Applicability of GST on Co-Operative Housing Societies

There are lot of societies who believes that GST is not applicable in such cases. It’s not true. Under ection 2 (17)(e) of CGST Act 2017, provision by a club, association, society or any such body of the facilities or benefits to its members is deemed to be a business.

Resultantly, activity of housing society would attract the levy of GST and housing society would be required to register if the Turnover exxeeds 20 lakh threshold limit.

However, there are few Exemption for housing societies. The same is as under:

Notification no. 12/2017-Central Tax (Rate) dated 28.06.2017

Services by unincorporated body or non-profit entity to its own members :

1) as a trade union

2) carrying out any activity which is exempt from GST

3) up to Rs. 5,000 per month per member for sourcing of goods or services from a 3rd person for common use

Applicability of GST on charges collected:

1) GST will be applicable on the amount in excess of Rs. 5,000.

2) Property Tax, water tax, non-agricultural tax, electricty charges – GST will not be levied as per exemption notification as referred above.

3) Repairs & maintenance fund, car parking charges, non occupancy charges, simple interest for late payment or any other type of charges –

GST will be levied as these are collected for supply of services.

In short, If turnover of the society is less than Rs. 20 Lakh or even if the turnover is beyond Rs. 20 Lakh but the monthly contribution of individual members towards maintenance is less than Rs. 5,000 and society is not providing any other taxable services to members or outsiders, then the society need not take registration under GST.