New GST Rules Simplify Preferential Location Charges (PLC) for Builders and Buyers

The 54th GST Council Meeting has brought much-needed clarity on how Preferential Location Charges (PLC) should be taxed. PLCs are the extra charges builders apply for prime spots in a project, such as units on higher floors or with better views. The recent decision makes it clear that PLCs are part of a composite supply. This means they will follow the same GST rate as the main construction service.

What are Preferential Location Charges (PLC)?

PLCs are the extra fees builders charge for better locations within a project. For example, a flat with a garden view or closer to amenities may cost more. Until now, there was confusion about how GST applied to these charges. But now, the GST Council has confirmed that PLCs should be taxed the same way as the main construction service, as long as they are paid before the completion certificate is issued.

New GST Guidelines for PLC

The GST Council has made it clear that PLC is part of a bundled service. This simplifies things for both builders and buyers. The charges will be taxed at the same rate as the main service. Builders will no longer need to apply a separate GST rate for PLC.

Why is this Important?

This decision is important because it eliminates confusion. Builders and buyers now know that PLC is taxed as part of the overall service. There are no separate rates for this charge, which simplifies the tax process.

GST Rates for PLC Under the New Guidelines

The tax treatment for PLC will follow the main service. This means:

  • For projects started before April 1, 2019, the GST rate is 8% for affordable housing and 12% for other units.
  • For projects started after April 1, 2019, the GST rate is 1% for affordable units and 5% for other units.

Builders will no longer need to handle different tax rates for PLC. This will reduce confusion and make accounting easier.

How Does This Impact Buyers and Builders?

Buyers now have more clarity when purchasing a property. They no longer need to worry about hidden tax charges. Everything is included in the main construction service.

For builders, this change makes tax compliance easier. They don’t have to calculate GST separately for PLC. It all gets bundled with the main service, reducing paperwork.

Other Charges by Builders and GST Applicability

Builders may also charge for parking, water connections, or legal fees. These charges have different GST rules. For example:

  • Parking and legal fees are taxed.
  • Stamp duty and registration are not subject to GST.

Builders should check each charge to ensure proper GST application.

Conclusion

The GST Council’s decision to treat PLC as part of the construction service simplifies the tax process. Buyers can move forward with confidence, knowing the tax treatment is clear and fair. Builders will find the compliance process smoother.

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This article is only a knowledge-sharing initiative and is based on the Relevant Provisions as applicable and as per the information existing at the time of the preparation. In no event, RMPS & Co. or the Author or any other persons be liable for any direct and indirect result from this Article or any inadvertent omission of the provisions, update, etc if any.

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