Introduction to Resident Welfare Associations (RWAs)
Resident Welfare Associations (RWAs) are organizations that provide maintenance and upkeep for housing societies, apartment complexes, and residential colonies in India. An RWA is essentially an association of residents living in a particular area that come together to take care of the community’s needs. RWAs play a crucial role in managing the day-to-day affairs of a residential complex or society. Their responsibilities include maintenance of common areas, security arrangements, garbage collection, water supply, holding events and celebrations during festivals, etc. RWAs help create a sense of community living and provide a collective voice to take up issues faced by residents with municipal authorities. Over the years, RWAs have evolved into quasi-local self-governance units in urban areas. As per a recent estimate, India has over 200,000 RWAs across metros, cities, and towns. The number is steadily growing as new residential projects come up in suburban areas. RWAs are registered as non-profit organizations under state-level co-operative societies or apartment ownership acts. They have an elected Executive Committee composed of residents that oversees RWA operations. Funds are collected from members in the form of monthly maintenance charges and used for community expenses.Understanding Goods and Services Tax (GST)
Goods and Services Tax (GST) is an indirect tax regime introduced in India on July 1, 2017. It has subsumed multiple central and state-level indirect taxes such as VAT, CST, service tax, entertainment tax, luxury tax, etc. Under GST, all goods and services are taxed under five different GST slabs:- 0%
- 5%
- 12%
- 18%
- 28%
- Destination-based tax: GST is applicable where goods or services are consumed and not where they originate from.
- Input tax credit: GST paid on purchases can be set off against GST payable on the supply of goods and services. This avoids tax cascading.
- Four-tier structure: GST has a four-tier structure comprising CGST, SGST, IGST, and UTGST. CGST and SGST apply for intra-state supplies, while IGST applies for inter-state supplies.
- Common compliance portal: registration, tax payments, return filing, etc. are done online via the GST Network portal.
Applicability of GST to Resident Welfare Associations
RWAs provide various services, such as security, maintenance of common areas, facilities, etc., to their members. The key question is whether GST is applicable to these services provided by an RWA to its members.
As per the provisions of the GST Law, any supply of goods or services by one person to another in the course or furtherance of business is considered a taxable supply. Services provided by an RWA to its members in return for consideration in the form of maintenance charges are a taxable supply of services.
Some examples of taxable RWA services under GST include:
- Housekeeping and maintenance of common areas
- Security services
- Payment of utility bills (paid out of the maintenance fund)
- Booking of a community hall for events
Differentiating GST Applicability for Various Types of RWAs
The applicability of GST for Resident Welfare Associations (RWAs) varies depending on factors like size, nature of services provided, turnover, etc. RWAs can be broadly classified into the following categories from a GST perspective:
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Self-maintained small RWAs
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Large RWAs with turnover above the threshold
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RWAs provide services to outsiders.
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Commercial establishments operating from RWA premises
GST registration for RWAs
RWAs are liable to register for GST if their aggregate turnover exceeds ₹20 lakhs (₹10 lakhs for special category states) in a financial year. Aggregate turnover includes:- Taxable value of all goods and services supplied
- Exempt supplies
- Export of goods and services
- Inter-state supplies
- Registration is mandatory for crossing the turnover threshold.
- A GSTIN number is allotted post-registration.
- You can register voluntarily even if you are below the threshold.
- Registered RWAs to collect and deposit GST on maintenance charges
- Eligible to claim ITC on purchases for providing taxable supplies
Understanding Input Tax Credit (ITC) for RWAs
Input Tax Credit (ITC) is a key feature of GST that eliminates cascading of taxes. ITC allows the recipient of goods or services to claim the GST paid on purchases against the output GST payable on supply. RWAs can avail of ITC on the following:- Inward supplies: GST paid on supplies received by RWA from vendors
- Capital goods: GST paid on purchase of equipment, fixtures, appliances etc.
- Input services: GST paid on services like security and housekeeping availed by RWA
- Vendors provide proper tax invoices.
- GST is separately charged and paid by RWA.
- ITC is claimed in monthly GST returns.
- Goods and services are used to provide taxable outward supplies.
| Purchase/Expense | ITC Eligibility |
| Security services | Eligible |
| Maintenance/housekeeping contracts | Eligible |
| Generator purchase | Eligible |
| Audit fees | Eligible |
| Property/water taxes | Not eligible |
| Brokerage for flat purchases | Not eligible |
Tax Calculations and Returns Filing for RWAs
Calculation of GST
- For exempt RWAs: No GST, hence no special calculations needed.
- For registered RWAs:
- Identify taxable outward supplies as per the GST rate schedule.
- Add applicable CGST and SGST equally to the taxable value.
- Deduct the available ITC from the output CGST and SGST payable amounts.
- Pay the net GST liability in cash.
GST Returns
The key GST returns applicable to registered RWAs are:- GSTR-1: Furnishes details of outward supplies and taxes.
- GSTR-3B: Monthly tax payment return.
- GSTR-9: Annual GST return filed reconciling ITC claims, expenses, etc.
| Return | Period | Due Date |
| GSTR-1 | Monthly | 11th of next month. |
| GSTR-3B | Monthly | 20th of next month. |
| GSTR-9 | Annual (FY) | 31st December |
Impact of GST on RWA Finances and Budgeting
Implementation of GST has significant implications for the finances and budgeting aspects of RWAs.
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Additional tax burden
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Working capital impact
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Compliance costs
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Structured processes
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Budgeting
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A higher standard of financial prudence
Conclusion
The introduction of GST in India has brought about significant changes in how RWAs need to operate. Activities of RWAs typically constitute the supply of services to their members, attracting GST on maintenance charges. Small RWAs may be exempt, while large RWAs need to register and undertake monthly compliances if turnover crosses the prescribed threshold. Availing ITC helps reduce the tax burden. RWAs need to adapt their processes and budgets to manage GST registration, calculation, documentation, returns, and reconciling ITC claims. An adequate understanding and plan are vital for RWAs to remain tax-compliant and avoid penalties for non-compliance. Also Listen: GSTR 7 Applicability and Registration RequirementsFAQs
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Is GST applicable if monthly maintenance is less than Rs 7500 per member?
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Can an unregistered RWA provide input services to members?
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Does a registered RWA need to collect GST on penalties or interest charged?
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What tax invoice details are required for RWA to claim ITC?
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How is venue renting by RWA for external parties taxed under GST?
Navigate GST rules affecting Resident Welfare Associations with confidence.
Ahana Das
Freelancer
Ahana is an accomplished writer who has covered her graduation in English Honours. Having written in various subjects, she takes particular interest in writing content on personal finance, investing, budgeting and financial planning and her articles on finance and current affairs are seldom published in global newspapers.