The Goods and Services Tax (GST) regime in many countries, including India, has been designed to simplify and standardize the tax structure for goods and services across all sectors. When it comes to hostels and paying guest (PG) accommodations, the applicability of GST can vary based on certain criteria, such as the charges per day and the nature of services provided.
As of the latest updates, hostel and paying guest accommodations have been brought under the GST umbrella, attracting a 12% tax rate. This decision is part of the broader effort to bring uniformity in tax rates for different services and ensure a level playing field for all service providers. Here’s why this tax rate is applied:
The application of a 12% GST on hostels and paying guest accommodations is aimed at standardizing the tax treatment of accommodation services, enhancing revenue, and encouraging the formalization of this sector. Both consumers and operators are impacted by this change, with implications for costs, compliance, and service quality.
Q1. Why is GST now applicable on hostel and PG accommodations?
Ans1 The Authority for Advance Rulings (AAR) determined that hostel and PG accommodations do not qualify as "residential dwellings" under GST law. Therefore, they are subject to GST, as they are considered commercial establishments providing lodging services.
Q2. What is the applicable GST rate for hostel and PG accommodations?
Ans2 As per the AAR rulings, hostel and PG accommodations are subject to a 12% GST rate. This rate applies to services that do not fall under the exemption for residential dwellings.
Q3. Are there any exemptions to this GST applicability?
Ans3 Previously, accommodations charging below ₹1,000 per day were exempt from GST. However, this exemption was withdrawn effective July 18, 2022. Currently, there are no specific exemptions for hostel and PG accommodations under GST.
Q4. Does the duration of stay affect GST applicability?
Ans4 No, the duration of stay does not impact GST applicability. Whether the stay is short-term or long-term, if the accommodation is categorized as a hostel or PG, it is subject to GST as per the AAR rulings.
Q5. Can hostel and PG operators claim Input Tax Credit (ITC)?
Ans5 Yes, operators providing taxable services under GST can claim ITC on inputs and input services used in the course of providing these accommodations, subject to compliance with GST provisions.
Q6. How does this GST impact residents of hostels and PGs?
Ans6 Residents may experience an increase in accommodation costs, as operators may pass on the GST burden to them. It's advisable for residents to check if GST is included in their rent and request proper invoices reflecting GST charges.
Q7. Are there any recent legal developments regarding GST on hostels and PGs?
Ans7 Yes, various AAR rulings, including those from Karnataka and Tamil Nadu, have clarified the GST applicability on such accommodations, reinforcing the 12% GST rate and the non-exemption status of hostels and PGs.
Q8. What should hostel and PG operators do to comply with GST regulations?
Ans8 Operators should register under GST if their turnover exceeds the threshold limit, charge the appropriate GST rate on accommodations, issue proper tax invoices, and file regular GST returns to ensure compliance.