By Sunil SinghM. V. Damania and Co.

Chartered Accountants 01st February,2013

Introduction of Reverse Charge Mechanism (RCM)

What do you mean by RCM?

ApplicabilityNotification No. 30/2012- ST dated 20/06/2012

Categories covered

Services under full reverse charge mechanism (RCM)

Services under partial reverse charge mechanism (RCM)

List of services under full Reverse Charge MechanismSr No.

Nature of services Description of services

1) Insurance Agents services Services provided or agreed to be provided by an insurance agent to any person carrying on insurance business

2) Goods Transport agency services (GTA)

Services provided by GTA in relation to transportation of goods by road

3) Sponsorship Services Sponsorship services to any Bode corporate or Partnership firm located in taxable territory

continued

Sr No. Nature of services Description of services

4) Legal Services Legal services by Individual advocate or a firm of advocates including arbitral services to business entity with turnover exceeding Rs.10 lakhs in the preceding year

5) Government services

Support services by Government or local authority (excluding renting of immovable property)

6) Director Services Services provided or agreed to be provided by a Director of a company to a said company

Sr No.

Nature of services Description of services

7) Provision of Taxable service from non-taxable territory

Any taxable service where the Service provider is located in a non taxable territory and service recipient located in a taxable territory

continued

Goods Transport Agency Services Provided or agreed to be provided by a goods transport

agency in respect of transportation of goods by road, where the person liable to pay freight is,—

Any factory registered under or governed by the Factories Act, 1948 (63 of 1948);

Any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India;

Any co-operative society established by or under any law; Any dealer of excisable goods, who is registered under the

Central Excise Act, 1944 (1 of 1944) Any body corporate established, by or under any law; or Any partnership firm whether registered or not under any

law including association of persons;

Relevant aspects relating to the above are briefed here as below :

Transportation of fruits, vegetables, eggs or milk by road in a goods carriage is exempt from Service Tax. (Refer point no. 21 of notification no. 25/2012).

No Service Tax is to be paid when Gross Amount charged on all consignments transported in a goods carriage does not exceed Rs. 1500/-.

No Service Tax is to be paid when Gross Amount charged on individual consignment transported in a goods carriage does not exceed Rs. 750/-

Taxable value of Goods Transport Agency Service shall be exempt in excess of 25%. In other words, abatement of 75% is available.

Services tax paid on service provided for transport of goods from inland container depot to the port of export can be claimed as refund.

Goods Transport Agency

IllustrationsXYZ Factory

Gurgaon Haryana

Liable to pay freight

Registered Dealer a partnership firm in Bhopal in M.P

ABC TransportDelhi

Registered Dealer a partnership firm in Jammu Non Taxable Territory liable to pay freight

XYZ Factory gurgaon Haryana

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Legal Services

Legal services provided by advocates or partnership firms of advocates are exempt from service tax when provided to the following: An advocate or partnership firm of advocates

providing legal services. any person other than a business entity. a business entity with a turnover up to rupees

ten lakh in the preceding financial year.However, in respect of services provided to business entities, with a turnover exceeding rupees ten lakh in the preceding financial year, tax is required to be paid on reverse charge by the business entities.

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PQRA Servicereceiver

ABC A Service provider

Providing taxable service to

DEFA Service Receiver

XYZ A ServiceProvider

Providing Taxable service to

Taxable TerritoryNon

Taxable Territory

Providing taxable services to

Partial Reverse Charge Mechanism

?

List of services under partial reverse charge mechanism

Sr.No Nature of services

Description of services

% of Ser tax payable by S.P.

% of Ser Tax payable by S.R.

1) Manpower Supply Service

Supply of manpower for any purpose including security services provided to company

25% 75%

2) Rent a cab services

Renting of Passenger vehicles With abatement Without abatement

Nil60%

100%40%

Continued

Sr.No Nature of services

Description of services % of Ser tax payable by S.P.

% of Ser Tax payable by S.R.

3) Works Contract Service

Works Contract service provided to company

50% 50%

Basic Condition in Partial RCMService Provider Individual HUF Partnership Firm AOP

Service Receiver Business entity

registered as body corporate

He should be located in taxable territory

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Rent a Cab Services

Renting of Motor Vehicle

If abatementOf 60% claimed

If abatement is not claimed

S.R. is Liable topay @ 4.944%

S.P. is not LiablePay any tax

S.R. is Liable topay @ 4.944%

S.P. is Liable topay @ 7.416 %

Original Works i.e. New Construction, all types of addition & alteration and erection, commissioning or installation of PM/Equipment etc

Taxable Amount = 40% of the Total Amount

Charged

Maintenance or repairs or reconditioning or restoration or servicing of goods eg. Amc

Taxable Amount = 70% of the Total Amount

Charged

Maintenance, repairs, completion & finishing service such as glazing, plastering, floor and wall tiling etc. eg. Interior Decoration

Taxable Amount = 60% of the Total Amount

Charged

ST to be discharge by the Recipient under Reverse Charge will be 50% of the

Taxable Liability

ST = (40*12.36%)*50% =

2.472

ST = (70*12.36%)*50%

= 4.326

ST = (60*12.36%)*50% =

3.708

WORKS CONTRACT

Details in Invoice under RCM Governing Rule: Rule 4A of the Service Tax Rules 1994. Invoice shall indicate the name, address and the

registration number of the service provider and person receiving taxable service; the description and value of taxable service provided or agreed to be provided; and the service tax payable thereon.

As per clause (iv) of sub-rule (1) of the said rule 4A "the service tax payable” thereon' has to be indicated. The service tax payable would include service tax payable by the service provider.

Case 1 Where Service Tax has been charged fully in Invoice Debit Credit Expense A/c Dr 100.00 - Service Tax Input Credit A/c Dr 7.42 -Service Tax Deferred Input A/c Dr 4.94 -

To Vendor A/c - 105.42To TDS Payable A/c - 2.00To Service Tax Payable A/c - Reverse Charge - 4.94

112.36 112.36

Case 2 Where Service Tax has not been charged in InvoiceExpense A/c Dr 100.00 - Service Tax Deferred Input A/c Dr 12.36 -

To Vendor A/c - 97.75To TDS Payable A/c - 2.25To Service Tax Payable A/c - Reverse Charge - 12.36

112.36 112.36

Case 3 In case of Abatement ( e.g. 40%) Debit Credit Expense A/c Dr 100.00 - Service Tax Input Credit A/c Dr 4.94 -

To Vendor A/c - 98.00To TDS Payable A/c - 2.00To Service Tax Payable A/c - Reverse Charge - 4.94

104.94 104.94

Important Points relating to RCM

Cenvat can not be availed for discharging the ST Liabilities on RCM

ST Paid under RCM can be utilize towards the discharge ST on output services

Threshold exemption of upto Rs.10 Lac is not applicable here in RCM except Legal services

Allowed Refund of unutilized cenvat credit availed from input services as per Rule 5B of Central Exice Rules,2004

ThankYou