Property Agents and Brokers in Gujarat 2026: GujRERA Agent Registration, GST on Brokerage, 2% TDS, No Presumptive Tax and Cash Rules
Property agents need GujRERA registration to sell units in registered projects, GST once brokerage crosses Rs 20 lakh, and books for income tax.
Vimalbhai is a property agent in Rajkot who earns about Rs 35 lakh a year in brokerage, half from a builder's new project and half from resale flats and plots. He is not registered with GujRERA, charges no GST, and files his return under the presumptive scheme at 8% of receipts. The builder has started deducting TDS on his brokerage and has asked for his RERA agent number before releasing the next payment.
Real estate brokers handle some of the biggest transactions in every town, often with the least paperwork of their own. RERA, GST and income tax each have rules that catch agents out. Here is how they work in 2026.
Our team handles GujRERA agent registration, GST, books and income tax for property agents. Call or WhatsApp +91 82005 28355, or see the details at the end of this guide.
RERA registration for agents
- Who needs it: anyone who facilitates the sale of plots, flats or buildings in projects registered under RERA.
- Use the number: the agent's registration number must appear on every sale you facilitate and in your advertising.
- Duties: keep books and records, avoid misleading advertisements, and give buyers the project information they need.
- Penalty: an unregistered agent can face a penalty of Rs 10,000 for every day of default, up to 5% of the cost of the unit.
- Renewal: registration is for a fixed period and must be renewed in time. See RERA Gujarat agent registration.
GST on brokerage
- Registration: needed once your turnover crosses Rs 20 lakh in a year.
- Regular scheme: 18% on brokerage, with credit for GST on your office rent, phone and advertising.
- Composition: small service providers with turnover up to Rs 50 lakh can pay 6% without credit and without charging GST to clients. See the composition scheme.
- Returns: file on time even in months with no deals. See our GST return calendar.
- Shared deals: brokerage shared with another agent is a separate supply between you, so bill it properly.
Income tax for agents
- No presumptive scheme: commission and brokerage cannot be declared under the presumptive scheme. See presumptive taxation.
- Books: keep a record of every deal, receipts and expenses, and claim actual costs such as office rent, staff, fuel and advertising.
- Tax audit: needed once receipts cross the audit limit. See tax audit.
- Advance tax: brokerage is lumpy, so estimate the year and pay advance tax by the quarterly dates.
TDS on your brokerage
- Who deducts: builders, companies, firms and audited businesses deduct 2% TDS on brokerage above Rs 20,000 in a year.
- Individuals: buyers and sellers who are individuals usually do not deduct, unless their own business is audited or the amount is very large.
- Claim it: check the TDS in your annual tax statement and claim it in your return. See AIS and Form 26AS.
- Sub-agents: if you pay commission to others, you may need to deduct TDS yourself.
Cash and records
- Cash limit: no one can receive Rs 2 lakh or more in cash from one person for a transaction. See cash transaction limits.
- Token money: cash advances for a property deal of Rs 20,000 or more are not allowed for the buyer and seller either, so advise clients to pay by bank.
- Agreements: a written brokerage agreement with the rate and the trigger for payment avoids disputes and supports your accounts.
Back to Vimalbhai. He registers with GujRERA as an agent and gives the builder his number, so the payment is released. With brokerage above Rs 20 lakh, he registers for GST and bills 18% to the builder and his resale clients, claiming credit on his office costs. Because brokerage is commission, he moves from the presumptive scheme to proper books, claims his actual expenses, and pays advance tax each quarter, with the builder's 2% TDS claimed in his return.
How we help
- GujRERA agent registration and renewal
- GST registration, invoices and monthly returns
- Books of account, tax audit and income tax returns
- TDS reconciliation and advance tax planning
- Brokerage agreements and record-keeping
- Replies to GST and income tax notices
Gadhia Associate has been in practice since 2007 and has handled work for over 7,000 clients, with a 5.0 Google rating from more than 100 reviews. Property agents and builders from Junagadh, Rajkot, Jamnagar, Gondal and Porbandar come to our Junagadh office, where same-day appointments are available. Work for clients elsewhere is handled online.
Earning brokerage without RERA registration, GST or books? Get set up before a builder or the department asks. Call or WhatsApp +91 82005 28355, or message us on WhatsApp. The first consultation is free.
Frequently asked questions
Does a property agent need RERA registration in Gujarat?
Yes, to facilitate the sale of units in RERA-registered projects.
Is GST payable on brokerage?
Yes, at 18%, once the agent's turnover crosses Rs 20 lakh, or 6% under the composition scheme for small service providers.
Can a property agent use the presumptive tax scheme?
No. Brokerage and commission are excluded, so books are needed.
What is the TDS rate on brokerage?
2%, deducted by builders, companies and other liable payers on brokerage above Rs 20,000 in a year.
What is the penalty for an unregistered real estate agent?
Up to Rs 10,000 for every day of default, capped at 5% of the cost of the unit sold.
Can an agent take brokerage in cash?
Not Rs 2 lakh or more from one person for a transaction.
Position as of 6 November 2026, under the RERA Act, the GST law in force and the Income-tax Act, 2025. Registration fees and procedures follow GujRERA's current rules, so check before you apply.
