REVERSE CHARGE
Reverse charge means the liability
to pay tax is on the recipient of supply of goods or services
instead of the supplier of such goods or services in respect of
notified categories of supply.
There are two type of reverse charge scenarios provided in law.
- First is dependent on the nature of supply and/or nature of
supplier. This scenario is covered by section 9 (3) of the CGST/
SGST (UTGST) Act and section 5 (3) of the IGST Act.
- Second scenario is covered by section 9 (4) of the CGST/SGST (UTGST)
Act and section 5 (4) of the IGST Act where taxable supplies by
any unregistered person to a registered person is covered.
Registration
- A person who is required to pay tax under reverse charge has to compulsorily register under GST and the threshold limit of Rs. 20 lakhs (Rs. 10 lakhs for special category states except J & K) is not applicable to him.
A supplier cannot take ITC of GST paid on goods or services used to make supplies on which the 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, the recipient is liable to pay GST. Thus, time of
supply for supplies under reverse charge is different
from the supplies which are under forward charge.
In case of supply of goods, time of supply is earliest of: -
- date of receipt of goods; or
- date of payment as per books of account or date of debit in bank account, whichever is earlier; or
- the date immediately following thirty days from the date of issue of invoice or similar other document..
In case of supply of services, time of supply is earliest of: -
- date of payment as per books of account or date of debit in bank account, whichever is earlier;
- the date immediately following sixty days from the date of issue of invoice or similar other document:
- the date immediately following thirty days from the date of issue of invoice or similar other document..
CBEC has notified a list of 12 services on which tax shall be paid by the recipient on 100 % reverse charge basis.
- Non-resident service provider
- Goods Transport Agencies
- Legal service by an Advocate/ Firm of Advocates
- Arbitral Tribunal
- Sponsorship Services
- Specified Services provided by Government or Local Authority to Business entity
- Services of a director to a company
- Insurance agent
- Recovery Agent of Bank/FI/ NBFC
- Transportation Services on Import
- Permitting use of Copyright
- Radio Taxi services to E-commerce aggregator (eg: Ola, Uber, etc.)