Renting of Motor Vehicles-RCM

Liability to pay tax under RCM on renting of motor vehicle by Body Corporates being recipient has been inserted w.e.f. 01.10.2019 in Serial no. 15 of N. No. 13.2017-Central Tax (R) dated 28.06.2017. The said entry has been amended by N. No. 29/2019-Central Tax (R) dated 31.12.2019 as :

Sl.No. Category of Supply of Services Supplier of service Recipient of service
15 Services provided by way of renting of any motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient, provided to a body corporate. Any person, other than a body corporate who supplies the service to a body corporate and does not issue an invoice charging central tax at the rate of 6 per cent. to the service recipient Any body corporate located in the taxable territory.

The Central Government has clarified the position of law that after the amendment referred above, the liability to pay GST on renting of motor vehicles under RCM shall not arise if any of the following conditions is satisfied:

  1. Cost of fuel is not included in the price charged from the service recipient.
  2. The service recipient is not a body corporate.
  3. The service provider is a body corporate.
  4. The service provider issues an invoice charging 12% (availing full ITC) GST from the service recipient.

The liability to pay GST under RCM on renting of motor vehicle has been summarized as under:

S.No. Constitution of Supplier

 

Supplier Registered under GST?  

Cost of Fuel

is included in the total consideration charged?

Supplier is charging GST @ 12%? Constitution of Recipient

 

Whether Service Receiver is liable to pay GST under RCM
1. Non-Body Corporate Registered Yes No Body Corporate Yes
2. Non-Body Corporate Un-registered Yes NA Body Corporate Yes
3. Body Corporate No
4. Yes No
5. Non-Body Corporate No
6. No No
    – Mr.Pawan Arora and Mr. Anubhav Gupta

GST Law India is a blog on GST and allied commercial laws managed by members of the law firm ALA Legal.

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