GST-Reverse-Charge-Transactions

GST Reverse Charge Transactions

GST Reverse Charge Transactions

GST reverse charge mechanism, (RCM) as the name suggests, means the liability of tax is with the recipient of goods or services, rather than the supplier. GST is applicable on reverse charge basis for certain transactions specified by the Government. In this article, we look at some of the transactions for which GST reverse charge is applicable.

Note: In the 23rd GST Council Meeting, certain provisions relating to reverse charge mechanism (RCM)have been temporarily suspended.

Also, taxes paid by the recipient for the inward supply of goods would not be added to the turnover of the recipient but would be added to the turnover of the supplier.

Goods for Which Reverse Charge is Applicable

For the following goods, supplied by the category of people mentioned below, the recipient will be liable for paying GST on RCM basis:

S.NoGoods TypeSupplierLiable Recipient
1Cashew nuts, not shelled or peeledAgriculturistAny registered person
2Bidi wrapper leaves(tendu)AgriculturistAny registered person
3Tobacco leavesAgriculturistAny registered person
4Silk yarnAny person who manufactures silk yarn from raw silk or silkworm cocoons for the supply of silk yarnAny registered person
5Supply of lotteryState Government, Union Territory or any local authorityLottery distributor or selling agent

Note: In the case of composition dealers registered under the composition scheme, GST must be paid on reverse charge basis for all purchases from an unregistered dealer.

Services for Which RCM is Applicable

S. NoServices TypeSupplierLiable Recipient
1Supply of services by a Goods Transport Agency(GTA)Goods Transport Agency(GTA)
  • Any factory registered under or governed by the Factories Act, 1948
  • Any society registered under the Societies Registration Act, 1860 or under any law for the time being in force in any part of India
  • Any Co-operative society established by or under any law
  • Any person registered under any of the Acts such as CGST, IGST, SGST/UGST
  • Any body corporate established by/under any law
  • Any partnership firm whether registered or not under any law including association of persons
  • Any casual taxable person located in the taxable territory

 

2Services supplied by any individual advocate by way of representational services before any court, tribunal or authority, directly or indirectly, to any business entity located in the taxable territory, to any legal entity, including where the contract has been signed through another advocate or a firm of advocatesAn individual advocate including a senior advocate, or firm of advocatesAny business entity located in the taxable territory
3Services supplied by an arbitrary tribunal to a business entityAn arbitrary tribunalAny business entity located in the taxable territory
4Services provided by way of sponsorship to any body corporate or partnership firmAny personAny body corporate or partnership firm located in the taxable territory
5Services supplied by the Central Government, State Government, Union Territory or local authority,Central Government, State Government, Union territory or local authority

Any business entity located in the taxable territory,

except;

  • Removing of immovable property
  • Services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Central Government, State Government/Union territory and local authority
  • Services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport
  • Transport of goods or passengers
6Services supplied by a director of a company or a body corporateA director of a company or a body corporateThe company or a body corporate located in the taxable territory
7Services supplied by an insurance agentAn insurance agentAny person pursuing an insurance business, located in the taxable territory
8Services supplied by a recovery agentA recovery agentA banking company or a financial institution or a non-banking company, located in the taxable territory
9Supply of services by an author, music composer, photographer, or the like, by way of transfer of copyright, relating to original literary, dramatic, musical or artistic worksAuthor, music composer, photographer, artist, or the likePublisher, music company, producer or the like, located in the taxable territory

 

Click here for Temporary GST Registration, GST for Non-Resident Taxable Persons

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Post by Sreeram Viswanath

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