The document discusses the reverse charge mechanism under GST. Under reverse charge, the recipient of goods or services is responsible for paying the GST instead of the supplier. It applies in certain situations like supplies from unregistered dealers, e-commerce operators, and specified goods/services. The recipient must self-invoice, pay GST directly to authorities, and can claim input tax credit subject to certain conditions. The time of supply also differs for goods and services under reverse charge.
The document discusses the reverse charge mechanism under GST. Under reverse charge, the recipient of goods or services is responsible for paying the GST instead of the supplier. It applies in certain situations like supplies from unregistered dealers, e-commerce operators, and specified goods/services. The recipient must self-invoice, pay GST directly to authorities, and can claim input tax credit subject to certain conditions. The time of supply also differs for goods and services under reverse charge.
The document discusses the reverse charge mechanism under GST. Under reverse charge, the recipient of goods or services is responsible for paying the GST instead of the supplier. It applies in certain situations like supplies from unregistered dealers, e-commerce operators, and specified goods/services. The recipient must self-invoice, pay GST directly to authorities, and can claim input tax credit subject to certain conditions. The time of supply also differs for goods and services under reverse charge.
The document discusses the reverse charge mechanism under GST. Under reverse charge, the recipient of goods or services is responsible for paying the GST instead of the supplier. It applies in certain situations like supplies from unregistered dealers, e-commerce operators, and specified goods/services. The recipient must self-invoice, pay GST directly to authorities, and can claim input tax credit subject to certain conditions. The time of supply also differs for goods and services under reverse charge.
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• Normally, suppliers of goods or services collect GST
from the receivers and deposit it with the tax
authorities. • But under the reverse charge mechanism, receivers of goods or services pay the tax instead of suppliers. • Thus, if you are a recipient of goods or services under reverse charge, you must remit only the purchase payments to suppliers. As for GST, you as a recipient must deposit the tax directly with the tax authorities. • This tax collection mechanism is aimed at reducing tax evasion, particularly from the unorganized sectors. When is Reverse Charge Applicable? A. Supply from an Unregistered dealer to a Registered dealer • If a vendor who is not registered under GST, supplies goods to a person who is registered under GST, then Reverse Charge would apply. • This means that the GST will have to be paid directly by the receiver, who is a registered dealer to the Government instead of the supplier. • The registered dealer who has to pay GST under reverse charge has to do self-invoicing for the purchases made. • For Inter-state purchases the buyer has to pay IGST. For Intra-state purchased CGST and SGST has to be paid under RCM by the purchaser. B. Services through an e-commerce operator • If an e-commerce operator supplies services then reverse charge will be applicable to the e-commerce operator. He will be liable to pay GST. • If the e-commerce operator does not have a physical presence in the taxable territory, then a person representing such electronic commerce operator for any purpose will be liable to pay tax. If there is no representative, the operator will appoint a representative who will be held liable to pay GST. • For example, UrbanClap provides services of plumbers, electricians, teachers, beauticians etc. UrbanClap is liable to pay GST and collect it from the customers instead of the registered service providers. • In case of transport service provided by taxi aggregator OLA, OLA is liable to pay the GST. OLA will collect tax from passengers instead of the registered service providers. • C. Supply of certain goods and services specified by CBIC • CBIC has issued a list of goods and a list of services on which reverse charge is applicable. • If you are purchasing goods/services which are specified by the CBIC under reverse charge, you as a recipient must pay GST. These include: (i) goods transport services, (ii) insurance agencies, (iii) recovery agencies, (iv) legal services, (v) transportation services for imported goods etc. What is Self Invoicing? • Self-invoicing is to be done when a business owner had purchased from an unregistered supplier and such purchase of goods or services falls under reverse charge. • This is due to the fact that the supplier cannot issue a GST-compliant invoice to the purchaser, and thus the purchaser becomes liable to pay taxes on their behalf. Hence, self-invoicing, in this case, becomes necessary. Time Of Supply Under Reverse Charge Mechanism Tax for goods under the reverse charge mechanism should be paid on the earliest of the below dates: – The Date on which the goods are received – Date of payment as entered in the books of accounts of the recipient or the date on which the payment is debited in his account, whichever is earlier – Date immediately following 30 days from the date of issuing the invoice by the supplier or any other legal document in lieu of invoice by the supplier. • Where it is not possible to determine the time of supply, under the above mentioned cases, the time of supply shall be the date of entry in the books of accounts of the recipient of supply. Tax for services under the reverse charge mechanism should be paid on the earliest of the below dates: – Date of payment as entered in the books of accounts of the recipient or the date on which the payment is debited in his account, whichever is earlier – Date immediately following 60 days from the date of issuing the invoice by the supplier or any other legal document in lieu of invoice by the supplier • Where it is not possible to determine the time of supply, under the above mentioned cases, the time of supply shall be the date of entry in the books of accounts of the recipient of supply. Illustration 1: for goods • Date of receipt of goods 15th May 2017 • Date of invoice 1st June 2017 • Date of entry in books of receiver 18th May 2017 The Time of supply of goods, in this case, will be 15th May 2017 • Illustration 2:for goods • Date of receipt of goods 15th June 2017 • Date of entry in books of receiver 18th May 2017 • The Time of supply of goods, in this case, will be 18th May 2017. Illustration 3: for services • Date of payment 15th July 2017 • Date immediately after 60 days from the date of issue of invoice (Suppose the date of invoice is 15th May 2017, then 60 days from this date will be 14th July 2017) • Date of entry in books of receiver 18th July 2017 The Time of supply of service, in this case, will be 14th July 2017. ITC Under Reverse Charge • Input tax credit can be claimed by the buyer if the purchase by a registered person is from an unregistered dealer, which has incurred the Reverse Charge. • However, it can be claimed only if such goods/services are used or will be used for the purpose of business only. • Also, a supplier cannot claim ITC on the tax paid on goods/services that were used to make supplies that incur reverse charge, on which recipient is liable to pay tax. • A person who is required to pay tax under reverse charge has to compulsorily register under GST. • Also, the threshold limit of Rs. 40 lakhs (Rs. 20 lakhs for special category states) is not applicable to them. • Requirements under the reverse charge mechanism • The recipient of goods/services must be registered under GST. • Every registered business owner should maintain accurate records of supplies that would incur reverse charge. • Wherever reverse charge applies, the supplier must clearly mention on the invoice that the tax payable for that specific transaction is through reverse charge. Similarly, the same should be mentioned on receipt vouchers and refunds vouchers. • Advance paid on supplies that incur reverse charge is taxable under GST. The taxpayer making advance payment should pay tax on reverse charge basis. Exemptions under reverse charge • A registered business owner is exempted from paying GST through reverse charge on intra-state purchases from unregistered sellers, as long as the total value of the supply received per day is less than or equal to Rs.5,000/-. • From notification on 13th October 2017, this exemption was replaced that the entire purchase was exempted under CST subject the listed goods • If the supply involves exempted goods/services RCM will not be applicable. Payment under RCM Any liability arises under RCM need to be paid only in cash, i.e through Cash ledger. ITC cannot be used to pay outward liability under RCM.
Examples: • A registered person hires an auto rickshaw for commuting from one place to another. This section will not apply as the transportation of passenger by auto rickshaw is exempted from GST. • A registered person stays in a budget hotel whose tariff is Rs. 800 per day. Is GST applicable on RCM? Since the room tariff is less than ₹1,000 it is exempted from GST. The question of RCM does not arise. Compliances in respect of supplies under reverse charge mechanism: • As per section 31 of the CGST Act, 2017 read with Rule 46 of the CGST Rules, 2017, every tax invoice has to mention whether the tax in respect of supply in the invoice is payable on reverse charge. • Similarly, this also needs to be mentioned in receipt voucher as well as refund voucher, if tax is payable on reverse charge. • Maintenance of accounts by registered persons: Every registered person is required to keep and maintain records of all supplies attracting payment of tax on reverse charge General information to know on New Provisions • With the introduction of the new provisions, the scope of section 9 (4) of the CGST Act, 2017 has been restricted. From now, only on the specified categories of a taxable supply of goods or services or both from the unregistered person and by only the specified category of a registered person shall be liable to pay the tax on a reverse charge basis. • As per the new provisions, instead of coverage of all the registered person, now, the Government shall specify the class of the registered person who shall be liable to pay tax under reverse charge basis; • As per the new provisions, instead of coverage of all the taxable supply of goods or services or both, the Government shall specify categories of goods or services or both on which reverse charge provisions are applicable when such goods or services or both is received from the unregistered person. • After the introduction of the new provisions of section 9(4) till now, the Government has neither specified the class of registered person to whom the provisions are applicable nor has provided the specified categories of a taxable supply of goods or services or both.