Circular No - 140/10/2020 - GST dated 10 th June 2020 clarifying GST applicability under RCM on Director's Remuneration Now to put an end to all the doubts and confusion over applicability of GST on services supplied by directors to companies, the Government has issued Circular No - 140/10/2020 - GST dated 10th June 2020 (Circular) Therefore, in terms of entry No. 6 of N/No. 13/2017-Central Tax (Rate), recipient of the service, i.e., company, is liable to pay GST on such remuneration under RCM. 6.2 Remuneration of Whole time director and Managing Directors would not be charged to GST under RCM (Employee of company GST registration is mandatory for the recipient company to pay tax on RCM basis, regardless of its turnover size. Nature of Transaction for Applicability of GST on Directors Remuneration The applicability of IGST, CGST and SGST that is liable on reverse charge services depends on the place of supply for such services & the place of the supplier. Rate of GST applicable on director remuneration / services: Director Services are exigible to GST rate of 18%. Thus in case of intra-State supply, CGST @ 9% and SGST @ 9% will be applicable. On the other hand IGST @ 18% will be applicable on inter-State supply
All the services delivered by the company's non-executive director are subject to goods and service tax and would fall under RCM of GST. Applicability of GST on the total amount of director's remuneration will be at the rate of 18%. Applicability of GST on Director's Remuneration (Executive Director Applicability of RCM on Director Remuneration: As per Entry 6 of Notification 13/2017 dated June 28, 2017 provides for RCM implications on the services rendered by the director of a company or body corporate to the said company or body corporate thereby creating an onus on the company to pay taxes under RCM on the said services supplied by directors
b) Whether RCM is applicable on remuneration paid to the Directors? The remuneration paid to the Director of the applicant company is liable to tax under reverse charge mechanism under sub-section (3) of section 9 in the hands of the applicant company as it is covered under entry no. 6 of Notification No. 13/2017-Central Tax (Rate) dated 28. No RCM is not applicable if TDS have been deducted on the remuneration paid to the director u/s 192 as salary. Employer employee relationship can be established. If it is paid as fees then GST will apply. 7 view Director remuneration paid to directors shall be liable to tax @ 18% under reverse charge u/s 9 (3). Thus, All the companies, irrespective of level of activity or the aggregate turnover, shall have to take registration compulsory u/s 24 (iii)
On Cement purchases from unregistered supplier , the promoter will be required to pay GST @ 28% i.e. currently applicable rate on Cement. c. RCM on Purchase of Capital goods: Notification No. 07/2019- Central Tax (Rate) dated 29.03.2019 prescribes RCM will be applicable on following supply from an unregistered supplier Reverse charge on directors' remuneration - is this a new provision? in both cases it may be argued that the essential philosophy of RCM is to shift the tax obligation but the tax incidence is still on the supply and the tax needs to be paid in the state where supply takes place, thereupon which it would land up in the hands of. Further, in terms of Entry No. 6 of the Notification No. 13/2017-Central Tax (Rate) dated June 28, 2017 ('RCM Notification'), supply of services by directors to companies or body corporates shall attract reverse charge mechanism ('RCM') wherein the recipient located in taxable territory shall pay GST at applicable rates under RCM.
Know all about RCM applicability under GST on Directors Services Introduction Generally under GST provisions, the liability of pay tax rests on supplier. However, in certain cases the liability to pay GST to the government falls on the recipient. This is known as reverse charge mechanism which is covered under Notification No. 13/2017- Central Tax.. The Hon'ble AAR ruled that GST is applicable to the director's remuneration under RCM merely based on the reasoning that the director is not an employee of the company and hence, it does not fall under Entry No. 1 of Schedule III of CGST Act, 2017 But under reverse charge mechanism (RCM), liability to pay tax moves from supplier to recipient. As per entry 6 of notification No. 13/2017 Central Tax (rate) dated 28.06.2017 issued under section 9 (3) of the CGST act 2017, the remuneration paid to the directors by the company will attract GST under the reverse charge mechanism It is a part of schedule III. No GST liability. But if the TDS is deducted in 194J, It is covered under RCM. Following is the text of circular to clarify GST on Directors Remuneration. Circular No: 140/10/2020 - GST. New Delhi, dated the 10th June 2020. Subject: Clarification in respect of levy of GST on the Director's remuneration - Reg
The company (as a recipient of such services) is required to discharge GST on a reverse charge basis in such cases as per Notification No. 13/2017- Central Tax (Rate) dated 28 June 2017. In case a director is a 'whole time director' and is also engaged in the capacity of an employee, then such person may be entitled to remuneration in a dual. Even we can issue both the form to same person. In case of salary or remuneration form 16 will be issued in any other case form 16A will be issued to the directors. If it is a salary , there will be no gst, otherwise there will be gst. Check under which act TDs is deducted, 194 or 192. Remuneration is wider term Services supplied by a director of a company or a body corporate to the said company or the body corporate is covered under RCM but we should note that the transaction of Services by an employee to the employer in the course of or in relation to h..
Remuneration to director attracts GST under RCM. Hi- LLP setup in January 2017. It has 3 directors registered in MCA . There is no employee in LLP. All 3 directors works for LLP. They don't get salary. At year end they get only share of LLP profits. They do not pay any GST on it Further if the applicant receives the remuneration as a Non-Executive Director, such remuneration is liable to tax under reverse charge mechanism under section 9 (3) of the CGST Act 2017, in the hands of the company, under entry no. 6 of Notification No. 13/2017-Central Tax (Rate) dated 28.06.2017. Thus, the value of the said services of the. The applicability of GST on Directors' remuneration became debatable and confusion multiplied due to contradictory advance rulings on the issue. In a bid to bring clarity on the issue, the CBIC has issued Circular No. 140/10/2020 - GST dated June 10, 2020 clarifying the conundrum
Previously, in various Advance ruling we had seen that directors salary was made liable to GST considering it as remuneration paid to director for service and company was asked to pay GST on same under RCM.. There was no distinction made between executive and non-executive director which created a lot of questions in the mind of assessee and now finally CBIC vide circular 140/10/2020 has. The company (as a recipient of such services) is required to discharge GST on a reverse charge basis in such cases as per Notification No. 13/2017- Central Tax (Rate) dated 28 June 2017. In case a. Applicability of RCM on Director Remuneration -Version 3. There has been a big controversy regarding the liability of GST on Directors Remuneration under Reverse Charge. Various conflicting Advance Rulings has been issued by Authority for Advance. In Re: M/s I am from Kerala and my enterprise is registered under GST. I bought some material for trading from Vadodara. It was transported through the GTA namely ARC..Inthe GC, it is mentioned that I must pay GST under RCM. I understand that the GST rate payable is 5%IGST if I don't want to avail ITC. Otherwise, pay full IGST @12% and avail full ITC
A supplier cannot take ITC of GST paid on goods or services used to make supplies on which recipient is liable to pay tax. Time of Supply The Time of supply is the point when the supply is liable to GST. One of the factor relevant for determining time of supply is the person who is liable to pay tax. In reverse charge, recipient is liable to. 1. Remuneration paid to whole time/executive/managing director in the capacity of employee is not taxable under GST. 2. Sitting fees/ Commission paid in the capacity of director (independent directors, whole time director, executive director, managing director) is be liable to GST under RCM. at June 12, 2020 company will attract GST under RCM in the hands of the company April 10, 2020 In brief (AAR) in the State of Rajasthan has ruled1 that consideration paid to the directors (in the form of salary and commission) by the applicant company will attract goods and services tax (GST) under reverse charge mechanism (RCM). (Rate) dated 28 June.
online portal for tax news, update, judgment, article, circular, income tax, gst, notification Simplifying the tax and tax laws is the main motto of the team tax talk, solving This is an online news portal for tax news, updates, articles, judgments, Circulars, Notification and orders with regards to Indian Taxation Laws The circular provides as follows. 1.Remuneration to Independent Director would be charged to GST under RCM i.e. i.e., company, is liable to pay GST on remuneration to independent director under RCM. 2.Remuneration to Whole time director and Managing Directors would not be charged to GST. Payment made to directors, which is declared as Salary.
directors defined in terms of section 149(6) of the Companies Act, 2013 or those directors who are not the employees of the said company; and (ii) leviability of GST on remuneration paid by companies to the whole-time directors including managing director who are employees of the said company. 3 If the Remuneration of the said director is subject to TDS under the section of 194J of IT Act, then the services provided by the said director are covered under entry 6 of notification No. 13/2017 - Central Tax (Rate) dated 28.06.2017 and liable for GST under RCM The Central Board of Indirect Taxes and Customs (CBIC) on Wednesday clarified that remuneration to directors — whatever name they are referred to as (independent directors or whole time directors) — would attract goods and services tax (GST) in case they are not employees of the concerned companies.GST will be imposed on them on a reverse charge mechanism (RCM) In light of the aforesaid legal provisions, the moot question that arises here is whether the remuneration paid to the directors is a consideration for supply of service and hence liable to GST on RCM basis or is it covered under Clause(1) of the Schedule III ibid. In Re: M/s The applicant desires to know whether the GST on Director Remuneration shall be payable by the Company under RCM as per Notification Notification 13/2017 Central Tax Rate. Question raised by the Applicant. Whether the GST is payable under RCM on Salary paid to Director of the Company as per contract
GST laws have created many confusions which lead to controversies later. Directors remuneration was one of the non controversial subjects in the taxation regime. Two recent advance ruling made by two states like, Rajasthan and Karnataka created lot of confusion with regard to director remuneration and applicability of GST in such remuneration Promoter shall pay tax under RCM at the applicable GST Rate. At present GST Rate of Tax for cement is 28%. This tax will be paid under RCM in the same month of purchase. 7.4 Promoter is also liable to pay GST under reverse charge on Capital goods received from unregistered person for construction of a project. 8 Notification No. 13/2017- Central Tax (Rate) dated 28-6-2017 has given the distinct identity to the services provided by the Director and specifically included in the category of service on which GST will be payable under RCM Salary paid by the Applicant for employer-employee relationship with Directors was clearly outside the purview of GST law vide Entry 1 to Schedule III appended to the CGST Act. Under Service Tax law as well, services received by a Company from its Directors were subject to Service Tax under RCM List of services under RCM in GST. Following is the list of services where the recipient of services shall be liable to pay GST under reverse charge:-. Notification No. 22/2017- CT (Rate) w.e.f. 22.08.2017 - If GTA opts to charge GST in his invoice and pays GST @ 12%, the recipient is not liable to pay GST under RCM
Concerning the GST Council Notification No. 13/2017- Central Tax (Rate) dated 28th June 2017 & Entry No. 7 of Notification No. 10/2017- Integrated Tax (Rate) dated 28th June, 2017, remuneration paid if any to any director of any company for the services discharged by him/her to the company shall be liable to be charged under GST on a reverse. New Delhi: Companies will have to pay GST on the remuneration they dole out to directors, the Authority for Advance Ruling has said. In an application filed before the Rajasthan bench of the AAR, Clay Craft India Pvt Ltd had sought clarification on whether salaries paid to directors would attract Goods and Services Tax. The company said its directors are working as employees for which they are. In this GST would be payable under RCM. Ruling: The applicant receives the remuneration as a Non-Executive Director, such remuneration is liable to tax under reverse charge mechanism under section 9(3) of the CGST Act 2017 in the hands of the company. Thus, the value of the said services of the applicant being a Non-Executive Director are. 473. Companies will have to pay GST on the remuneration they dole out to directors, the Authority for Advance Ruling (AAR) has said. In an application filed before the Rajasthan bench of the AAR, Clay Craft India Pvt Ltd had sought clarification on whether salaries paid to directors would attract Goods and Services Tax The Hon'ble AAR in the present case has held that the salary paid by the Applicant to its Directors is liable to GST under reverse charge mechanism (RCM) as per Section 9 (3) of the CGST Act read with Sr. No. 6 of the Notification 13/2017-Central Tax (Rate) dated 28 June 2017. In the present ruling, the Applicant has clearly mentioned in his.
Directors remuneration to attract GST. download. 09-Apr-2020. Recently, the Rajasthan Advance Ruling Authority (AAR) in the case of M/s Clay Craft India Private Limited [2020 (4) TMI 228] has held that remuneration paid to Directors would attract Goods and Services Tax (GST). The issues for consideration before the AAR were Rajasthan AAR: Remuneration Paid to Directors to attract GST on RCM Basis. Brief: Companies will have to pay GST on the remuneration they dole out to directors, the Authority for Advance Ruling (AAR) has said. In an application filed before the Rajasthan bench of the AAR, Clay Craft India Pvt. Ltd had sought clarification on whether salaries. Companies will have to pay GST on the remuneration they dole out to directors, the Authority for Advance Ruling (AAR) has said. In an application filed before the Rajasthan bench of the AAR, Clay Craft India Pvt Ltd had sought clarification on whether salaries paid to directors would attract Goods and Services Tax
If any tax, interest or penalty is due from a Company and the amount cannot be recovered from the company, the Director(s) of the private limited company would be held, jointly and severally, liable for the payment of GST. If the Director(s) can p.. The Rajasthan Appellate Authority on Advance Ruling (AAR) in a recent matter said that a company is responsible to pay GST on the payment (remunerations) paid to Independent Directors on a reverse charge basis.. It also clarified that Part of a director's remuneration which is mentioned in the books of a company as 'salary' and subject to TDS under section 192 of the IT Act is not. New Delhi, Apr 7 (PTI) Companies will have to pay GST on the remuneration they dole out to directors, the Authority for Advance Ruling (AAR) has said GST on Director Remuneration and Partner Salary. AAR Karnataka Ruling on Director Salary considering it as employee employer relation and out GST purview. GST shall be payable on such supply under RCM by the company in terms of Notification 13/2017 Central Tax Rate. The Salary of Executive Director shall not be included in aggregate. Whether the situation would differ in case the Director is also a part time Director in another company. Deciding the issue, the AAR held that the consideration paid to the Directors by the company will attract GST under RCM as it is covered under Entry 6 of Notification No 13/2017 - Central Tax (Rate) dated 28 June 2017 (RCM Notification)
GST reverse charge on Director Remuneration director and specifically included in the category of service on which GST will be payable under RCM. _____ Analysis of the charging section The charging section 9 of the Central Goods & Services Tax Act, 2017 ('theCGST Act') Rate Collection Time of supply Payment Forwar SL. No. 6 of the Table annexed to notification No. 13/2017-Central Tax (Rate) dated 28.06.2017, the recipient of the said service i.e. the Company, is liable to discharge the applicable GST on it on reverse charge basis. Leviability of GST on remuneration paid by the company to the directors who are working as an employee in the company
.Ltd.- 2020 (4)TMI 228 - AAR Rajasthan - Whether GST is payable under Reverse Charge Mechanism (RCM) on the salary paid to Director of the company who is paid salary as per contract? - The consideration paid to the Directors is against the supply of services provided by them to the applicant company and are not covered under clause (1. CBIC (Central Board of Indirect Taxes and Customs), Government of India, Ministry of Finance, Department of Revenue, GST Policy Wing vide Circular No: 140/10/2020 - GST, File No. CBEC-20/10/05/2020 -GST dated 10th June, 2020 has finally came out with Clarification in respect of levy of GST on Director's remuneration
. In order to ensure uniformity in the implementation of the provisions of the law across the field formations, the Board, in exercise of its powers conferred under section 168(1) of the CGST Act. CBIC vide Circular No. 140/10/2020-GST issued clarification in respect of levy of GST on director remuneration. CBIC has examined the subject matter in two category which is: Leviability of GST on remuneration paid by companies to the independent directors or those directors who are not the employee of the said company The primary issue to be decided is whether or not a Director is an. Clarification on Levy of GST on Director's Remuneration. Ask Query . LOGIN TO YOUR EXPERTMILE ACCOUNT AND GET PERSONALIZED VIE GST on Director's Remuneration April 18, 2020  116 taxmann.com 182 (Article) S h u c h i S e t h i CA Recently, in an order passed by AAR, Rajasthan on 05-02-2020, in case of M/s Clay Craft India Pvt. Ltd. it has been held that GST under RCM is applicable on consideration pa id to Director of the company. CBIC has recently issued two clarifications under section 168(1) of the CGST Act, for their GST officers, to have uniformity amongst them while implementing the Law. The gist of the circulars has been given below: GST liability under RCM, on Director's Remuneration GST shall be payable under RCM on remuneration paid/payable to an Independent Director [
Normally under Goods and Services Tax commonly known as GST, a supplier of goods or services will collect the taxes from the recipient of such goods or services and pay those taxes to the Government. This is called Forward Charge. But under Reverse Charge Mechanism (commonly known as RCM) the recipient himself liable to pay taxes to the government Further, GST on services supplied by a Director of a company or a body corporate to the said Company or the body corporate is payable under reverse charge. The notification which made Company liable to pay GST under RCM is issued under section 9(3) of the CGST Act, however, this RCM notification could not be held to be a charge of GST
of business and paying 5 % GST) from the ambit of RCM seems to be that as body corporates, when they take the vehicles on rent / hire from other service providers, they would be liable to pay GST under RCM, which can be availed as ITC by them and they can in turn charge 5 % under forward charge. FAQ. Q 1 GST Rates of Goods; IGST Exemption, Concession List as on 03.06.2017; Revised Threshold for Composition Scheme as on 11.06.2017; GST Rates of Services; List of Services under reverse charge; Classification Scheme for Services under GST; Decisions taken by the GST council in the 16th Meeting; GST Acts + IGST Act, 2017 as amended up to 01.10.202 This service is listed under the reverse charge list therefore trader has to pay tax @ 18% on Rs. 10,000 on RCM. However such GST paid is also allowed as Input tax credit in same month and therefore net liability of tax will not increase. A complete list of such goods and services is given at end of this article. Rate of GST Person liable to pay tax under RCM Description 1 An arbitral tribunal. Any business entity Services supplied by an arbitral tribunal to a business entity 2 Any person providing sponsorship service Any body corporate or partnership firm Services provided by way of sponsorship 3 A director of a company/body corporate The company or a bod