GST · Real Estate & RCM

GST on Residential Dwelling Used for Business: Return, ITC and Notice Checklist

Finin2min GST Desk·June 2026·8 min readRESIDENTIAL DWELLING

A residential flat used as a company guest house or employee accommodation may still trigger GST review. Since Notification 05/2022 amended the reverse-charge notification, renting of residential dwelling to a registered person became a specific control point.

Core rule to check

Notification 05/2022-Central Tax (Rate) amended Notification 13/2017 to include service by way of renting of residential dwelling to a registered person, with the registered person as recipient under reverse charge. Finance teams should therefore identify residential property rent paid by registered entities and evaluate RCM.

Use-case table

Use caseGST controlDocuments
Company guest house in residential apartmentCheck residential dwelling to registered person RCM entry.Lease deed, GSTIN status, board/HR approval.
Flat rented for employees/directorsReview whether recipient under lease is registered business entity.Lease agreement, payment records.
Director/employee personally rents house and gets reimbursementDifferent facts: identify actual recipient and contract party.Lease name, reimbursement policy.
Commercial property incorrectly described as residentialClassify property/lease correctly.Property documents, municipal category, lease terms.

Monthly compliance checklist

Common mistakes

Make this a monthly finance controlKeep a working paper with invoice data, portal data, source law reference and reviewer sign-off for each GST risk area.
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Official References Used

This draft uses official GST law, rules, GST Council, CBIC/GST portal and government-source material only. Before publishing, re-check whether any notification, circular, rule text or portal workflow has changed after the draft date.

Frequently Asked Questions

Is GST under RCM applicable when a company rents a residential flat?
Notification 05/2022 added renting of residential dwelling to a registered person to the reverse-charge framework. Check exact facts and current notification text.
Does landlord registration matter?
The notification entry focuses on service by way of renting of residential dwelling to a registered person; finance should not ignore RCM merely because the landlord is unregistered.
Can ITC be claimed on such RCM?
Only if normal ITC conditions and business-use tests are satisfied and no blocked-credit restriction applies.