GST for Flat Purchase in India: Rates, Rules & Buyer Insights

Buying a flat or apartment is one of the biggest investments in a person’s life. Whether it’s for personal use or investment, understanding the Goods and Services Tax (GST) on flat purchases is essential. While GST has simplified real estate taxation, many buyers still have questions about when it applies, how much is charged, and whether Input Tax Credit (ITC) is available.

This blog provides a complete guide to GST for flat purchases in India, including tax rates, exemptions, and special cases.

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    GST on Flat Purchase: When Does It Apply?

    GST applies only to under-construction flats and properties being sold by a builder. If you’re buying a ready-to-move-in flat, where the completion certificate has been issued, GST does not apply.

    Type of Property GST Applicable?
    Under-construction property Yes
    Ready-to-move-in (with Occupancy Certificate) No
    Resale flat (individual to individual) No

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    GST Rates on Under-Construction Flats

    In April 2019, the government revised GST rates on real estate. Here are the latest rates:

    Property Type GST Rate ITC Allowed?
    Affordable housing (as defined below) 1% No
    Other residential properties 5% No
    Commercial property (shops, offices) 12% Yes
    Affordable Housing Definition:
    • Carpet area up to 60 sq. meters in metro cities
    • Carpet area up to 90 sq. meters in non-metros
    • Price not exceeding ₹45 lakhs

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    HSN Code for Real Estate Services

    Real estate services fall under HSN Code 9954, which is used for construction of residential and commercial buildings.

    Service Type HSN Code GST Rate
    Construction of residential flats 995411 1% or 5%
    Construction of commercial property 995412 12%

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    GST Calculation Example for Flats

    Let’s say you buy an under-construction flat for ₹50 lakhs (non-affordable segment):

    • GST @5% = ₹2,50,000
    • Total Payable = ₹52,50,000

    If the flat falls under the affordable category:

    • GST @1% = ₹50,000
    • Total Payable = ₹50,50,000

    Remember: Stamp duty, registration charges, and other state levies are separate and not covered under GST.

    Input Tax Credit (ITC) in Real Estate

    Under the new GST regime (post-April 2019):

    • No ITC is allowed for homebuyers
    • Builders also cannot claim ITC on inputs like cement, steel, labor, etc., under the 5% and 1% rates
    • ITC is allowed only for commercial construction at 12% GST

    This ensures builders don’t pass on tax benefits to themselves, keeping home prices fair for consumers.

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    GST on Resale Flats or Ready Possession Homes

    If you are buying:

    • From an individual (resale flat)
    • Or from a builder but the flat has OC issued

    No GST is payable. You’ll still pay stamp duty and registration charges as per your state rules.

    Final Thoughts

    GST has brought uniformity in flat pricing across states, but it’s crucial to know whether your property is eligible for GST (Goods and Services Tax), what rate applies, and how it affects your final cost. While GST does not apply to completed or resale flats, under-construction homes are taxed—1% for affordable and 5% for others—without ITC. Make sure to get all invoices and certificates from your builder to stay tax-compliant and informed.

    Frequently Asked Questions (FAQs)

    • Is GST applicable on ready-to-move-in flats?
      No, GST is not applicable if the builder has received the Occupancy Certificate.
    • What is the GST rate for affordable housing?
      1% without ITC, applicable only if the property meets size and price criteria.
    • Can I claim GST refund on flat purchase?
      No, homebuyers cannot claim ITC or refunds on GST paid for residential property.
    • Do I pay GST on resale flats?
      No, resale flats sold by individuals are exempt from GST.
    • What if I paid GST before April 2019 at 12%?
      That rate was valid before the new scheme was introduced. You may have been eligible for ITC under the old regime.
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