New reverse charge mechanism
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The document outlines new reverse charge mechanisms for certain taxable services in India. Under the new rules: 1) For certain specified services like insurance agency, transportation of goods, sponsorship, legal services, and services provided from outside India, the recipient of the service will now be liable to pay 100% of the service tax, instead of the service provider. 2) For other services like renting of vehicles, supply of manpower, and service portion of works contracts, the service tax will be split between the provider and recipient. 3) The point of taxation for reverse charge services will now be the date of payment by the recipient, or earlier dates in some cases involving associated enterprises. 4)
New reverse charge mechanism
- 1. New Reverse Charge Mechanism I. The taxable services,— • provided or agreed to be provided by an insurance agent to any person carrying on the insurance business. • 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 of 1944) or the rules made thereunder; any body corporate established, by or under any law; or any partnership firm whether registered or not under any law including association of persons; • provided or agreed to be provided by way of sponsorship to anybody corporate or partnership firm located in the taxable territory; • provided or agreed to be provided by,- an arbitral tribunal, or an individual advocate or a firm of advocates by way of support services, or Government or local authority by way of support services excluding,- renting of immovable property, and services specified in sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance Act, 1994, to any business entity located in the taxable territory; • provided or agreed to be provided by a director of a company to the said company. • provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers to any person who is not in the similar line of business or supply of manpower for any purpose or security services 131 or service portion in execution of works contract by any individual, Hindu Undivided Family or partnership firm, whether registered or not, including association of persons, located in the taxable territory to a business entity registered as body corporate, located in the taxable territory;
- 2. • provided or agreed to be provided by any person which is located in a nontaxable territory and received by any person located in the taxable territory; (II) The extent of service tax payable thereon by the person who provides the service and the person who receives the service for the taxable services specified in (I) shall be as specified in the following Table, namely:- Sl.No. Description of a service Percentage of service tax payable by the person providing Service Percentage of service tax payable by the person receiving Service 1 in respect of services provided or agreed to be provided by an insurance agent to any person carrying on insurance business Nil 100% 2 in respect of services provided or agreed to be provided by a goods transport agency in respect of transportation of goods by road Nil 100% 3 in respect of services provided or agreed to be provided by way of sponsorship Nil 100% 4 in respect of services provided or agreed to be provided by an arbitral tribunal Nil 100% 5 in respect of services provided or agreed to be provided by individual advocate or a firm of advocates by way of legal services Nil 100% 5A in respect of services provided or agreed to be provided by a director of a company to the said company Nil 100% 6 in respect of services provided or agreed to be provided by Government or local authority by way of support services excluding,- (1) renting of immovable property, and (2) services specified in sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance Act,1994 Nil 100% 7A in respect of services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers on abated value to any person who is not engaged in the similar line of business Nil 100% 7B in respect of services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers on non abated value to any 60% 40%
- 3. person who is not engaged in the similar line of business 8 in respect of services provided or agreed to be provided by way of supply of manpower for any purpose or security services 25% 75% 9 in respect of services provided or agreed to be provided in service portion in execution of works contract 50% 50% 10 in respect of any 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 Nil 100% Explanation-. - The person who pays or is liable to pay freight for the transportation of goods by road in goods carriage, located in the taxable territory shall be treated as the person who receives the service for the purpose of this notification. Explanation-. - In works contract services, where both service provider and service recipient is the persons liable to pay tax, the service recipient has the option of choosing the valuation method as per choice, independent of valuation method adopted by the provider of service. To give effect to this new reverse charge mechanism Section 68(2) has been amended to put onus of payment of service tax on reverse charge basis partly on service provider & partly on service receiver, which is also called Joint Charge. III Determination of Point of Taxation in Case of Reverse Charge As per Rule 7 of POT Rules, 2011 Notwithstanding anything contained in POT Rules, the Point of Taxation in respect of persons requiring to pay tax as recipients shall be the date on which payment is made. Provided further Where the payment is not made within a period of 6 months of date of invoice, the point of Taxation shall be determined as if this rule does not exist. Provided also that In case of ‘Associated Enterprises’, where the person providing the service is Located outside India, the Point of Taxation shall be date of debit in the books of account of the person receiving the service or date of making the payment whichever is earlier.
- 4. IV Some Clarifications Regarding Partial Reverse Charge:- • The service provider shall issue an invoice complying with Rule 4Aof the Service Tax Rules 1994. Thus the invoice shall indicate the name, address and the registration number of the service provider; the name and address of the 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 has to be indicated. The service tax payable would include service tax payable by the service provider. • The liability of the service provider and service recipient are different and independent of each other. Thus in case the service provider is availing exemption owing to turnover being less than Rs 10 lakhs, he shall not be obliged to pay any tax. However, the service recipient shall have to pay service tax which he is obliged to pay under the partial reverse charge mechanism. • For any service whose point of taxation has been determined and whole liability affixed before 1.7.2012 the new provisions will not apply. Merely because payments are being made after 1.7.2012 will not add any additional liability on the service receiver in respect of such services. • The credit of the entire tax paid on the service received by the service receiver would be available to the service recipient subject to the provisions of the CENVAT Credit Rules 2004. • The service recipient would need to discharge liability only on the payments made by him. Thus the assessable value would be calculated on such payments done (Free of Cost material supplied and out of pocket expenses reimbursed or incurred on behalf of the service provider need to be included in the assessable value in terms of Valuation Rules). The invoice raised by the service provider would normally indicate the abatement taken or method of valuation used for arriving at the taxable value. service recipient are different and independent of each other, the service recipient can independently avail or forgo abatement or choose a valuation option depending upon the ease, data available and economics.