Amid the confusion and concern among apartment residents, tax officials have clarified that the Goods and Services Tax (GST) on apartment maintenance charges is not a new levy, but an existing regulation since 2019.
In 2019, the Central Board of Indirect Taxes and Customs (CBIC) mandated flat owners to pay 18% GST if their monthly payments to the Resident Welfare Association exceed Rs 7,500.
However, the Madras High Court's 2021 judgment set aside the 2019 circular and ruled that GST will apply only to the portion of monthly maintenance charges that exceeds Rs 7,500.
The tax department is yet to appeal the High Court's order, and tax authorities in other states may choose not to follow the Madras High Court's interpretation.