What is Reverse Charge Mechanism (RCM)?
Under the normal GST system, the supplier of goods or services is responsible for collecting and paying GST to the government. This is known as the Forward Charge Mechanism (FCM).
However, in certain specified cases, the liability to pay GST shifts from the supplier to the recipient of goods or services. This is called the Reverse Charge Mechanism (RCM).
In simple words RCM, the recipient pays GST directly to the government instead of the supplier.
Why Does Reverse Charge Mechanism Exist?
- The answer lies in tax administration and revenue protection.
- Import of services from foreign suppliers.
- Foreign supplier is outside India and beyond the direct tax control of Indian authorities.
- Insurance Agents
- Direct Selling Agents (DSA)
- Business Correspondents
Important Accounting Treatment under RCM
- Payment of GST under RCM
- Claim of ITC on the same GST amount
Basic Condition for Applicability of RCM
- The recipient must be located in the taxable territory (India).
Major Services Covered Under Section 9(3) of CGST Act.
- Supplier: Goods Transport Agency
- Recipient: Specified recipients such as:
- Factory
- Society
- Co-operative Society
- Registered Person
- Body Corporate
- Partnership Firm
- Casual Taxable Person
- Tax Liability: Recipient pays GST under RCM.
- Special Option: GTA may voluntarily opt to pay GST under FCM.
- 5% without ITC
- 12% with ITC
- Individual Advocate
- Senior Advocate
- Firm of Advocates
- Recipient - Business entities above threshold turnover limits.
- Liability - Recipient liable under RCM.
- Supplier - Event Organizer
- Recipient
- Body Corporate
- Partnership Firm
- Liability - Recipient pays GST under RCM.
- Exemption - Sponsorship of sporting events.
|
Transaction |
GST |
|
B2C |
Exempt |
|
B2B |
Taxable under RCM |
|
Transaction |
GST Treatment |
|
B2C |
Supplier pays GST |
|
B2B |
Recipient pays GST under RCM |
- Supplier - Director
- Recipient - Company or Body Corporate
- Liability - Company pays GST under RCM.
7. Insurance Agent Services
- Supplier - Insurance Agent
- Recipient - Insurance Company
- Liability - Insurance Company pays GST under RCM.
8. Recovery Agent Services
- Supplier - Recovery Agent
- Recipient
- Bank
- Financial Institution
- NBFC
- Liability - Recipient pays GST under RCM.
9. Copyright Services
- Music Composer, Artist, Photographer
- Recipient:
- Music Company
- Producer
GST payable by recipient under RCM.
10. Author Services
- Supplier - Author
- Recipient - Publisher
- Liability - Publisher pays GST under RCM.
Exception
If the author:
- Takes GST
registration, and
- Files prescribed
declaration,
then GST can be paid under FCM by the
author.
11. RBI Overseeing Committee Members
- Recipient: Reserve Bank of India (RBI)
- Liability: RBI pays GST under RCM.
12. Direct Selling Agents (DSA)
- Recipient
- Bank
- NBFC
- Liability - Recipient pays GST under RCM.
13. Business Facilitator (BF)
Services provided to banking companies are
taxable under RCM.
Exemption - Services provided to rural branches.
14. Business Correspondent (BC)
- Recipient: Business Correspondent
- GST payable under RCM.
- Exemption: Services provided to rural branches.
15. Security Services
- Supplier - Non-corporate Security Service Provider
- Recipient - Registered Person
- Liability - Recipient pays GST under RCM.
Not Applicable When Supplier Is:
- Body Corporate
- Government
Department
- Local Authority
- Government Agency
- Composition Dealer
16. Renting of Passenger Motor Vehicle
- Supplier - Non-corporate supplier
- Recipient - Company
- Liability - Recipient pays GST under RCM.
Generally applicable where supplier
charges GST at 5% without full ITC.
17. Lending of Securities
- Supplier - Lender
- Recipient - Borrower
- Liability - Borrower pays GST under RCM.
Import of Services Under IGST(Notification No. 10/2017)
- Supplier - Person located outside India
- Recipient - Person located in India
- Liability - Recipient pays GST under RCM.
Special Case: Services Received Free of Cost from Related Person
- Personal services received by individuals
- Specified services received by Government
- Certain charitable and trust-related services
Reverse Charge Under Section 9(4)
- Recipient - Promoter
- Liability - Promoter pays GST under RCM.
- Recipient - Promoter
- Liability - Promoter pays GST under RCM.
- Up to 20% Procurement, No GST under RCM.
- Beyond 20% , GST payable by promoter under RCM.
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