Finance GST 2016 Taxation

SERVICES UNDER REVERSE CHARGE AS APPROVED BY GST COUNCIL

The fitment of rates of services were discussed on 19 May 2017 during the 14th GST Council meeting held at Srinagar, Jammu & Kashmir.
The Council has broadly approved the GST rates for services at Nil, 5%, 12%, 18% and 28%. The list of services that will be under reverse charge as approved by the GST Council is given below.

 

Sl.
No.
Service Provider
of service
Percentage of service tax payable by service provider Recipient of Service Percentage of service tax payable by any person other than the service provider
1 Taxable services provided or agreed to be provided by any person who is located in a non-taxable territory and received by any person located in the taxable territory other than non-assessee online recipient (OIDAR) Any person who is located in a non-taxable territory Nil Any person located in the taxable territory other than non-assessee online recipient (Business Recipient) 100%
2 Services provided or agreed to be provided by a goods transport agency (GTA) in respect of transportation of goods by road Goods Transport Agency (GTA) Nil (a) any factory registered under or governed by the Factories Act, 1948;
(b) any society registered under the Societies Registration Act, 1860 or under any other law for the time being in force in
any part of India;
(c) any co-operative society
established by or under any
law;
(d) any person registered under
CGST/SGST/UTGST Act;
(e) any body corporate
established, by or under any
law; or
(f) any partnership firm whether
registered or not under any
law including association of
persons.
(g) Casual taxable person
100%
3 Services provided or agreed to
be provided by an individual
advocate or firm of advocates
by way of legal services,
directly or indirectly
An individual
advocate or
firm of
advocates
Nil Any business entity. 100%
4 Services provided or agreed
to be provided by an arbitral
tribunal
An arbitral
tribunal
Nil Any business entity. 100%
5 Sponsorship services Any person Nil Anybody corporate or
partnership firm.
100%
6 Services provided or agreed
to be provided by
Government or local authority
excluding,-
(1) renting of immovable
property, and
(2) services specified below-
(i) services by the
Department of Posts by
way of speed post,
express parcel post, life
insurance, and agency
services provided to a
person other than
Government;
(ii) services in relation to an
aircraft or a vessel,
inside or outside the
precincts of a port or an airport;
(iii) transport of goods or
passengers.
Government
or local
authority
Nil Any business entity. 100%
7 Services provided or agreed to
be provided by a director of a
company or a body corporate
to the said company or the
body corporate;
A director of a
company or a
body
corporate
Nil A company or a body corporate. 100%
8 Services provided or agreed to
be provided by a director of a
company or a body corporate
to the said company or the
body corporate;
A director of a
company or a
body
corporate
Nil A company or a body corporate. 100%
9 Services provided or agreed
to be provided by an
insurance agent to any
person carrying on insurance
business
An insurance
agent
Nil Any person carrying on
insurance business.
100%
10 Services provided or agreed to
be provided by a recovery
agent to a banking company
or a financial institution or a
non-banking financial
company
A recovery
agent
Nil A banking company or a
financial institution or a nonbanking
financial company.
100%
11 Services by way of
transportation of goods by a
vessel from a place outside India up to the customs
station of clearance in India
A person
located in
non-taxable territory to a
person
located in
non-taxable
territory
Nil Importer as defined under
clause (26) of section 2 of the
Customs Act, 1962.
100%
12 Transfer or permitting the use
or enjoyment of a copyright
covered under clause (a) of
sub-section (1) of section 13
of the Copyright Act, 1957
relating to original literary,
dramatic, musical or artistic
works
Author or
music
composer,
photographer,
artist, etc
Nil Publisher, Music company,
Producer
100%
13 Radio taxi or Passenger
Transport Services provided
through electronic commerce
operator
Taxi driver or
Rent a cab
operator
Nil Any person 100% by
Electronic
Commerce
Operator

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