Implication of TDS on Construction services

1. Will construction services attract GST?

  • Notified pure labour contracts will not be liable to GST.

2. Pure labour contracts vs works contract

  • Pure labour contract are the contracts wherein the supplier of service should not utilize any material while supplying the service. It should purely be a labour contract only.
  • A labour contract consisting of both labour and material is termed as a works contract.

3. Are works contract services exempted from GST?

  • No, works contract services are taxable, since they are not expressly exempted by any notification.

4. What are all the pure labour contracts that are exempted from GST?

  • Pure labour contracts relating to the construction, erection or installation of original works pertaining to a single residential unit (Refer FAQ no 3)
  • Pure labour contracts supplied by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation or alteration of a civil structure under the Housing for all urban mission or Pradhan Mantri Awas Yojana (PMAY).

5. Scope of pure labour contracts relating to a single residential unit

  • Services by way of pure labour contracts of construction, erection, commissioning or installation of original works pertaining to a single residential unit otherwise than part of a residential complex are exempted from GST.

6. What about pure labour contracts rendered by service providers in an apartment? Are they exempt from GST?

  • A single residential unit means a self-contained residential unit which is designed for use wholly or principally for residential purposes of one family.
  • A residential apartment can be assumed to covered within the scope of the term “single residential unit”.
  • However, the exemption as mentioned in FAQ no 3 expressly excludes residential units, forming part of a residential complex. Therefore, pure labour contracts rendered in an apartment will not be eligible for exemption.

7. “Original works” for the purpose of GST

  • Original Works means
    • All new constructions.
    • All types of additional and alterations to abandoned or damaged structures on land that are required to make them workable
    • Erection, commissioning or installation of plant, machinery or equipment or structures whether pre-fabricated or otherwise.

8. Will construction of structures for use by pubic under a government contract attract GST?

  • Yes, services relating to construction of structures for use by public under a government contract are taxable since the same are not expressly exempted under GST law.

9. If any infrastructure is constructed to provide electricity to the tube well of a farmer, will such services attract GST?

  • No, services supplied by electricity distribution utilities for the construction, erection or installation of any infrastructure for the purpose of extending electricity upto a tube well of farmer or an agriculturist for agricultural use will not attract any tax.

10. Rate of GST for basic construction services (CGST/SGCT/IGST)

  • Construction of affordable residential apartments (including in a real estate project) which commences on or after 1st April, 2019 – 0.75/0.75/1.5
  • Construction of residential apartments other than affordable residential apartments (including in a real estate project) which commences on or after 1st April, 2019 – 3.75/.375/7.5
  • Construction of commercial apartments (shops, offices, godowns etc.) which commences on or after 1st April, 2019 – 3.75/.375/7.5
  • Other construction services – 9/9/18
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