Friday, August 1, 2014

Service Tax on Under Construction Property in India

Author: Sachin Gupta | Find me on Twitter

Whenever a builder sells an apartment in an under construction project to a home buyer, the builder is said to be rendering the construction service to home buyer and therefore, service tax is levied.

The service tax is levied only on under-construction property and not on completed property. An under-construction property is one which is still not complete and the completion certificate of such a property has not been received from relevant authority (Local Municipal body or development authority).

Therefore, it becomes mandatory for the builder to collect service tax from the buyer and deposit it with the service tax department.

Budget 2010 brought Abatement Scheme, under Notification No. 1/2006 dated March 1, 2006, which provides that the contractor is entitled to claim abatement to the extent of 67 per cent of the value of services rendered by him. Hence, the net effect of the tax could be lesser than the 3.4 per cent, since construction attracts service tax only on 33 per cent of the value. In the 2010-11 budget, the Finance Minister rolled back service tax to 25 per cent of the value.

So, essentially, the service tax is levied on 25% of the gross value of the property. In other words, 3.09 % will be the effective rate of service tax on under construction properties in India.

Service Tax – 12.36 %
Abatement – 75%
Service Tax applicable on under-construction property – 25% x 12.36% = 3.09%



One can also find out the Total Property Buying Costs in India.

For more on Service tax on under construction property, read the below document:






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