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Understanding RCM Under GST
Introduction
ToggleUnderstanding the Goods and Services Tax (GST) is essential for business owners to stay compliant and avoid penalties. A key component of GST is the Reverse Charge Mechanism (RCM), where the responsibility to pay GST shifts from the supplier to the recipient of goods or services. Under this system, those liable to pay GST under RCM must register compulsorily, regardless of the usual threshold limits. This article provides comprehensive details on RCM under GST, covering topics like the time of supply, input tax credit eligibility, and more. Simplify your compliance with the Reverse Charge Mechanism by filing your GST returns smoothly with the help of IndiaFilings experts!
Brief Overview of Reverse Charge Mechanism (RCM) under GST
Under the Goods and Services Tax (GST), the Reverse Charge Mechanism (RCM) is a special provision where the liability to pay GST shifts from the supplier to the recipient of goods or services. Unlike the usual scenario where the supplier collects and remits GST to the government, under RCM, the recipient directly pays the tax.
RCM applies to both goods and services and affects registered as well as unregistered businesses. It is particularly relevant when the supplier is unregistered or when the transaction value exceeds a specified threshold.
GST Reverse Charge on Goods (Section 9(3))
Below are key goods covered under Section 9(3) where GST liability shifts to the recipient:
Sr. No. | Description of Goods | Supplier | Recipient |
---|---|---|---|
1 | Cashew nuts, unshelled or unpeeled | Agriculturist | Any registered person |
2 | Bidi wrapper leaves (Tendu) | Agriculturist | Any registered person |
3 | Tobacco leaves | Agriculturist | Any registered person |
4 | Silk yarn | Manufacturers of silk yarn | Any registered person |
5 | Supply of lottery | State Government or Local Authority | Lottery distributor or selling agent |
GST Reverse Charge on Services (Section 9(3))
Here are key services under RCM, with suppliers and recipients defined:
Sr. No. | Description of Services | Supplier | Recipient |
---|---|---|---|
1 | Transportation of goods by road by Goods Transport Agency (GTA) | GTA | Registered person, corporate, firm, society, factory, or casual taxable person |
2 | Legal services by advocates or law firms | Individual advocate or law firm | Any business entity in the taxable territory |
3 | Services by arbitral tribunal | Arbitral tribunal | Any business entity in the taxable territory |
4 | Sponsorship services | Any person | Body corporate or partnership in taxable territory |
5 | Services by government entities (excluding some exceptions) | Central/State Government, UT, Local Authority | Any business entity in taxable territory |
5A | Renting immovable property by government entities | Government entities | Registered persons under GST Act |
5B | Transfer of Development Rights (TDR) or Floor Space Index (FSI) | Any person | Promoter, builder, or developer |
5C | Long-term land lease (30+ years) with premium or rent | Any person | Promoter, builder, or developer |
6 | Services by directors to their companies | Director | Company or corporate body |
7 | Services by insurance agents to insurance companies | Insurance agent | Insurance business |
8 | Services by recovery agents to financial institutions | Recovery agent | Banks, financial institutions, NBFCs |
9 | Use of copyrights (literary, musical, artistic works, etc.) | Authors, composers, artists | Publishers, music companies, producers |
10 | Services by members of RBI Overseeing Committee | Overseeing Committee members | Reserve Bank of India |
11 | Services by individual Direct Selling Agents (DSAs) to banks or NBFCs | Individual DSAs (non-corporate) | Banks, NBFCs |
12 | Services by business facilitators to banks | Business Facilitator | Banks |
13 | Services by agents of business correspondents | Agent of BC | Business Correspondent |
14 | Security services (supply of personnel) | Any person (excluding corporates) | Registered person |
Time of Supply under RCM
Time of supply is critical in determining when GST liability arises under RCM.
Goods: The earliest of:
Date of receipt of goods
Date of payment
Date immediately after 30 days from invoice
Services: The earliest of:
Date of payment
Date immediately after 60 days from invoice
Input Tax Credit (ITC) under RCM
Under RCM, the recipient pays GST but is eligible for Input Tax Credit, subject to:
Eligibility:
ITC can be claimed if goods/services are used for business purposes.
Proper documentation like self-generated payment vouchers or supplier invoices is required.
Restrictions:
ITC cannot be used to pay tax liability under RCM; payment must be made in cash.
After paying the tax, ITC can be used to offset output tax on other supplies.
RCM Applicability on E-Commerce Operators
For certain services supplied through e-commerce platforms, the e-commerce operator (instead of the supplier) pays GST under RCM. These include:
Transportation of Passengers: Radio taxis, motor cabs, minicabs, motorcycles
Accommodation Services: Hotels, inns, guest houses, etc., if the service provider isn’t registered under GST
Housekeeping Services: Plumbing, carpentry, and similar services, where the provider is unregistered
Self-Invoicing under RCM (Effective November 1, 2024)
Businesses liable to pay tax under RCM must generate self-invoices to claim Input Tax Credit.
Self-invoices must be raised within 30 days of receiving the service.
Use software like LEDGERS to generate GST e-invoices complying with RCM requirements
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June 26, 2025
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