What is RCM?
The full form of RCM is Reverse Charges Mechanism. Normally the supplier of Goods or Services needs to pay tax on its supply. But under the RCM the person who receive the service or Goods are liable to pay tax to the Government i.e. the chargeability gets reversed.
Why RCM?
The basic objective of shifting the burden of GST payment to the recipient is to widen the scope of levy of tax on various unorganized sector in India.
The 2 below diagram will help you to build better understanding of RCM in GST.
In normal case-
In RCM case-
What are the case where RCM is eligible?
Supply by Unregistered Dealer.
In case unregistered person is selling goods or providing any services to the registered person, then the liability to pay shifts on the registered person i.e. the recipient of goods/services, where such supply is of taxable supplies. The main idea is to prevent tax evasion since it is difficult to collect tax from the unregistered dealer.
Service Provider by E-Commerce Operator
In case if the service is provided by the E-commerce operators, the liability of payment of tax lies on the recipient of services.
Supplies of Goods under RCM
1. Cashew nuts, not shelled or peeled
b. Recipients of goods- Any registered Person
2. Bidi wrapper leaves (tendu)
a. Supplier of goods- Agriculturist
b. Recipients of goods- Any registered Person
3. Tabacco Leaves
a. Supplier of goods- Agriculturist
b. Recipients of goods- Any registered Person
4. Silk Yarn
a. Supplier of goods- Person who manufacture silk yarn from raw silk or silk worm cacoons for supply of silk yarn.
b. Recipients of goods- Any registered Person
5. Raw Cotton
a. Supplier of goods- Agriculturist
b. Recipients of goods- Any registered Person
6. Supply of Lottery
a. Supplier of goods- State Government, Union Territory or any local authority.
b. Recipients of goods- Lottery distributor or selling agent.
7. Used Vehicles, Seized & confiscated goods, old and used goods, waste & scrap
a. Supplier of goods- State Government, Central Government or any local authority.
b. Recipients of goods- Any registered person.
Supplies of Services under RCM
1. Any service supplied by the any person who is located in a non-taxable territory to any person other than non-taxable online recipient.
a. Supplier of Service- Any person located in a non- taxable territory
b. Recipients of Service- Any person located in taxable territory other than non-taxable online recipients.
2. GTA Services
a. Supplier of Service- Goods Transport Agency (GTA) who has not paid integrated tax at the rate of 12%
b. Recipients of Service- Any factory, society, co-operative society, registered person, body corporate, partnership firm, casual taxable person: Located in taxable territory.
3. Legal Services by advocate-
a. Supplier of Service- An individual advocate including a senior advocate or firm of advocates.
b. Recipients of Service- Any business entity located in the taxable territory.
4. Services supplied by an arbitral tribunal to a business entity
a. Supplier of Service- An arbitral tribunal
b. Recipients of Service- Any business entity located in the taxable territory.
5. Services Provided by the way of sponsorship to anybody or corporate or partnership firm
a. Supplier of Service- Any person
b. Recipients of Service- Any body corporate or partnership firm located in the taxable territory.
6. Services supplied by the Central Government, State Government, Union Territory or Local Authority to a business entity excluding-
1. renting of immovable property,
2. services specified- services by the department of post by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Central Government, State Government or Union territory or local authority. Service in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport. Transport of goods or passengers.
b. Recipients of Service- Any business entity located in the taxable territory.
7. Services supplied by a director of a company or a body corporate to the said company or the body corporate
b. Recipients of Service- The company or a body corporate located in the taxable territory.
8. Services supplied by an insurance agent to any person carrying on insurance business.
a. Supplier of Service- An Insurance Agent.
b. Recipients of Service- Any person carrying on insurance business, located in the taxable territory.
9. Services supplied by a recovery agent to a banking company or a financial institution or a non- banking financial company.
b. Recipients of Service- A banking company or a financial institution or a non-banking financial company, located in the taxable territory.
10. Service supplied by person located in non-taxable territory by way of transportation of goods by a vessel from place outside India up to the customs station of clearance in India.
b. Recipients of Service- Importer, as defined in clause (26) of section 2 of the Customs Act, 1962 (52 of 1962), located in the taxable territory.
b. Recipients of Service- Publisher, music company, producer or the like, located in the taxable territory.
b. Recipients of Service- Reserve Bank of India
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