Construction works contract gst

“works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract. Works Contract under Pre-GST: - Works contracts consists of three kinds of taxable activities as per the current law. - It involves supply of goods as well as supply of services. If a new product is created during the works contract, then such manufacturer becomes a taxable event.

♦ What is Works Contract under GST? A contract of works, may relate to both immovable and immovable property. E.g. if a contractor, takes a contract for the building work, it would be a works contract in relation to immovable property. Similarly, if a composite supply in relation to movable property such as fabrication/painting/annual maintenance contracts etc. is undertaken, the same would come in definition of a works contract. GST rate on works contract depends on the nature of services which will be provide. Most of the services under works contracts are taxed at the rate 12% and 18%. Most of the services under works contracts are taxed at the rate 12% and 18%. “works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract. Works Contract under Pre-GST: - Works contracts consists of three kinds of taxable activities as per the current law. - It involves supply of goods as well as supply of services. If a new product is created during the works contract, then such manufacturer becomes a taxable event.

Works contract tax (WCT) is a tax imposed on a contract for work, such as assembling, construction, building, altering, manufacturing, processing, fabricating, 

1) Works Contract under GST would necessarily involve immovable property. In view of the same the place of supply would be governed by Section 12(3) of the IGST Act, 2017, where both the supplier and recipient are located in India. The place of supply would be where the immovable property is located. 2) (a) works contract as defined in clause (119) of section 2;” Thus Schedule II has made it clear that under GST, a Works Contract would be treated as a Supply of Service and its taxability would also be governed on the same terms as of a supply of a taxable service. Now, after you have built the houses for the government, you completed the contract and now you will be paid the contract amount. This is what a typical works contract entry will look like. Let’s take another example to understand this better. Example – 2. You have completed the works contract given to you by the government. The contract amount is ₹6,00,000 with additional GST @ 18% in the form of IGST. Further, works contract is a composite supply under GST regime. 2. Construction service vis-a-vis works contract service. Under GST legislation, construction of complex is different from works contract service. As in case of construction of complex, the builder does not have any recipient at the time of or before undertaking construction activity. GST applicable on Works Contract for Constructing Civil Structure for Govt Entity: AAR [Read Order] The Authority for Advance Ruling ( AAR ), West Bengal has held that 18% GST would be applicable in case of works contracts for constructing Civil Structure for Government Entity. As recommended by GST council on 18 January 2018, if sub-contractor is providing works contract services to main contractor and that main contractor is providing works contract services to Central Government, State Government, Union territory, a local authority, a Governmental Authority or a Government Entity to 12% from 18%, provided the works contract service being provided by the main contractor is being chargeable at the rate of 12%.

16 Jan 2019 Agenda. ▷ Works contract V/S construction contracts. ▷ Nature of supply in case of construction of complexes. ▷ Transitional provisions.

As per GST law, works contract means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract” [Section 2(119) CGST]

Works contract tax (WCT) is a tax imposed on a contract for work, such as assembling, construction, building, altering, manufacturing, processing, fabricating, 

What is a works contract? A works contract is a mixture of service and transfer of goods. Examples of works contract are the construction of a new building, erection, installation of plant and machinery. Pre-GST law. Works contracts consisted of three kinds of taxable activities as per the previous law. It involved supply of goods as well as supply of services. If a new product was created during the works contract, then such manufacture became a taxable event. Given that the rate for service tax was 15%, and the GST rate for works contract is 18%, it is bound to create an extra burden of taxation in the GST era. Long Term Construction / Works Contracts In the case of constructions or contracts going on for a long period, there are bound to be circumstances wherein the contract began in the previous regime and has extended into the GST regime. Place of Supply in Regards of Work Contract. Under GST, the work contract will compulsorily involve the immovable property. The IGST Act in Section 12(3) would govern the same place of supply, where both the supplier and the recipient is located in India. The immovable property would be located at the place of supply. ♦ What is Works Contract under GST? A contract of works, may relate to both immovable and immovable property. E.g. if a contractor, takes a contract for the building work, it would be a works contract in relation to immovable property. Similarly, if a composite supply in relation to movable property such as fabrication/painting/annual maintenance contracts etc. is undertaken, the same would come in definition of a works contract.

The Works Contracts has been defined in Section 2(119) of the CGST. Act, 2017 as. “works contract” means a contract for building, construction, fabrication 

10 Aug 2017 The tax on construction activity, including composite work contracts, was increased to 18% from 12% under GST. However, Finance Minister 

11 Aug 2019 “works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification,  14 Feb 2018 civil work is the in the form of works contract and regarded as service in GST. Construction of apartment/tenements is taxed 12% after considering land deduction