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Microlesson · 5-min read

Exemption - Renting of Residential Dwelling & Long-Term Industrial Lease

# Exemption: Renting and Leasing Services

## 1. Renting of Residential Dwelling for Use as Residence

Exempt if the residential dwelling is rented:

  • To an unregistered person, OR
  • To a registered person — but only if that person is a proprietor taking it on rent for his own residence (not for the business).

> Warning: When rented to a registered person for business use / company-provided accommodation → Taxable under RCM (recipient pays).

## Hostels, PG, Camps, Student Residences

General rule: Accommodation services by hostels, camps, PGs and student residences are Taxable (do not enjoy the residential-dwelling exemption).

Exception (Exempt) — both conditions must be satisfied:

1. Minimum continuous period of 90 days, AND

2. Value is up to ₹20,000 per person per month.

## 2. Upfront Amount on Long-Term Industrial Lease

Exempt is the upfront amount (called premium, salami, cost, price or by any other name, including preferential location charges) paid in one or more instalments for long-term lease of at least 30 years of:

  • Industrial plot, OR
  • Plot for developing financial business infrastructure

Conditions:

  • Recipient: Industrial unit or developer in an industrial / financial business area.
  • Provider: State Government industrial development corporation/undertaking (e.g., MIDC, RIICO) OR an entity in which CG/SG/UT has at least 20% ownership.

## Decision Tree — Residential Renting

```

Is the property a 'residential dwelling' used as residence?

  • No -> Taxable
  • Yes -> Recipient unregistered? -> Exempt

Recipient registered? -> Proprietor for own residence? -> Exempt

Otherwise -> Taxable (RCM)

```

Worked example

### Example 1

Q. Mr. X (unregistered) takes a flat on rent for his family residence at ₹30,000/month.

A. Unregistered recipient, residential use → Exempt.

### Example 2

Q. ABC Ltd. (registered) takes a flat on rent to provide accommodation to its CFO.

A. Recipient is a registered person, not a proprietor renting for own use → Taxable under RCM.

### Example 3

Q. A PG accommodation charges ₹15,000 per month per student; students stay for 6 months.

A. Both conditions met (≥90 days continuous + ≤₹20,000/month) → Exempt.

### Example 4

Q. MIDC grants 60-year lease of an industrial plot to a manufacturer for ₹5 crore upfront.

A. Long-term lease (≥30 years) by a State industrial development corporation to an industrial unit → upfront premium is Exempt.

⚠️ Common exam mistakes

  • Assuming all residential renting is exempt — taxable when rented to a registered person for non-personal use.
  • Granting exemption to a registered proprietor renting a place for his shop — exemption is only for own residence.
  • Treating PG/hostel accommodation as exempt automatically without checking the 90 days + ₹20,000/month dual condition.
  • Applying the industrial-lease exemption to a 20-year lease — minimum is 30 years.
  • Overlooking that the lessor must be a State industrial corporation or a CG/SG/UT-owned (≥20%) entity.
Reference: — Notification No. 12/2017-CT(R)
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