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This is an archive article published on June 16, 2005

Tax on finished projects not payable

If your builder/promoter has been asking you to sign the flat purchase agreement before the service tax deadline of June 16, don8217;t pani...

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If your builder/promoter has been asking you to sign the flat purchase agreement before the service tax deadline of June 16, don8217;t panic. Service tax is not payable on completed projects.

In the first place, it is not a tax that can be collected on the purchase of a flat, because that is not a service. The cost of the flat will, of course, go up on account of the service tax payable by contractors giving services to the project.

The tax will become payable only when construction contracts are paid for by the builder after June 16, 2005. So only those who are booking flats in new projects, or on-going projects need to contend with the tax.

And though the tax is to be paid by the service provider, that is the contractor, the cost is sought to be passed on to the builder and therefore to the consumer. There are some interesting facts you need to know.

8226; The 10.2 per cent tax is applied differently. Says Sunil Jain, joint commissioner, Service Tax, Mumbai: 8216;8216;Labour contractors will pay tax on 100 per cent of the contract value. So will finishing services, or completion services, like carpenters.

8216;8216;But if the contractor is supplying material along with labour, the tax will be applied differently. If the contractor has not claimed credit on inputs, then he will finally pay service tax only on 33 per cent of the value of the contract. And at 10.2 per cent tax rate, it will work out to about 3.4 per cent of the value.8217;8217;

8226; The notification regarding the addition of construction contracts along with another nine new services to the service tax list was issued last week. The total list of services that are taxable is now 80.

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And the total service tax burden on a building project is to be shared proportionately by all new flat buyers, which should also bring down the cost. So, if builders are threatening to add a 10 per cent padding to the cost of your flat, you know what to do now.

 

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