Land Leasing for Agriculture by
Farmers are in Support Services, No GST
[MoF
Press Release dated 28 May 2018]
It has been reported in certain
section of the Press that certain changes have been made in GST law relating to
farmers, which will come into force with effect from 1st June, 2018 according
to which farmers would be required to take registration and pay GST of 18% when
they lease out their land.
2. This news is factually incorrect
and misleading. There has been No Change in the GST law and taxation relating
to farmers since July, 2017, when GST was implemented. Support services to agriculture, forestry, fishing
or animal husbandry are exempt from GST.
Such exempted support services include renting or leasing of vacant land
with or without a structure incidental to its use. Thus, renting or leasing of land
by farmers for agriculture, forestry, fishing or animal husbandry on batai (share cropping) or otherwise is also exempt from GST.
3. Further, agriculturists are
also exempted from taking GST registration.
Agriculturist has been defined to mean an individual or an HUF who undertakes
cultivation of land-
a)
by own labour
b)
by the labour of family
c)
by servants
or wages payable in cash or kind or by hired labour under
personal supervision or the personal supervision of any member of the family.