Sunday, December 9, 2012

[aaykarbhavan] SER TAX REG OF AN AOP

Dear members,

Following are the facts:
1. a premise is owned by an AOP, consisting 3 members having
different shares.
2. AOP has let out this premise to LIC vide one common agreement
3. the annual rent is about 21 lacs, deposited in one AOP's common
s/a.
4. one member's share is 14 lacs, 2nd member's share is 5 lacs and
3rd member's share is 2 lacs.
5. they want to register with ser tax and charge ser tax.

I would like learned members to guide me on he followings issues:

1. are all co-owners are liable to service tax jointly as AOP?
2. if they are liable jointly , how to obtain reg no because AOP is
not filing income tax return as its income is divided amongst
members and each member is filing i-tax return individually and
showing their resp shares.
3. can any one member obtain in his name as a member of AOP and
charge ser tax on full rent and collect & pay ser tax on behalf of
AOP and then divide their rent income?

IF
4. if only member whose share in rent is more than 10 lacs is
liable, then would it be ok if rest of rent is not charged to ser
tax?

I request learned members to please guide me in the matter.

Thank you.
moiz




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