How to Determine Place of Supply for Services Provided at Immovable Properties

Last updated on July 16th, 2017 at 10:52 pm

An immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it. The property is fixed to the earth, for example, a piece of land or a house.

In the current tax regime, taxable services provided in relation to an immovable property are subject to Service Tax.
Service Tax, being a Central levy, is applicable irrespective of whether the service is provided intrastate or to a different state.

In the GST regime, it is necessary to determine whether the supply made is intrastate or interstate to determine the tax applicable on the supply. This can be ascertained by determining the place of supply of the service.

In case of services supplied in relation to an immovable property, specific rules have been laid down for determining the place of supply. These rules override the general rules for determining the place of supply of services.

Place of supply of services provided in relation to an immovable property will be the location at which the immovable property is located or intended to be located.

Place of supply of services provided in relation to an immovable property will be the location at which the immovable property is located or intended to be located.Click To Tweet

There can be four scenarios for this:

1. Services provided directly in relation to an immovable property

This includes services provided by architects, interior decorators, surveyors, engineers, etc.

For example: Raj Hotels, registered in Shimla, Himachal Pradesh, is constructing a hotel in Dehradun, Uttarakhand. The interior decoration of the hotel is being done by Ravi Interiors, whose registered place of business is Dehradun, Uttarakhand.

For the supply of interior decoration service,

Location of supplier: Dehradun, Uttarakhand

Place of supply: Even though the recipient, Raj Hotels’ registered place of business is Shimla, Himachal Pradesh, the place of supply will be the location of the hotel, i.e Dehradun, Uttarakhand

This is an intrastate supply and the taxes applicable are CGST and SGST

Place of Supply of Services_9

2. Lodging in an immovable property

This includes accommodation provided by a hotel, inn, guest house, homestay, club, campsite, house boat, etc.

For example: Raj Hotels in Shimla, Himachal Pradesh, provides lodging to Mr. Tariq, a registered dealer in Jaipur, Rajasthan, for an official seminar.

Location of supplier: Shimla, Himachal Pradesh

Place of supply: Shimla, Himachal Pradesh.
This is an intrastate supply and the taxes applicable are CGST and SGST

Place of Supply of Services_10

3. Accommodation in an immovable property for organizing a function

This includes accommodation for organizing any official, social, cultural, religious or business function.

For example: Mukesh Automobiles Pvt Ltd, a registered dealer in Gurugram, Haryana, books the conference hall of Raj Hotels in Shimla, Himachal Pradesh, for 3 days for an official conference.

Location of supplier: Shimla, Himachal Pradesh

Place of supply: Shimla, Himachal Pradesh
This is an intrastate supply and the taxes applicable are CGST and SGST

Place of Supply of Services_11

4. Any services supplementary to the services mentioned above

For example: Mukesh Automobiles Pvt Ltd, along with booking the conference hall of Raj Hotels in Shimla, Himachal Pradesh, also orders food and beverages for his guests for an official conference.

Location of supplier: Shimla, Himachal Pradesh

Place of supply: Shimla, Himachal Pradesh
This is an intrastate supply and the taxes applicable are CGST and SGST

Place of Supply of Services_12

As discussed above, in the current regime, Service Tax is levied on services provided in relation to immovable properties. Since Service Tax is a Central levy, input credit on services received can be set-off against the liability on services provided, irrespective of the state to which it pertains.

Taking the above example, in the current regime, Mukesh Automobiles Pvt Ltd in Haryana can take input credit of the tax paid on hotel charges in Himachal Pradesh. However, in the GST era, place of supply of services provided in relation to immovable properties is the location of the immovable property. This implies that in these scenarios, the taxes applicable will be CGST and SGST.

Note that CGST and SGST credit of one state cannot be used to set-off the liability of another state.  In such a case, when a registered person takes the services of an immovable property in a different state, the person will not be able to take input credit on the service taken from another state. Hence, in the GST regime, Mukesh Automobiles Pvt Ltd, registered in Haryana, cannot take input credit of the CGST and SGST paid in Himachal Pradesh.

Next-in-line: Place of supply of services in relation to events

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31 Comments

  • I have a immovable commercial property in Haryana which is on rent. I also have immovable commercial property in Delhi which is also on rent. I registered in Delhi in GST. Should i have to registered in Haryana also or will i charge IGST for Haryana rent from Delhi billing ?
    Please advice
    Thanks

  • Lodging in an immovable property
    This includes accommodation provided by a hotel, inn, guest house, homestay, club, campsite, house boat, etc.
    For example: Raj Hotels in Shimla, Himachal Pradesh, provides lodging to Mr. Tariq, a registered dealer in Jaipur, Rajasthan, for an official seminar.
    Location of supplier: Shimla, Himachal Pradesh
    Place of supply: Shimla, Himachal Pradesh.
    This is an intrastate supply and the taxes applicable are CGST and SGST

    query:
    in the above example cited in your site, can CGST+SGST (input) of Himachal Pradesh be adjusted against IGST payable in Jaipur

  • I’m a Registered Advertising Agency Service (Hoardings Immovable Property) in Kerala & Providing service to a Registered Advertising Co. in Bangalore(Karnataka) What kindly of service is this Intrastate or Interstate???

    ie Location of Supplier -Kerala &
    Place of Supply is also -Kerala???

  • Hi
    I am a contractor based at uttar pradesh and registered in gst at Uttar pradesh .
    I get an order for constructing a imm property at maharastra and i get advance ( being inter state i wud pay igst on adv recd )

    Now i take services of sub contractors at maharasta they charge me cgst and sgst of maharastra . ( input taxes )

    Under current provisions can i set off cgst and sgst of maharastra with my igst on output .

    Pls clarify mentioning sections

    • No, you cannot set-off CGST and SGST of a state with another state.
      Place of supply of services provided in relation to an immovable property is the location of the immovable property. Hence, you would still charge CGST + SGST of UP.

      • Thanks for prompt reply but this line has again created confusion ..
        “Hence, you would still charge CGST + SGST of UP.”
        Unable to understand the same. Since the property is situated at mahasratra and local contractors( registered in mahasratra ) when raising bill on me will charge CGST and SGST of Maharastra and I wont be able to take take credit .

        Trust my understanding is ok now

  • We are supplying wct contract service related to bridges from nashik, maharashtra to other states for ex. GUJRAT…..please let us know are we required to take registration in GUJRAT….pl guide us in this….

    • You need to be registered in the state where you make taxable outward supplies. Since you are providing the works contract service in Gujarat, you will need to register in Gujarat.

  • Please refer to your observation — “Hence, in the GST regime, Mukesh Automobiles Pvt Ltd, registered in Haryana, cannot take input credit of the CGST and SGST paid in Himachal Pradesh.”

    The CGST is not for Himachal Pradesh but for the “Central Tax”. It appears that input credit of CGST should be available. Input tax credit for HP-SGST will not be available.

    Please clarify.

      • Hi

        Where is this specific provision in the act unable to find it .
        One state sgst with another state sgst No
        One state sgst with igst yes

        Pls check and correct me if i am wrong

  • ABC Pvt Ltd is an Media company & engage in the business of outdoor advertisement business. The co is registered in Mumbai & has order for giving Hoarding space to its client in Delhi and these hoarding are to be given to clients at Mumbai , Rajasthan & Delhi.

    Is this service of sale of space (Hoarding) is covered by place of supply of services under “Immovable property rules ” or ” General rules”

    pl explain according the tax ability of this service under GST..

  • Hi There.!

    In existing tax format we have a concept call C Form(Purchase of goods from another state), where Purchaser has to declare his inter state purchase for raising the C form against seller. How far this will include in new tax format.In future do we see this kind of declarations.If we have to declare such purchases means whom we have to approach CGST or SGST.

    • In the current tax regime, C form enables a person to make interstate purchases @ 2%. This is done because currently, the tax paid on interstate purchases is a cost, as input credit is not available on it. Under GST, tax paid on interstate purchases is fully available as credit. Hence, C form is not required and will not exist.

  • I am staying in Chandigarh and have a shop in Chandigarh which I have rented out to three different persons. what would be the GST applicability?

  • What would be the place of service provided where in the a developer, registered in Shimla, Himachal Pradesh, is constructing a building in Dehradun, Uttarakhand. The interior decoration of the building is being done by an Interior designer , whose registered place of business is Mumbai, Maharashtra . Whether its a interstate or intrastate supply of service???

    • The interior decorator has to be registered in Uttarakhand to provide interior decoration service in Uttarakhand. Hence, it will be an intra-state supply.

      • However we have read somewhere that if interior decorator is already registered in his own state, then he may raise inter state bill by applying IGST

  • we are having office premises at Mumbai and registered office at Mumbai whereas our manufacturing activity is located at Ahmedabad Gujarat , we are registration in excise as well as service at Ahmedabad,, now we intend to give the office premises of Mumbai on rent then let me know what is the gst structure /service tax structure and due date for paying the taxes on account of rent

    • For giving the office in Mumbai on rent, you will have to be registered in Maharashtra. Hence, it will be a supply of service and the taxes applicable will be CGST and SGST. The due date for payment of tax is 20th of every month.

  • I have a business of interior decoration based on Kolkata and doing interior decoration jobs in different states depending upon order thru tender process. My registered place of business in Kolkata & don’t have any branches in other states. If raw materials purchases from the place of work, the local supplier will charge CGST + SGST because place of supply is in that state. In that case, I will not be able take input credit. Then how do I carry my business if I don’t get input credit. Pls. suggest any solution.

    • I guess you will have to take temporary registration as Casual Taxable Person in the state where your project is going on. this registration will be given for 90 days and can be further extended for 90 days. You can avail all input credits and set off against your liability of SGST and CGST of that particular state.

  • Can Mukesh Automobiles Pvt Ltd get registered as ISD in state of HP and transfer credit of CHEST and SGST to Haryana office?

    If so, what other formalities or documents will be required to enable such credit transfer?

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