Real Estate GST Compliance at a Glance
📌 TL;DR - GST Returns for Real Estate Services at a Glance
Under the post 1 April 2019 regime, residential under-construction attracts 1% (affordable: 60 sqm metro / 90 sqm non-metro, value up to INR 45 lakh) or 5% (other) without ITC. Commercial in pure REP attracts 12% with ITC; commercial in RREP attracts 5% without ITC. 80% of project inputs (excluding land, FSI, TDR, electricity, cement) must be procured from registered persons under Notification 7/2019-CTR - shortfall attracts 18% RCM. Cement from URD attracts 28% RCM regardless. TDR / FSI on or after 1 April 2019 attracts 18% RCM capped at 1%/5% of unsold flats on CC. ITC for construction on own account is blocked under Section 17(5)(d) post the Finance Act 2025 retrospective amendment. Patron Accounting starts from INR 2,499 per month.
Real estate GST is the most rule-dense sector in the entire CGST framework. The 33rd GST Council meeting and Notifications 3/2019-CTR to 8/2019-CTR (all dated 29 March 2019, effective 1 April 2019) replaced the old 8% / 12% with-ITC regime with a 1% / 5% without-ITC regime for residential supplies, an 80% registered-procurement condition under Notification 7/2019-CTR, and a comprehensive RCM regime on TDR / FSI under Notifications 4/2019-CTR and 5/2019-CTR. Developers with ongoing projects on 31 March 2019 had a one-time option to continue under the old scheme (with ITC) by filing Annexure IV by 20 May 2019; non-filing was deemed acceptance of the new scheme.
The Section 17(5)(c) and (d) ITC-blocking provisions returned to centre stage with the Safari Retreats Supreme Court ruling in October 2024 - which allowed the functionality test to qualify buildings as plant and reopened ITC for leasing-purpose construction. The Finance Act 2025 then retrospectively replaced plant or machinery with plant and machinery with effect from 1 July 2017, nullifying the relief. The Supreme Court dismissed the review petition in May 2025, and the November 2025 AAR ruling confirmed the door is now closed. Patron Accounting LLP runs full monthly real estate GST compliance starting from INR 2,499 per month per project / GSTIN - covering rate determination, 80% tracking, JDA / TDR RCM, Section 17(5) defence, and RERA escrow alignment.
Content is reviewed quarterly for accuracy.



