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GST imposed on maintenance by the landlord


12-Nov-2023 (In Landlord/Tenant Law)
My rental agreement says “Lessee shall pay a sum of Rs.9,230/ to the Apartment Association every month towards maintenance charges. The maintenance charges may vary depending on the decision taken by the apartment association and the Lessee shall pay the maintenance charges accordingly.” I signed agreement on 30 Oct 2017. Now the association started the charging GST from July 2017. The agreement does not mention tax component of the charges. So in this case is it owner/tenant’s responsibility? Should these taxes be similar to property tax and should be paid by tenant or owner ?
Answers (1)

Answer #1
718 votes
Hello,
GST s applicable to maintenance charges paid in apartment if the charges is more than five thousand per member. But in case even if it more than five thousand and total maintenance collection is less than twenty lakh then no need to get gst registered.
The question as to who will pay should be decided between the owner and the tenant. Most of the times it s paid by tenant if not it is the owner who pays.
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