Place of supply
Query (Issue) Started By: – sanjeev batra Dated:- 24-5-2018 Last Reply Date:- 24-5-2018 Goods and Services Tax – GST
Got 3 Replies
GST
1) What will be the place of supply if estate agent receive commission from abroad for letting out/sale of property in india ?
2) What will be tax if property is located in different State other than estate agent registered premises ?
3) What will be tax if property is located in same State of registered premises of estate agent ?
Reply By Alkesh Jani:
The Reply:
Sir,
With regards, to your query No.1, the Section 13(4) of IGST Act, 2017, which is applicable in your case and is as under :-
“13 (4) The place of supply of services supplied directly in relation to an immovable
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to be located. Since property is located in India, thus the amount of commission received by the estate agent from abroad is exigible to tax.
Further, in view of section 7(3) and 8(2) of IGST Act, 2017, inter-state or intra-state supply shall be determined in the following manner:-
(a) Where location of supplier and place of supply are in two different States, the same shall be considered as inter-state supply and
(b) Where location of supplier and the place of supply are in the same State, the same shall be treated as intra-State supply.
Accordingly IGST or CGST/SGST shall be charged in your case.
Hope, this will resolve your query.
Regards
Nitika Aggarwal
9953157961
Reply By YAGAY and SUN:
The Reply:
Immovable property related
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