How Real Estate Commission Works in India
Real estate brokerage commission in India is the fee paid to brokers and channel partners for facilitating property transactions. Unlike many countries where commission structures are standardized, India's real estate brokerage market operates on largely negotiable terms. The commission is typically calculated as a percentage of the property's transaction value and varies depending on the type of property, the market, and the relationship between the broker and the developer or client.
For primary sales (new projects directly from developers), commission is paid by the developer to the channel partner (CP) or broker who brings the buyer. This is the most common commission model in Indian real estate. The developer benefits from a distributed sales force without bearing fixed salary costs, and the broker benefits from commissions that can be substantial on high-value properties. For resale transactions, the commission is typically charged to the buyer, the seller, or split between both parties depending on the market practice in that city.
Standard Commission Rates by Property Type
While commission rates are negotiable, here are the standard ranges across Indian real estate:
| Transaction Type | Typical Commission | Who Pays |
|---|---|---|
| Primary Residential (Developer) | 1% - 3% | Developer |
| Resale Residential | 1% - 2% | Buyer / Seller / Both |
| Primary Commercial | 2% - 4% | Developer |
| Commercial Lease | 1-2 months rent | Landlord / Tenant |
| Residential Rental | 1 month rent | Landlord / Tenant |
| Plot / Land | 1% - 2% | Buyer / Seller |
| Luxury / Ultra-Luxury | 2% - 5% | Developer (higher incentive) |
* Rates are market norms and can vary by city, developer, and deal specifics. Premium projects and exclusive mandates may offer higher commissions.
GST on Real Estate Brokerage
Under the Goods and Services Tax regime, real estate brokerage services fall under SAC (Services Accounting Code) 996211 - "Real estate agency services on a fee or commission basis." The applicable GST rate is 18% (9% CGST + 9% SGST for intra-state, or 18% IGST for inter-state transactions).
Key points about GST for real estate brokers:
- Registration threshold: GST registration is mandatory if your annual turnover exceeds ₹20 lakh (₹10 lakh for special category states). Below this threshold, registration is voluntary.
- Invoicing: Once registered, you must issue a tax invoice for every commission received, showing your GSTIN, the SAC code, commission amount, and GST breakup (CGST + SGST or IGST).
- Input Tax Credit (ITC): As a GST-registered broker, you can claim input tax credit on GST paid for business expenses - office rent, marketing, software subscriptions, vehicle expenses, etc. This effectively reduces your GST liability.
- Composition Scheme: Brokers with turnover up to ₹50 lakh can opt for the Composition Scheme, paying a flat 6% GST without the ability to charge GST to clients or claim ITC. This simplifies compliance but may not be beneficial for most brokers.
- Filing: Regular GST-registered brokers must file GSTR-1 (outward supplies) and GSTR-3B (summary return) monthly or quarterly, depending on turnover.
TDS on Brokerage: Section 194H
Section 194H of the Income Tax Act requires the person paying commission or brokerage to deduct TDS (Tax Deducted at Source) before making the payment. For real estate, this means the developer deducts TDS before releasing your commission. Here is what you need to know:
- TDS rate: 5% of the commission amount (before GST). If you do not provide your PAN to the deductor, TDS is deducted at 20%.
- Threshold: TDS under Section 194H is applicable only if the total commission paid to a broker exceeds ₹15,000 in a financial year. Below this threshold, no TDS is deducted.
- TDS on GST component: Per CBDT clarification, TDS should be deducted on the commission amount excluding GST, provided the GST component is shown separately in the invoice. This is beneficial for brokers as it reduces the TDS amount.
- TDS certificate (Form 16A): The developer must issue a TDS certificate (Form 16A) quarterly, which the broker uses to claim credit for the TDS deducted when filing their income tax return.
- Claiming TDS credit: The TDS deducted appears in your Form 26AS / AIS on the income tax portal. Ensure the amounts match before filing your return. If there are discrepancies, request the developer to correct their TDS return.
How to Invoice for Brokerage Commission
Issuing proper invoices is essential for tax compliance, payment tracking, and maintaining a professional reputation with developers. Here is the correct format and process:
- Use a proper tax invoice format: Include your business name, GSTIN, RERA registration number, invoice number (sequential), date, and the developer's name and GSTIN.
- Describe the service clearly: Mention "Real estate brokerage services" with the SAC code 996211. Reference the specific project, unit number, buyer name, and booking date.
- Break down the amounts: Show commission amount, CGST (9%), SGST (9%) or IGST (18%), and total payable. Also mention "TDS applicable under Section 194H" to remind the developer to deduct TDS.
- Include bank details: Provide your bank account name, number, IFSC code, and branch for direct transfer. This speeds up payment processing.
- Maintain a copy: Keep digital and physical copies of all invoices for a minimum of 6 years (GST requirement) for audit purposes.
Common Commission Disputes and How to Avoid Them
Commission disputes are unfortunately common in Indian real estate. Here are the most frequent issues and how to protect yourself:
- No written agreement: Always get a written CP (Channel Partner) agreement with the developer before sourcing buyers. This agreement should specify the commission percentage, payment terms (on booking, on agreement, or in installments), and dispute resolution mechanism. Verbal promises have no legal standing.
- Buyer bypassing the broker: Some buyers try to go directly to the developer after the broker introduces the project. Protect yourself by registering every lead with the developer in writing (via CRM or email) before scheduling the site visit.
- Delayed payments: Developers sometimes delay commission payments for months. Your CP agreement should specify payment timelines and late payment penalties. Follow up systematically using a CRM tracker rather than relying on phone calls.
- Rate disputes: Confirm the commission rate in writing for each project before bringing buyers. Developers may change rates mid-project without informing channel partners. Having a signed rate card protects your interests.