Important Keyword: Notification 03/2018 IGST, government rent GST RCM, IGST on renting immovable property government, reverse charge on municipal rent, amendment to 10/2017 IGST, GST RCM real estate government rent 2018,
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Table of Contents
[F. No. 354/13/2018- TRU]
Government of India
Ministry of Finance
(Department of Revenue)
New Delhi, the 25th January, 2018
Notification No. 03/2018 - Integrated Tax (Rate): Seeks to amend notification No. 10/2017- Central Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person under CGST Act, 2017 to be taxed under Reverse Charge Mechanism (RCM).
GST: [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GSR......(E).- In exercise of the powers conferred by sub-section (3) of section 5 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.10/2017- Integrated Tax (Rate), dated the 28thJune, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 685(E), dated the 28thJune, 2017, namely:-
In the said notification, -
- in the Table, after serial number 6 and the entries relating thereto, the following serial number and the entries relating thereto shall be inserted, namely: -
| (1) | (2) | (3) | (4) |
| “6A | Services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a person registered under the Central Goods and Services Tax Act, 2017 (12 of 2017). | Central Government, State Government, Union territory or local authority | Any person registered under the Central Goods and Services Tax Act, 2017 read with clause (v) of section 20 of Integrated Goods and Services Tax Act, 2017.”; |
- in the Explanation, after clause (e), the following clause shall be inserted, namely: -
‘(f) “insurance agent” shall have the same meaning as assigned to it in clause (10) of section 2 of the Insurance Act, 1938 (4 of 1938).’.
(Ruchi Bisht)
Under Secretary to the
Government of India
Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 10/2017 - Integrated Tax (Rate), dated the 28th June, 2017, vide number G.S.R. 685 (E), dated the 28thJune, 2017 and was last amended by notification No. 34/2017 - Integrated Tax (Rate), dated the 13th October, 2017 vide number G.S.R. 1277 (E), dated the 13th October, 2017.
📚 Frequently Asked Questions (FAQs): Notification No. 03/2018 – Integrated Tax (Rate)
Q1: What is Notification No. 03/2018 – Integrated Tax (Rate)?
Answer:
It brings renting of immovable property by Government to registered persons under IGST Reverse Charge Mechanism. 03
Q2: Who pays GST on government property rent?
Answer:
The registered tenant pays IGST under RCM.
Q3: Does this apply if tenant is unregistered?
Answer:
No, applies only to registered persons.
Q4: Under which section is RCM imposed?
Answer:
Section 5(3) of IGST Act. 03
Q5: What if rent is intra-State?
Answer:
Then CGST + SGST RCM may apply under corresponding notification.
Q6: Can tenant claim ITC?
Answer:
Yes, if used for business purposes.
Q7: Does this apply to residential rent?
Answer:
Applies to renting of immovable property; residential use exemption must be checked separately.
Q8: What is “immovable property”?
Answer:
Land, building, civil structure etc.
Q9: What if Government wrongly charges GST?
Answer:
Tenant may face duplication; better follow RCM compliance.
Q10: From when effective?
Answer:
Effective from 25 January 2018. 03
Q11: Is TDS under GST applicable?
Answer:
Separate provisions under Section 51 may apply.
Q12: Does this apply to long-term leases?
Answer:
Yes, if service qualifies as renting.
Q13: Is industrial development authority covered?
Answer:
Yes, if it qualifies as local authority.
Q14: Can non-payment under RCM lead to penalty?
Answer:
Yes, interest + penalty under Section 73/74.
Q15: Where can I get GST advisory help?
Answer:
Consult Finodha GST Experts:
https://finodha.in/gst-compliance/
🏁 Conclusion
Notification No. 03/2018 – Integrated Tax (Rate) shifted GST liability on renting of Government immovable property to the registered tenant under Reverse Charge Mechanism.
Download PDF: Notification No. 03/2018 – Integrated Tax (Rate)
More Information: https://taxinformation.cbic.gov.in/
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