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Reverse charge mechanism under GST: Ultimate Guide

reverse charge mechanism

The reverse charge mechanism means that the buyer, not the seller, has to pay Goods and Services Tax (GST) on goods or services. This happens when a registered buyer gets goods from an unregistered seller. This blog will explain everything you need about the Reverse Charge Mechanism (RCM) under GST.

When is Reverse Charge Applicable?

The Reverse Charge Mechanism in GST applies to both goods and services. Here are the situations where RCM is relevant:

Buying from Unregistered Vendors

Suppose a registered business buys goods or services from a vendor not registered for GST. In that case, the company must pay the government GST on that purchase. For example, suppose a registered wholesaler buys farm produce from unregistered sellers to sell to others. In that case, they are responsible for paying the GST.

Services from Aggregators or E-Commerce Operators

When an aggregator or an e-commerce platform provides services, the buyer may need to pay the GST directly under the RCM.

Specific Goods and Services

The Central Board of Excise and Customs (CBEC) has specified a list of specific goods and services to which reverse charge applies. Businesses should check this list to ensure compliance.

Learning about these situations helps businesses determine when they are responsible for paying GST directly.  To understand it properly, joining a GST course  in Kochi is the best option that allows one to acquire complete knowledge related to the GST sector. 

The Central Board of Excise and Customs (CBEC) lists specific goods and services subject to the Reverse Charge Mechanism (RCM). 

S.NoTariff ItemDescription of Supply of GoodsSupplier of GoodsRecipient of Supply
1  0801Cashew nuts, not shelled or peeledAgriculturistRegistered taxable person
21404 90 10Bidi wrapper leaves (tendu)AgriculturistRegistered taxable person
32401Tobacco leavesAgriculturistRegistered taxable person
45004 to 5006Silk yarnAny person who manufactures silk yarn from raw silk or silk worm cocoonsRegistered taxable person
5Supply of lotteryState Government, Union Territory, or local authorityLottery distributor or selling agent

Here’s a simple list of services where the person receiving the service has to pay GST directly under the Reverse Charge Mechanism (RCM), based on the 14th GST Council meeting: 

Reverse charge mechanism under GST

S.NoService DescriptionService ProviderRecipient of Supply
1Services from a person in a non-taxable areaSupplier from a non-taxable areaRegistered taxpayer
2Transporting goods by roadGoods Transport AgencyRegistered taxpayer
3Legal servicesLegal firm or lawyerRegistered taxpayer
4Services from an arbitral tribunalArbitral TribunalRegistered taxpayer
5Sponsorship servicesIndividual person or businessCorporate or partnership firms
6Services from government or local authorities (with some exceptions)Government/Local authorityRegistered taxpayer
7Services which are provided by a director or corporate body to their own companyDirector or corporate bodyTheir own company
8Services from an agent who are working for insuranceInsurance agentInsurance company
9Recovery agent servicesRecovery agentBanking company or financial firm
10Transport of goods by a ship from another country to a customs office in IndiaTransporting agencyImporter of goods
11Permission to use copyrighted contentArtist, musician, or creative personPublishing company
12Taxi services booked through an e-commerce platformTaxi driverE-commerce operator

 

Requirements Under the Reverse Charge Mechanism (RCM) in GST

  • GST Registration: The recipient of goods or services must be registered under GST.
  • Accurate Record-Keeping: Businesses must keep detailed records of all reverse charge transactions, including invoices and payment details.
  • Clear Invoice Information: Suppliers must mention on the invoice that the tax is payable under reverse charge. This should also appear on receipt and refund vouchers.
  • Advance Payments: If an advance is paid for goods or services under reverse charge, it’s taxable. The taxpayer paying the advance must also pay the tax on a reverse charge basis.

These requirements help ensure proper compliance with GST rules for businesses.

Time of Supply for Goods and Services Under Reverse Charge

  • The time for paying tax under reverse charge is based on the earliest date among these options.
  • Date when goods are received.
  • Date when payment is made.
  • For goods, 30 days from the date on the invoice.
  • For services, 60 days from the date on the invoice.
  • If none of the above, then the date the transaction is entered in the receiver’s accounts.

Key Points to Remember about RCM

  1. Only people registered for GST will be notified about goods and services under Sections 9(3) and 9(4).
  2. GST must be paid to the government by the 20th of the following month.
  3. You can get ITC (Input Tax Credit) for all goods and services under RCM. People who pay reverse charges can also get ITC benefits.
  4. It’s better to manually enter RCM details in GSTR-2 instead of letting the system fill them automatically.
  5. For RCM, the recipient must create the invoice. If there are many purchases, invoices should be issued daily for all GST under Section 31(3).
  6. After the supplier makes a payment, the recipient should give a payment voucher.
  7. You cannot claim ITC for reverse charge payments to the government.
  8. People registered under the composition scheme must pay reverse charges but cannot get ITC for RCM.
  9. Advance payments also fall under RCM.

Reverse charge mechanism  under GST ensures that taxes are paid accurately by placing the responsibility on the buyer in certain transactions where the usual GST process may also not work. Joining online GST courses allows learners regarding how to handle GST properly.

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