Auction Research Editorial Team
Tax . 10 min read . Published 2026-05-04 . Updated 2026-05-04
When GST applies to rental income from your auction property, the 18% rate on commercial rent, residential exemption, RCM rules, threshold limits, ITC eligibility, and compliance setup.
GST on rental income: residential vs commercial
After winning a bank auction property, if you decide to rent it out, GST treatment depends on the property type and the tenant. Most retail buyers get this wrong because the rules changed materially in 2017 (GST introduction), 2022 (residential RCM tweaks), and 2024 (threshold revisions).
The short version: residential rent is generally exempt; commercial rent is taxable at 18%; there are exceptions both ways depending on tenant type and turnover.
Residential property: when GST applies
- Residential property let to a residential tenant: EXEMPT from GST regardless of rent amount.
- Residential property let to a registered business (post-July 2022): GST at 18% on the tenant under reverse charge mechanism (RCM). Owner does not collect; tenant pays directly to the government.
- Residential property let to an unregistered individual: EXEMPT.
- Furnished service apartments: treated as commercial (hospitality) - taxable at 18%.
- Co-living spaces: treated as commercial accommodation - taxable at 12% if tariff < INR 7,500/day, 18% above.
Commercial property: GST is the default
Commercial rent attracts GST at 18%. As the property owner, you must register and collect GST when your aggregate turnover (rent + any other GST-attracting income) exceeds the threshold.
- Threshold: INR 20 lakh aggregate annual turnover (INR 10 lakh for special-category states - Manipur, Mizoram, Nagaland, Tripura).
- Below threshold: no GST registration required, no GST on rent.
- Above threshold: register within 30 days, collect 18% on rent invoice, file GSTR-1 + GSTR-3B monthly.
- Tenant deducts TDS @10% under Section 194-I if annual rent > INR 2.4 lakh - separate from GST.
Reverse Charge Mechanism (RCM) on residential rent to businesses
Post-2022 amendment: if you rent residential property to a registered business (private company, LLP, partnership), the tenant pays 18% GST under RCM directly to the government. You do not collect it.
- Owner: no GST registration triggered solely by RCM rent (since you do not collect).
- Tenant: pays 18% GST under RCM, claims input tax credit (ITC) if used for taxable business.
- Owner must mention 'GST under RCM payable by recipient' on the rent invoice.
- Owner still pays income tax on the gross rent (GST is tenant’s liability).
Input Tax Credit (ITC) on auction-property maintenance
If you charge GST on rent, you may claim Input Tax Credit on GST paid on inputs related to the property - provided the property is used for taxable supply.
- Eligible: maintenance services, security, housekeeping, electricity (DG diesel), property management fees, broker commission.
- Eligible: renovation work invoiced to you with GST.
- Not eligible: stamp duty (state tax, not GST), interest on home loan (financial cost not subject to GST).
- Not eligible if rent is exempt/RCM (residential to individual, residential to business under RCM).
- ITC apportionment: if property is partly let to taxable tenant + partly residential exempt, claim only proportional ITC.
Compliance setup checklist
- Apply for GST registration on gst.gov.in within 30 days of crossing threshold.
- Issue tax invoices in the prescribed format with GSTIN, HSN/SAC code (997212 for rental of commercial), and 18% breakdown (CGST 9% + SGST 9% intra-state, IGST 18% inter-state).
- File GSTR-1 (outward supplies) by 11th of following month.
- File GSTR-3B (summary return) by 20th of following month.
- Maintain invoice + e-invoice records for 6 years.
- Annual return GSTR-9 by 31 December of following financial year (turnover > INR 2 crore).
Income tax interaction (Section 24 + 80EE)
GST is one tax layer; income tax on rental income is separate. The interaction is straightforward but easy to miss.
- Rent in income tax return: gross rent (excluding GST collected, since you remit GST separately).
- 30% standard deduction on annual value (Section 24): available regardless of GST treatment.
- Home loan interest deduction: up to INR 2 lakh (self-occupied) or unlimited (let-out, capped against rent for set-off).
- TDS by tenant (Section 194-I, 10%): claim as advance tax in your return; reconcile against final tax liability.
Common mistakes
- Charging GST on residential rent to an individual (legally exempt - tenant cannot claim ITC, you owe a refund).
- Not registering when commercial rent crosses the threshold - penalty + interest from due date.
- Treating service apartments as residential exempt - they are commercial accommodation, taxable.
- Claiming ITC on personal-use portion of a part-let property - reversal + penalty on audit.
- Forgetting RCM responsibility when renting residential to a business tenant (post-2022).
