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On TDR (Transfer of Development Rights) What will be Gst Liability to Purchaser and seller? Please Give Reference of notification and section

On TDR (Transfer of Development Rights) What will be Gst Liability to Purchaser and seller? Please Give Reference of notification and section

Reply—The promoter is liable to pay GST on Tdr or floor space index supplied on or after 01-04-2019 on reverse charge basis. Refer Notification No.5/2019-Integrated Tax (Rate) Dated: 29th March, 2019.

Supply of TDR or FSI or long term lease of land used for the construction of residential apartments in a project that are booked before issue of completion certificate or first occupation is exempt.  Refer FAQ issued by CBIC (press release) dated 07.05.2019. 

Supply of TDR or FSI or long term lease of land, on such value which is proportionate to construction of residential apartments that remain un-booked on the date of issue of completion certificate or first occupation, would attract GST at the rate of 18%, but the amount of tax shall be limited to1% or 5%of value of apartment depending upon whether the residential apartments for which such Tdr or FSI is used, in the affordable residential apartment category or in other than affordable residential apartment.

Tdr or FSI or long term lease of land used for construction of commercial apartments shall attract GST of 18%.

Posted Date: Aug 25, 2020
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