Are you working with some unregistered suppliers? Did you know you might have to pay taxes on their behalf if they fall under the Reverse Charge Mechanism (RCM) services?
This article lists the RCM services that will help businesses work smoothly with unregistered and unorganised supply chains.
While dealing with certain services specified by the CBIC or unregistered vendors, the buyer has to self-invoice for the purchases made. As the chargeability gets reversed, it’s known as the reverse charge mechanism.
You can understand the rules behind RCM by referring to:
The objective of shifting the GST burden to the recipients is to widen the scope of taxes levied on different unorganised sectors. Only certain types of business entities are subject to RCM, such as imports, purchases from unregistered dealers, and the supply of certain notified goods and services.
Let's understand how it works.
Imagine you hire a plumber to fix a water leak at your shop. Normally, when you buy something, the seller adds GST to the bill and pays it to the government.
However, under the Reverse Charge Mechanism (RCM), the plumber does not charge you GST. Instead, you (the shop owner) must calculate the GST and pay it directly to the government.
As per the latest GST amendments, the following services are subject to RCM under GST:
RCM applies when a GTA provides transportation of goods by road and:
Recipient liable under RCM if they fall under any of the following:
If GTA charges 12% GST with ITC, RCM does not apply.
Services by an individual advocate, senior advocate, or a law firm (including LLPs) to any business entity attract RCM.
This includes all advisory, consultancy, and representation services in courts, tribunals, or authorities.
If any person provides sponsorship services to a body corporate or partnership firm, the recipient must pay GST under RCM.
If the Central/State Government, Union Territory, or Local Authority provides services to a business entity, RCM applies.
Exclusions (RCM does NOT apply to these government services):
Additional inclusions:
When a director of a company provides services to the company, the company must pay 18% GST under RCM.
If an insurance agent provides services to an insurance company, the insurance company must pay 18% GST under RCM.
If a recovery agent provides services to a bank, financial institution, or non-banking financial company (NBFC), the recipient must pay 18% GST under RCM.
When creators (like authors, photographers, music composers, or artists) transfer or permit the use of copyrights, the recipient must pay GST under RCM.
Two categories:
If members of the Overseeing Committee (constituted by RBI) provide services to the Reserve Bank of India, these services are exempt from GST. This means RBI does not have to pay GST under RCM, and the committee members do not charge GST on their services.
Services by individual Direct Selling Agents (not companies or firms) to banks or NBFCs fall under RCM.
Services provided by business facilitators to banks are taxable under RCM.
If an agent of a business correspondent provides services to a BC (business correspondent), the BC must pay GST under RCM.
Security services provided by non-body corporates (e.g., individuals, firms) to registered persons are covered under RCM.
Exceptions:
Renting of Motor Vehicles
If a non-body corporate rents a motor vehicle to a body corporate and opts for 5% GST (without ITC), then the recipient pays GST under RCM.
Under SEBI’s Securities Lending Scheme, if a person lends securities via an approved intermediary, the borrower pays GST under RCM.
When a driver provides taxi services through an e-commerce operator (like Uber/Ola), the platform is liable under RCM.
Accommodation services (hotels, lodges, clubs, campsites, etc.) provided through e-commerce platforms are taxed under RCM, unless the service provider is required to register under GST.
Home services (like plumbing, carpentry) provided through platforms are also taxed under RCM, unless the service provider is required to register.
These apply when the supplier is located outside India: