Hindustan Times (Delhi)

Expert view: How will GST impact the Indian real estate sector?

- Anuj Puri htestates@hindustant­imes.com

The Goods and Services Tax (GST) is beyond doubt the most revolution­ary tax-related reform to be seen in India in several decades, since it will eliminate the conflictin­g and cascading taxation structures which have confounded several industries over the past few decades. It will most certainly have a profound effect on India’s economic prospects. Though the GST tax structure has been announced, there is still a lot of conjecture about which tax rate will be applicable to the real estate and constructi­on industry.

The tax rate is not decided yet and it would be premature to comment on it at this point. The expectatio­ns are for real estate to be in the 12% bracket. However, the GST rate is not the only important factor. The abatement rules as applicable under the service tax regime and the input tax credit facility for developers will determine if the effective tax incidence on real estate is lower or higher under GST.

Effectivel­y, the compositio­n scheme allowing for abatement against cost of land to the extent of 75% of the house cost for residentia­l units priced under INR 1 crores and less than 2000 sq. ft. makes the effective rate at 3.75%. In other cases, the abatement goes down to 70%, making the effective rate at 4%. This will go a long way in determinin­g whether GST is tax neutral or tax adverse for real estate.

The government has offered some clarity on the abatement rules for under-constructi­on houses and input tax credit benefits for developers. If we look at the residentia­l property sector, sales are not just impacted by tax rates but also by sentiment, and also on account of the trust deficit which the Real Estate Regulation & Developmen­t Act - or RERA - now seeks to address. That said, if costs do go higher under GST, the lower prevailing current home loan rates could assuage the impact to some extent.

Buyers and investors as well as developers are understand­ably worried that the final ticket size of homes will increase even if the Government levies GST at 12%, when compared to the existing service tax rates. Developers are still awaiting further clarity on this, but they know that it is in the interest of their business to keep ticket sizes range-bound. Evolving market dynamics have already brought about a change in the manner in which developers work. Staying customer-centric and delivery-focused to create a differenti­ated identity will be the most logical and likely method for them to adopt. Other doubts pertain to the rental housing market, which would naturally be impacted if the Government were to tax residentia­l leases under GST. The common apprehensi­on is that if this were to happen, the rental housing segment may see a huge slump over the medium-term, since residentia­l leases are currently not taxed at all.

Here, it is pertinent to note that residentia­l leasing is an inherent demand which will not evaporate merely by higher taxes. Certainly, we may be looking at a rental stagnation or marginal decline as the market readjusts to the new dynamics which GST will infuse. However, rental housing demand is sticky and end-user-driven in nature, so we are definitely not looking at a major slump in this segment because of GST even if it does tax residentia­l leases.

That said, rental yields in major cities could certainly moderate if GST is levied on rental housing. In India, rental yields in housing are quite modest at around 2-4% on an average. Rents may either hold steady or decline marginally due to increase in housing stock. However, it is also true that most investors in the residentia­l sector do not invest for rental yields but rather for the capital value appreciati­on, so reduced rental yields would not independen­tly impact sentiment. When it comes to GST’s impact on the commercial office real estate market - with the existing service tax for commercial leases at 15%, GST would be likely neutral overall (at 12% slight savings, and at 18% slight increase).

Impact on Affordable Housing Affordable housing is currently exempt from service tax. It is likely that the government may come out with a clarificat­ion regarding the applicabil­ity or continuing exemption under the GST.

 ?? MINT/FILE ?? The expectatio­ns are for real estate to be in the 12% tax bracket under GST
MINT/FILE The expectatio­ns are for real estate to be in the 12% tax bracket under GST

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