Reaction to Retrospective 5 per cent VAT On Flats In Maharashtra

by Mr. Subhankar Mitra, JLL India
There has been a prolonged flip flop in progress with regards to the VAT (Value Added Tax) issue, and the matter was sub judice for quite a while.
Earlier, VAT was proposed to be at 5 per cent of the value of residential properties. But was lowered to 1 per cent and has now been fixed at 5 per cent  after all. This will have an obvious negative effect on buyers, because developers are bound to pass the added cost on to them.
In cities like Mumbai, this definitely does not spell good news in a real estate scenario which is already defined by high inventory pile-ups & reduced sales.
On the one hand, the market was awaiting new policies that would aim to boost flagging home sales.

However, the Government’s need to ramp up its fiscal deficit by generating additional revenue seems to have gained the upper hand.
Mr. Subhankar Mitra, JLL India
Buyers who had purchased their residential properties in 2006 would have taken possession of their houses by now and would not be affected.
However, those who had made their purchases in under-construction projects in 2010 and have not yet received possession will have to pay 5 per cent  extra on the final amount.
In some cases, developers have protected their customers from possible VAT induced price escalations by specific clauses in the agreements. But such incidences are exceptions rather than the rule.
In our view, this ruling will probably lead to a higher degree of disputes between buyers and developers. But will not necessarily result in cancellations.
In certain areas, there may be viable alternatives to new constructions available on the resale properties market. If such options exist, buyers can definitely consider those options.
About the Author...!
Mr. Subhankar Mitra is  Head – Strategic Consulting (West) at Jones Lang LaSalle India
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