Important Keyword: Notification No. 05/2022 - Union Territory Tax (Rate), Notification No. 10/2022 - Integrated Tax (Rate), GTA services UTGST, residential dwelling GST, Notification No. 05/2022 UTGST, GTA forward charge, Union Territory Tax amendment, residential dwelling rent GST, GST Council updates,
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Table of Contents
F. No. 190354/176/2022-TRU
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 13th July, 2022
Notification No. 05/2022 - Union Territory Tax (Rate): Seeks to amend Notification No 13/2017- Union territory Tax (Rate) dated 28.06.2017.
[TO BE PUBLISHED IN THE GAZETTE OFINDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GSR......(E).-In exercise of the powers conferred by sub-section (3) of section 7 of the Union Territory Goods and Services Tax Act, 2017 (14 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.13/2017-Union Territory Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 704(E), dated the 28th June, 2017, namely:-
In the said notification, in the Table, -
- against serial number 1, in column (2), -
- the words, figures and symbols “who has not paid union territory tax at the rate of 6%,” shall be omitted;
- after the proviso the following proviso shall be inserted, namely: -
“Provided further that nothing contained in this entry shall apply where, -- the supplier has taken registration under the CGST Act, 2017 read with clause (vi) of Section 21 of the UTGST Act, 2017 and exercised the option to pay tax on the services of GTA in relation to transport of goods supplied by him under forward charge; and
- the supplier has issued a tax invoice to the recipient charging Union Territory Tax at the applicable rates and has made a declaration as prescribed in Annexure III on such invoice issued by him.”;
- against serial number 5, in column (2), in the sub-clause (2), in item (i), the words “by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Central Government, State Government or Union territory or local authority” shall be omitted;
- after serial number 5A and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
| (1) | (2) | (3) | (4) |
| “5AA | Service by way of renting of residential dwelling to a registered person. | Any person | Any registered person.”; |
- after Annexure II, the following annexure shall be inserted, namely: -
“Annexure III
Declaration
I/we have taken registration under the CGST Act, 2017 read with clause (vi) of Section 21 of the UTGST Act, 2017 and have exercised the option to pay tax on services of GTA in relation to transport of goods supplied by us during the Financial Year _____ under forward charge.”.
II. This notification shall come into force with effect from the18th July, 2022.
(Rajeev Ranjan)
Under Secretary to the Government of India
Note: -The principal notification no. 13/2017 -Union Territory Tax (Rate), dated the 28thJune, 2017 was published in the Gazette of India, Extraordinary, vide number G.S.R. 704 (E), dated the 28th June, 2017 and was last amended vide notification no. 29/2019 -Union Territory Tax (Rate), dated the 31st December, 2019 published in the official gazette vide number G.S.R. 975(E), dated the 31st December, 2019.
📚 Frequently Asked Questions (FAQs): Notification No. 05/2022 - Union Territory Tax (Rate)
Q1: What is Notification No. 05/2022 – Union Territory Tax (Rate)?
Answer:
Notification No. 05/2022, dated 13th July 2022, amends Notification No. 13/2017 – UTGST (Rate). It introduces major changes in Goods Transport Agency (GTA) services and taxation on residential dwelling rentals to registered persons, effective from 18th July 2022gst-uttr05-2022.
Q2: What are the key amendments introduced in this notification?
Answer:
The notification made the following updates:
🚚 Goods Transport Agency (GTA) services: Service providers can opt for forward charge taxation by registering under CGST & UTGST Acts.
🏠 Residential dwelling rent: Renting of a house to a registered person is now taxable under UTGST.
📮 Postal services update: Some exclusions like speed post, parcel post, and life insurance agency services were removed from exemptions.
📄 Annexure III: A declaration format was introduced for GTA service providers.
Q3: How does this impact Goods Transport Agency (GTA) service providers?
Answer:
GTA service providers now have the option to pay tax under forward charge instead of reverse charge. They must:
Take GST registration under CGST + UTGST.
Issue a tax invoice charging applicable UTGST.
Provide a declaration (Annexure III) on invoices.
Q4: What is the GST treatment of renting residential dwellings after this amendment?
Answer:
Under Notification No. 05/2022, renting of residential property to a registered person attracts Union Territory GST. Earlier, such rentals were exempt. This change aims to curb revenue leakage.
👉 If you’re a GTA, consult a GST Professional to ensure proper compliance.
Need help? Check GST Compliance services for smooth management.
Q5: What happens to postal services under this notification?
Answer:
Certain services provided by India Post, such as speed post, express parcel post, and life insurance agency services, which were earlier exempt, are now covered under GST liability (except when provided to Central/State Government, Union Territories, or local authorities).
Q6: What is Annexure III introduced in this notification?
Answer:
Annexure III is a self-declaration form for GTA service providers opting for forward charge. It confirms that they have:
Registered under CGST + UTGST.
Chosen forward charge for the financial year.
Declared the same on each invoice.
Q7: From when is Notification No. 05/2022 effective?
Answer:
The notification became effective on 18th July 2022. Businesses must align their billing, invoicing, and compliance from this date onwards.
Q8: How can small businesses and transporters ensure compliance with this notification?
Answer:
Small businesses should:
✔️ Get GST Registration if opting for forward charge.
✔️ Use proper invoices with Annexure III declaration.
✔️ File GST Returns on time.
✔️ Consult professionals for impact assessment.
Q9: What earlier notifications are linked with Notification No. 05/2022?
Answer:
It amends Notification No. 13/2017 – UTGST (Rate), which initially dealt with reverse charge services. The last amendment before this was Notification No. 29/2019 – UTGST (Rate).
Q10: Who should particularly take note of this notification?
Answer:
🚚 Goods Transport Agencies (GTA) – due to forward charge option.
🏠 Businesses renting residential dwellings – now taxable.
📮 Postal & courier operators – exemption changes.
📊 Registered businesses in Union Territories – to stay GST compliant.
👉 For expert help, visit Finodha GST Expert Services.
Download PDF: Notification No. 05/2022 - Union Territory Tax (Rate)
More Information: https://taxinformation.cbic.gov.in/
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