Categories: Real Estate News

GST on Maintenance Charges: What Homeowners Must Know

In India’s rapidly urbanizing cities, apartment living has become normal. But with this shift comes a new financial headache for residents—Goods and Services Tax (GST) on housing society maintenance charges. The government has now begun tightening GST regulations for Residential Welfare Associations (RWAs), applying GST on maintenance charges.

Here’s what you need to know:

  • If a flat owner pays more than ₹7,500 per month as maintenance, or if the housing society’s total collection crosses ₹20 lakh annually, GST at 18% becomes applicable.
  • This threshold isn’t just about regular monthly maintenance. Even if a society collects ₹20 lakh in a year for occasional or one-time expenses like repainting the building or replacing the elevator, it still falls under the GST net.

Read the blog further to understand more about GST on apartment maintenance.

Table of Contents

What is GST on Maintenance Charges?

GST on maintenance charges is the tax imposed on the monthly fees collected by housing societies or builders for services like cleaning, security, gardening, and the general upkeep of shared facilities. These charges are treated as taxable services under the Goods and Services Tax (GST) regime. The tax is collected by the society or builder and remitted to the government. GST becomes applicable if two conditions are met: first, if the monthly maintenance per flat exceeds ₹7,500, and second, if the total annual collection of the society exceeds ₹20 lakh.

When either threshold is crossed, the society must register under GST and apply an 18% tax on the collected amount. This often catches residents and management committees off guard, especially since many assume the rate is only 5%. In reality, the 18% tax, coupled with the cost of compliance (including monthly and annual return filings and auditor fees), can significantly increase the financial burden on residents. Therefore, housing societies need to stay informed and ensure proper compliance to avoid penalties.

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Applicability of GST on Maintenance Charges

GST on maintenance charges is applicable when housing societies or builders provide taxable services such as cleaning, security, or repairs. Whether collected by a builder or RWA, GST comes into play based on a few key conditions:

  1. Threshold Limit: If the monthly maintenance fee per flat exceeds ₹7,500, GST at 18% becomes applicable. Charges below this threshold are exempt.
  2. Total Collections: If the society’s annual collection exceeds ₹20 lakh, it must register under GST, even if individual contributions are below ₹7,500.
  3. Type of Services: Services like housekeeping, security, lift maintenance, and gardening are considered taxable under the “maintenance, repair, and renovation” category.
  4. RWA-Specific Rule: For RWAs, the ₹7,500 monthly limit applies per member, regardless of the number of members or overall collection.

Understanding these factors is essential for societies to assess their GST liability and ensure timely compliance.

Calculation of GST on Apartment Maintenance Charges

The calculation of applicable GST on maintenance charges involves identifying the taxable value of the services provided and applying the appropriate GST rate. Here’s how it works:

  1. GST Rate: The standard GST rate on maintenance charges is 18%. However, if the charges include services like construction or bundled services, the rate may vary based on GST classification.
  2. Taxable Value: GST is calculated on the total maintenance fee charged to each resident. For example, if a society charges ₹10,000 per flat, the GST amount would be ₹1,800, making the total payable ₹11,800.
  3. Exemptions: Services such as water supply and sewage disposal may be exempt from GST as per GST Council guidelines. These must be excluded from the taxable value while calculating GST.
  4. Invoicing Requirement: Housing societies must issue GST-compliant invoices that clearly mention the taxable value, GST amount, and total payable, ensuring transparency for residents.

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Input Tax Credit (ITC) on Maintenance Services

Housing societies or builders registered under GST can claim Input Tax Credit (ITC) on the tax paid for inputs and services used for maintenance. Here’s how ITC works:

  1. Eligibility: If a society is GST-registered, it can claim ITC on expenses such as cleaning supplies, repair materials, professional fees, or contractor services used for upkeep of common areas.
  2. Resident Benefits: ITC helps reduce the society’s effective tax liability, and these savings can be passed on to residents by reducing net maintenance charges.
  3. Conditions to Claim ITC:
    • The services or goods purchased must be used in providing taxable services.
    • Proper GST invoices and documentation must be maintained.
    • All returns must be filed on time for ITC to be availed.

Impact of GST on Flat Owners and RWAs

The inclusion of GST in housing society operations has created both challenges and advantages for flat owners and RWAs:

  1. Higher Monthly Costs: Residents may see an increase in maintenance bills due to the added 18% GST, especially in societies where fees exceed ₹7,500 per month.
  2. Administrative Burden: RWAs now handle filing GST returns, maintaining books of accounts, and issuing GST-compliant invoices, which adds operational complexity.
  3. Greater Transparency: On the positive side, GST has brought clarity and transparency to billing practices, ensuring that all charges and taxes are properly documented and disclosed.
  4. Legal Compliance Obligations: Both builders and RWAs must adhere to statutory GST obligations, failing which they may attract penalties, fines, or legal scrutiny.

The implementation of GST on maintenance charges has had a notable impact on housing societies, builders, and residents across India. While it has introduced greater transparency and standardization in how maintenance services are billed, it has also increased compliance responsibilities and operational costs. Understanding the applicability, calculation, and benefits of GST is essential for efficient financial planning and legal compliance.

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