The liability to pay tax by the recipient of Supply of Goods or services or both Instead of the Supplier of Such goods or services GST Reg under RCM • All persons who are required to pay tax under reverse charge have to register for GST irrespective of the threshold Limit. Aggregate Turnover Registration Applicability Required Earlier Limits – For the sale of Goods/Providing Services Exceeds Rs.20 lakh Yes – For Normal Up to 31st March Category States 2019 Exceeds Rs.10 lakh Yes – For Special Up to 31st March Category States 2019 New Limits – For Sale of Goods only. Exceeds Rs.40 lakh Yes – For Normal From 1st April 2019 Category States Exceeds Rs.20 lakh Yes – For Special From 1st April 2019 Category States Situations Where The Reverse Charge Will Apply • CBEC has notified Services on which RCM is applicable • Service through an E-commerce Operator • Unreg dealer selling to a Reg Dealer(Govt will notify class of Persons and category of services on which RCM is applicable under this category)- Till date only 1 service has been notified i.e. Security Service Provided by any person other than Body corporate to a reg person located in Taxable Territory w.e.f. 01.01.2019 Time Of Supply For Goods Under Reverse Charge(Chapter IV) ( Time and Value of Supply Section 12) • In case of reverse charge, the time of supply shall be the earliest of the following dates -: • (a) the date of receipt of goods OR • (b) the date of payment OR • (c) the date immediately after THIRTY days from the date of issue of invoice by the supplier (60 days for services) • If it is not possible to determine the time of supply under (a), (b) or (c), the time of supply shall be the date of entry in the books of account of the recipient Time Of Supply For Goods Under Reverse Charge Example: • 1.Date of receipt of goods 15th May 2018 • 2.Date of payment 15th July 2018 • 3.Date of invoice 1st June 2018 • 4.Date of entry in books of receiver 18th May 2018 • Time of supply of goods 15th May 2018 • If for some reason time of supply could not be determined supply under (1), (2) or (3) then it would be 18th May 2018 i.e., date of entry Time Of Supply For Goods Under Reverse Charge Date of Receipt Date of Date of Payment Time of Supply of Explanation of Goods Invoice Goods 29th July 18 5th Aug 2018 10th Nov 2018 29th July 2018 The date of receipt of goods, in this case, is earlier than the date of payment and 30 days from the date of invoice. Hence, the time of supply will be 29th July, 2018. 15th Aug 2018 25th Aug 2018 30th July 2018 30th July 2018 The date of payment is earlier than the date of receipt of goods and 30 days from date of invoice. Hence, the time of supply will be 30th July, 2018. 10th Aug 2018 1st July 2018 15th August 2017 31st July 2018 In this case, 30 days from date of invoice is earlier than the date of receipt of goods and the date of payment. Hence, the time of supply will be 31st July, 2018 Time of supply for services under reverse charge • In case of reverse charge, the time of supply shall be the earliest of the following dates :- • (a) The date of payment OR • (b) The date immediately after SIXTY days from the date of issue of invoice by the supplier (30 days for goods) • If it is not possible to determine the time of supply under (a) or (b), the time of supply shall be the date of entry in the books of account of the receiver of service. list of Major services on which reverse charge is applicable(100% Liability is of Service Receiver) Sr.No. Nature of Service Service Provider Service Receiver
Casual Taxable person, body corporate, partnership
1 Goods Transport Agency Service Goods Transport Agency firm, any society, factory, any person registered under CGST, SGST, UTGST Act.
Services supplied by Director of a A director of a company or a body corporate(E.g.
2 A director of a company or a body corporate Company Sitting Fees)
3 Legal Consultancy Services An individual advocate or firm of advocates An individual advocate or firm of advocates
Services Supplied by an Arbitral
4 An arbitral tribunal Any business entity. tribunal to a business entity
Taxi driver or Rent a cab operator ( if service
5 Rent a Cab Service provided by e-commerce operator e.g. OLA, Any person - E-commerce Operator UBER) list of services on which reverse charge is applicable Sr.No. Nature of Service Service Provider Service Receiver
Any person providing Anybody corporate or partnership
6 Sponsorship services sponsorship services firm Services provided by way of renting of Motor vehicle 7 Rent a Cab Service Importer provided to a body corporate(w.e.f. 01.10.19) Supply of Services by Author or music composer, Author or music photographer, artist, etc ( 8 composer, Publisher, Music company, Producer Transfer or permitting the use photographer, artist, or enjoyment of a copyright) etc Reverse charge on Import of Goods and Services
• any service supplied by any person who is located in a non-taxable
territory to any person other than non-taxable online recipient” • IGST payable under RCM in case of Import of Goods/ services and the payment is to be made in cash, credit to the extent of IGST paid in cash to be utilized in the same month. Tax Invoice and Input Tax Credit • The supplier has to mention in his tax invoice that the tax is payable on reverse charge • The service recipient can avail Input Tax credit on the Tax amount that is paid under reverse charge on goods and services. • Reverse charge has to be paid in cash first and then it can be utilized for payment of taxes . • Self Invoice to be issued in case of supply of services by unreg dealer to reg dealer for availment of credit under RCM. Any Questions??