The aftershocks of the finance minister’s announcement levying a 12.5% service tax on commercial lease rentals were felt in Mumbai’s real estate industry on Thursday. Corporates, banks, multi-nationals, malls, restaurants, BPOs, IT companies and multiplexes are expected to be hit if the proposal goes through.
“Today, 90% of the BPO/IT companies in the city have a policy of only leasing properties to carry out their functions. Many banks, MNCs, malls, restaurants and multiplexes are also likely to be caught in the crossfire. The bottom line of all these companies can be affected, which in turn will affect the stock prices of these companies,’’ warned property consultant Ashok Narang.

For instance, a company paying Rs 1 lakh as lease rental will now have to shell out Rs 12,500 more as service tax. The bigger the premises on lease, the bigger the impact on the company. Lease rentals in the city are anywhere in the range from Rs 80 a sq ft to Rs 225 a sq ft. There are commercial premises in areas like Worli where foreign banks have taken on lease floor space at the rate of Rs 400 a sq ft.
J S Augustine, corporate advisor of the Acme Group, said the proposed service tax will have a bearing on the commercial lease rental market. “This is bad news for the industry as it will reel under high prices. A lot of real estate companies can get affected because many of them have stopped selling and have started leasing out their commercial properties. It will also affect the retail industry and developers.’’ According to him, investors buying commercial premises and leasing them out too will be hurt.
“Introduction of service tax for commercial rent is likely to increase pressure on the developer and thereby the tenants. As for new leases, this will, in all likelihood, become a passthrough cost (by way of increased rentals). This can result in further increase in property prices as the enduser demand remains strong,’’ said Sanjay Verma, executive managing director, South Asia, Cushman & Wakefield India.
Jaidev Mody of Piramals said the cost of rent will go up in an already over heated market. “It will be passed on to the end user,’’ he said. Mody did not rule out the possibility of companies buying property outright instead of taking them on lease. “Today, most MNCs take it on lease because it is a deductible expense,’’ he added.
Some experts warned that the payment of service tax may lead to disputes between the landlord and licensee/tenants, if the agreement already executed is not clear on who will pay the tax. According to them, returns of mutual and real estate funds which have invested in commercial leased premises may be affected if the licensees refuse to pay the service tax. Others feared that ownership prices of commercial property are likely to go up because of the impact of service tax on rented premises.