The Goods and Services Tax (GST) has brought a unified tax structure reform across India since its implementation on July 1, 2017. Among various sectors affected, the hospitality industry, including hotels and accommodations, and other properties related to it, experienced a significant transformation. GST on hotel rooms is an important and different area for both customers and hoteliers, impacting room pricing, input tax credit (ITC), cancellation charges and various other miscellaneous charges. Understanding these elements is essential for business owners and consumers alike.
This article breaks down the GST tax rates applicable to hotel rooms, eligibility, the mechanism for Input Tax Credit, and the rules surrounding booking cancellations, with updates as per the latest GST Council decisions.
GST on Hotel Room Tariffs: Tax Rates
The GST rate on hotel rooms is based on the daily room tariff, not the actual amount charged after discounts. The term “declared tariff” refers to the published or listed price of the room before any discount is applied; we can say that these are the real calculated rates.
Here’s a breakdown of GST slabs for hotel accommodation:
1. Room Tariff up to ₹1,000 per Night
- GST Rate: 0%
- Remarks: Rooms priced under ₹1,000 are exempt from GST. This encourages budget travellers and small lodges to remain competitive and affordable.
2. Room Tariff from ₹1,001 to ₹7,500 per Night
- GST Rate: 12%
- Remarks: This category covers mid-range hotels and most business-class accommodations.
3. Room Tariff above ₹7,500 per Night
- GST Rate: 18%
- Remarks: Applies to luxury hotels and high-end resorts. This rate was revised from 28% to 18% in October 2019 by the GST Council to uplift the tourism and the traveller’s percentage overall to improve the economic condition.
Important Notes:
- Declared Tariff vs. Actual Tariff: The applicable GST rate is determined by the declared tariff, but the tax amount is calculated on the actual transaction value (after discounts).
- Seasonal Rates: If a hotel uses dynamic pricing (e.g., higher rates in peak season), the highest published rate for the day is considered the declared tariff for GST purposes.
GST on Hotel Services: Other Charges
Hotels also provide additional services like food and beverage, laundry, spa, and conference facilities. These attract different GST rates:
- Restaurant Services within the Hotel:
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- If the room tariff is below ₹7,500: 5% GST (without ITC)
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- If the room tariff is above ₹7,500: 18% GST (with ITC)
- Banquet Halls/Conference Rooms: 18%
- Spa and Gym Services: 18%
- Laundry Services: 18%
- Mini-Bar and In-Room Dining (non-composite): 18%
These services are often taxed separately unless they are bundled in a composite supply package.
Input Tax Credit (ITC) on Hotel Rooms
ITC allows businesses to offset the GST paid on purchases and expenses against the GST they collect from customers. For hoteliers, this includes GST paid on:
- Construction and renovation of hotel buildings
- Furniture and fixtures
- Hotel supplies (e.g., linen, toiletries)
- Food and beverages for restaurants within the hotel
Eligibility for ITC
Hotels registered under GST can claim ITC on inputs used for business purposes, but certain restrictions apply:
- Construction-Related ITC
- Blocked ITC: GST paid on the construction of immovable property (e.g., building a hotel) is not eligible for ITC under Section 17(5) of the CGST Act.
- Restaurant Services
- If the restaurant within a hotel opts for the 5% GST slab, it cannot claim ITC.
- If it charges 18% GST, it can claim ITC on inputs.
- Mixed Supply Scenarios
- In bundled services (like stay + breakfast + airport transfer), classification as a composite supply is critical to determine the GST rate and ITC eligibility.
- If the principal supply is room accommodation, the entire bundle is taxed as per the room’s GST rate.
- Corporate Bookings
- Businesses booking rooms for employees may claim ITC, provided the stay is for business purposes and invoices are in the company’s GSTIN.
GST on Room Booking Cancellations
Hotel bookings often come with cancellation policies. Whether or not GST applies to cancellation charges depends on how the cancellation fee is treated.
1. Full Cancellation with Charges
If a guest cancels a room and the hotel retains a portion of the booking amount as a cancellation charge, GST is applicable on that amount.
Example:
- A room booked for ₹5,000 per night is cancelled.
- The hotel charges ₹1,000 as a cancellation fee.
- GST @12% (as per declared tariff) is applicable on ₹1,000.
This is because cancellation charges are considered a supply of service, and hence taxable under GST.
2. No Show
If a guest does not check in and the hotel retains the advance payment, it is treated in the same way as a cancellation. GST applies to the forfeited amount.
3. Free Cancellation
If the cancellation is made within the free cancellation window and no amount is retained, no GST is applicable.
Accounting Note:
- Cancellation charges should be treated as business income and reported in GSTR-1 under outward supplies.
- Tax liability arises at the time of receipt or invoice issuance, whichever is earlier.
Recent Updates and Clarifications
- Clarification by CBIC (2021): The CBIC clarified that GST on hotel rooms is applied based on the declared tariff but calculated on the transaction value.
- ITC on Employee Stays: Businesses cannot claim ITC on hotel stays for employees if the purpose is personal (e.g., holiday travel).
- Foreign Tourists: No GST refund is available under the Tourist Refund Scheme (TRS), as it has not been implemented yet.
Compliance Requirements for Hotels
Hoteliers need to adhere to several compliance obligations:
- GST Registration: Mandatory if annual turnover exceeds ₹20 lakhs (₹10 lakhs in special category states).
- Proper Invoicing: Include GSTIN, SAC codes, rate and amount of tax, and HSN code for services.
- GST Return Filing: Monthly (GSTR-1, GSTR-3B) and annual returns (GSTR-9) must be filed.
- E-invoicing: It is applicable to hotels with a turnover above the prescribed limit (currently ₹5 crores as per the latest norms) and the other limit prescribed by the government.
Conclusion
The GST framework and its uniform structure for hotel accommodation have introduced a tiered tax structure, affecting pricing strategies, customer billing, and internal compliance. By gaining a proper understanding of the applicable tax rates, eligibility for ITC, treatment of cancellation charges, and other fees, hotel businesses can optimize their operations and ensure regulatory compliance. By following the proper structure of the GST framework, the tax system for hotels and related properties can be very beneficial for hotels, their owners, and the government, helping to avoid unnecessary complications related to GST.
For customers, a clear understanding of GST implications helps in better planning, especially for corporate travel, event bookings, or extended stays. As the GST regime evolves, staying updated with changes through CBIC notifications and GST Council meetings is key for both hoteliers and travellers.
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