation system. Further, it has increased transparency in the taxation system and created a simplified tax structure.

GST on Building Construction: An Overview

\Supply of construction services and major building materials attracts GST. While increasing transparency and reducing hidden costs, it has also provided builders and developers with an opportunity to enhance their compliance processes. By navigating the compliance requirements under GST construction rules, builders and developers can streamline their operations in the construction industry. 

GST Rates on Building Construction

The nature of construction services followed by the type of property determines the GST rates applicable to building construction activity. Let’s understand how these rates vary:

1. Residential Properties or Residential Apartment:

Here are the rates for residential construction properties:

  • Affordable housing attracts 1% GST without input tax credit (ITC)
  • Other than affordable housing, it attracts 5% GST without input tax credit

2. Commercial Buildings (Including Office Buildings and Institutional Buildings) or Industrial Buildings:

The GST rate for commercial properties is 18% with input tax credit.

3. Construction Services:

The GST rates on construction services are as follows:

  • General construction services attract an 18% GST with input tax credit.
  • Work contract services attract a 12% GST with an input tax credit. This rate applies to government contracts and affordable housing contracts.

Here is a detailed list of GST on construction rates:

Construction ActivityGST RateHSN Code
Affordable housing apartment construction for projects starting on or after 1st April 20191%9954
Non-affordable housing apartment construction for projects starting on or after 1st April 20195%9954
Construction of commercial apartments in REP, excluding RREP12%9954
Works contract services (in which the material is provided by the contractor)12%9954
Works contract services (where only labour is provided by the contractor)18%9987
Composite supply of works contract and goods (where the value of goods constitutes less than 25% of the total contract value)18%9954
Composite supply of works contract and goods (where the value of goods is 25% or greater than the total contract value)12%9954

However, it is important to note that GST will no longer apply to a property, once a Completion Certificate is obtained from the competent authority after verification. 

What Is a Works Contract in GST on Construction?

What Is a Works Contract in GST on Construction

A works contract is an agreement for various activities related to building or improving immovable property. Under GST, works contracts encompass a broad range of activities of construction including:

  • Fabrication and installation of metallic structures like plants, transmission towers, factories and stadiums
  • Minor repair and maintenance of buildings, civil structures and equipment
  • Completion and finishing services like plastering, flooring and painting
  • Fabrication and erection of non-metallic structures using materials such as rubber, fibre, plastic and glass.

Calculation of GST on Building Construction

The calculation of GST on building construction for non-affordable housing is as follows:

Multi-story Residential Building (Other than Affordable Housing):

Consider the cost of construction for a residential building to be ₹1 crore. The applicable GST rate is 5%; thus the GST amount on the construction cost is ₹5 lakh. The total cost is the summation of the construction cost and the GST amount which is equal to ₹1.05 crore.

Impact of GST on Builders and Developers

The implementation of GST has pros and cons for builders and developers as follows:

Pros:

Here are the positive impacts on builders and developers:

  • GST has streamlined the taxation process by consolidating multiple taxes into a single tax. This helps builders and developers better manage their tax obligations.
  • The GST system facilitates a unified tax structure. This improves compliance under GST construction, reduces hidden costs and enhances transparency.
  • Builders can reduce their tax burden and GST liability as they can claim input tax credit on the GST paid on inputs.

Cons:

Here are the negative impacts on builders and developers:

  • The introduction of GST has resulted in increased administrative costs for builders and developers as they need to comply with strict GST rules and regulations. Further, the need to maintain detailed records increases the cost for builders in the construction industry/construction sector.
  • Initial costs of construction often increase with a levy of GST. This impacts the cash flow and project timelines for developers and builders.

Situation in Which ITC Is Applicable on Construction of Building

What Is a Works Contract in GST on Construction

Here are two situations in which ITC applies to the construction of the building:

ITC Availability for Work Contract

Suppliers cannot claim ITC on work contract services for supplies of construction of an immovable property. However, they can claim it for plants and machinery used for construction. In addition, if a person is working in the same line of business and supplying work contract services for business, they can avail ITC. This credit can also be claimed on expenses such as architect fees, approval charges, and construction equipment hire charges.

For instance, a building developer might work as a subcontractor in a construction project. The subcontractor will charge GST while the main contractor will raise the GST invoice. However, only the main contractor can claim ITC on the tax invoice that the subcontractor raises.

On the other hand, when the main contractor renders work contract services to an IT company, the contractor will not be able to avail ITC. The IT company will be able to claim ITC on the invoice raised by the contractor.

ITC Availability for Own Construction

A taxable person for construction of immovable property cannot avail Input Tax Credit on goods and services received, except for plants and machinery used for the furtherance of business. However, if the immovable property is rented out, the GST paid on the construction of the immovable property can be availed as ITC.

Conclusion

By effectively managing the GST input on the construction of buildings, builders and developers can reduce their GST liability, leading to enhanced cash flow and potentially shorter project timelines.

This strategic approach not only contributes to improved financial health but also fosters greater efficiency in the construction process.

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FAQs

What is the GST rate for residential and commercial building construction?

The GST rate for under-construction affordable housing is 1% without Input Tax Credit (ITC), while non-affordable projects are taxed at 5% without ITC. Purchasing a ready-to-move-in property, however, is exempt from GST, as the tax is only applicable to construction services.

Can builders claim Input Tax Credit (ITC) on construction materials?

Builders generally cannot claim ITC on materials and services used in constructing immovable property. However, ITC can be claimed if the immovable property is used for business, like renting out, or if the materials are part of plant and machinery used for construction.

What is a works contract, and is ITC available on it?

A works contract involves constructing or installing property. Under GST, ITC is allowed on works contracts only for the same line of business, such as subcontracted services, and for plants and machinery. This helps contractors in business activities that involve large-scale construction equipment.

Does GST apply after a Completion Certificate is issued for a property?

No, GST does not apply once a Completion Certificate is obtained from the competent authority. This means GST is only charged on under-construction properties, aiming to keep the post-construction sales simpler and tax-free.

What are the benefits of managing GST input effectively for builders?

Effective GST input management helps reduce tax liabilities, improve cash flow, and streamline financial planning. Builders can optimize their project budgets by strategically managing ITC, potentially leading to reduced project costs and smoother timelines.
About the author
Ankit Rahangdale

Ankit Rahangdale

Ankit Rahangdale is a seasoned finance professional with a distinguished background as a Chartered Accountant. Currently, he leads the Finance Department at Pice. With over five years of invaluable experience in the banking and finance sector, honing his expertise through esteemed institutions such as ICICI Bank and Standard Chartered Bank.

by Shreyansh Singh

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