Taxability of Rent, RCM Provisions & ITC Rules — Complete Practical Guide

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Taxability of Rent, RCM Provisions & ITC Rules — Complete Practical Guide
By CA. Shivesh Khandelwaal   |   Published on: 23-12-2025 | 10 min read

Rental income from immovable property is one of the most misunderstood areas under GST, especially when it comes to the difference between residential and commercial property, reverse charge (RCM), and input tax credit (ITC).
This confusion often leads to wrong GST registration decisions, incorrect tax payments, and ITC disputes during audits.

This detailed guide explains GST applicability on rent, clearly distinguishes residential vs commercial property, and simplifies RCM and ITC rules with practical examples.


1. GST Framework for Renting of Immovable Property

Under GST law, renting of immovable property is treated as a “supply of service.”
Therefore, GST may apply depending on:

  • Nature of the property (residential or commercial)

  • Purpose of use (residential or business)

  • Status of landlord and tenant

  • Registration status of the tenant (for RCM cases)


2. Residential Property Under GST

2.1 Meaning of Residential Property

A residential property is an immovable property:

  • Designed and approved for residence

  • Used for living purposes (house, flat, apartment)


2.2 GST on Residential Property Rent (Normal Rule)

Particulars GST Treatment
Rented for residential use (as residence) Exempt from GST
Rented for business or commercial use Taxable

Key principle:


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