Background, Online Opt-In Process, and Key Benefits
The GST framework for hotel accommodation services
has undergone a significant procedural refinement with the introduction of an online
opt-in mechanism for declaring “Specified Premises” on the GST Portal.
While the concept itself was notified earlier, the availability of a
system-driven filing process from FY 2026–27 marks an important step toward
classification certainty and litigation reduction for the hospitality sector.
This article explains why the amendment was
introduced, how the new online process works, and what practical
benefits it offers to hotel and accommodation service providers.
Background: Why the Concept of “Specified Premises”
Was Introduced
Vide Notification No. 05/2025 – Central Tax
(Rate) dated 16 January 2025, the Government formally introduced the
concept of “Specified Premises” for hotel accommodation services. The
classification is relevant for determining the applicable GST rate,
particularly for higher-value or premium accommodation offerings.
However, during FY 2025–26, there was a
major operational gap:
- No
electronic facility was available on the GST Portal
- Declarations
were filed manually with jurisdictional officers
- Records
were fragmented, non-standardised, and difficult to verify during audits
This led to uncertainty, especially during scrutiny
proceedings, where taxpayers were required to justify both rate applied and
eligibility retrospectively.
To address these issues and align the process with
GST’s digital compliance philosophy, the Government has now enabled online
filing of opt-in declarations for specified premises, effective from January
2026 for FY 2026–27 onwards.
Who Can Opt for Specified Premises Declaration
The online facility is available to:
- Existing
registered regular taxpayers (including suspended registrations) supplying
hotel accommodation services
- Applicants
for new GST registration intending to supply such services
The facility is not available to:
- Composition
taxpayers
- TDS/TCS registrants
- SEZ units or developers
- Casual taxpayers
- Cancelled registrations
Types of Declarations Available on the GST Portal
The GST Portal now hosts the following
declarations:
Annexure VII
For existing registered taxpayers opting to
declare premises as specified premises for a subsequent financial year.
Annexure VIII
For persons applying for new GST registration,
to declare specified premises from the effective date of registration.
(Annexure IX for opt-out will be introduced
separately.)
Timeline for Filing the Declarations
Existing Registered Taxpayers –
Annexure VII
- Filing
window: 1 January to 31 March of the preceding financial year
- For FY
2026–27, the window is 01.01.2026 to 31.03.2026
New Registration Applicants –
Annexure VIII
- Must
be filed within 15 days from the date of ARN generation
- Filing
is allowed even before GSTIN allotment, provided the application is not
rejected
- If
the 15-day window lapses, the declaration can only be filed during the
January–March window via Annexure VII
Mandatory Re-Filing for FY 2026–27
A critical compliance point:
- For FY
2025–26, declarations were filed manually
- For FY
2026–27, fresh electronic filing of Annexure VII is mandatory,
even for taxpayers who had already declared specified premises earlier
Similarly, taxpayers declaring specified premises for
the first time must also file Annexure VII during the same window.
Key Benefits of Declaring “Specified Premises”
1. Certainty of GST Rate
Applicability
The foremost benefit is classification and rate
certainty. Once premises are declared as specified:
- The
applicable GST rate becomes clear and defensible
- Ambiguity
arising from tariff fluctuations or dynamic pricing is substantially
reduced
In GST, certainty often outweighs marginal rate
differences.
2. Stronger Defence During Audit and Scrutiny
An electronically filed declaration:
- Is
system-validated
- Generates
an ARN
- Creates
a permanent digital audit trail
This significantly strengthens the taxpayer’s
position during:
- Departmental
audits
- Scrutiny
of returns
- Investigations
by enforcement authorities
3. Reduced Risk of
Reclassification and Litigation
Without a formal declaration, accommodation
services are vulnerable to post-facto reclassification, leading to:
- Differential
tax demands
- Interest
and penalty exposure
Specified premises status narrows the scope for
subjective interpretation, thereby reducing litigation risk.
4. Business and Pricing Stability
Once exercised, the option:
- Continues
for subsequent financial years
- Requires
no annual reassessment unless an opt-out is filed
This enables:
- Stable
pricing policies
- Long-term
corporate contracts
- Avoidance
of mid-year GST surprises
5. Premise-Wise Flexibility for Multi-Property
Operators
For hotel groups and entities with multiple
properties:
- Declarations
are premise-specific, not entity-wide
- Each
premise receives a separate reference number
- Classification
of one property does not impact others
This ensures clean segregation and clarity.
6. Enhanced Credibility with Corporate Clients and
OTAs
Many corporate clients and travel aggregators
insist on:
- Correct
GST invoicing
- Rate
certainty
- Clean
compliance history
Specified premises declaration improves:
- Trust
- Onboarding
efficiency
- Reduction
in invoice disputes
7. Alignment with GST’s Digital Compliance
Direction
The shift from manual to online declarations
reflects a clear policy direction:
If it is not on the portal, it effectively does not
exist.
Early alignment with portal-based declarations
helps taxpayers stay prepared for:
- Data-driven
scrutiny
- Automated
notices
- System-based
compliance checks
What Declaring Specified Premises Does Not
Do
For clarity:
- It
does not automatically reduce GST liability
- It
does not grant exemptions or concessions
- It
does not override tariff-based rate rules
Its value lies in certainty, defensibility, and
risk management, not tax arbitrage.
Conclusion
Declaring “Specified Premises” under GST is no
longer a mere procedural formality. It is a strategic compliance decision
for hospitality businesses, particularly those operating in higher tariff
segments.
With the online facility now available, taxpayers
have an opportunity to:
- Lock
in classification
- Strengthen
audit defence
- Minimise
future disputes
In a tax regime where disputes often arise from interpretational
ambiguity rather than evasion, a clear, system-backed declaration today can
prevent years of avoidable litigation tomorrow.
In GST, what you formally declare matters as much
as what you earn.