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TMI BlogApplicability of GST on rent recovery amount from EmployeesX X X X Extracts X X X X X X X X Extracts X X X X ..... Applicability of GST on rent recovery amount from Employees X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Company A (manufacturing entity) has rented an entire apartment from a landlord and provides it to its different employees for accommodation. The rent amount is deducted from the employees' salaries without any markup charged by the company. What is the legal position on this situation? Should the employee raise an tax invoice for such recoveries, if so, at what rate of tax? Are there any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary disclosures in the GST return that must be made, and if so, under which table should these disclosures appear? 2. In a variant scenario where the employer charges a markup (say as a service charge or facilitation charge) on the rental amount, how does this affect the legal stance and disclosures? Should there be a separate invoice to be raised for the mark up? Regards. S Ram Reply By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RaamSrinivasan Kalpathi: The Reply: My opinion would be as follows: 1) If the landlord is imputing GST on the rental supply invoices raised on the employer company ITC will not be available. If the landlord is not charging GST on the supply bills the employer company will have to remit GST on RCM as per Notification 13/2017-CT (rate) w.e.f.18-Jul-22. Here again ITC will not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available. The amount collected from the employees will not have a GST component in lieu of Circular 172 dt.06-Jul-22. 2) ITC will be available to the employer but employer has to charge GST on the employees for the full amount and not the margin. Thanks Reply By Ramanathan Seshan: The Reply: Dear Raam-sir, Thanks for your response. Can you please clarify on the additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... points below: 1. Whether there is requirement from employer to report in GSTR-1 ? 2. In the second point mentioned by you, can you please clarify if we can avail ITC ? Regards, S Ram Reply By RaamSrinivasan Kalpathi: The Reply: Clarification on: Point 1 - Yes - once identified as falling within the provisions of Sec.7 - scope of supply, reporting in GSTR-1 is mandatory. Point 2 - ITC wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be available as the inputs services are subjected to GST and the supply is for furtherance of the main business. Reply By Ramanathan Seshan: The Reply: Dear Raam-sir, Thanks for your swift response. Can you please clarify on the below: 1. At what rates of taxes should the reporting be done ? 2. At what point does it become supply ? 3. Wrt to point 2, should we show it as an exempt supply ? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regards, S Ram Reply By RaamSrinivasan Kalpathi: The Reply: Rate of tax will be 18% and SAC 997212 Upon completion of service and invoice to be raised within timeline provided in Rule 47 Please appreciate that if you are collecting the exact amount then it is not a supply but a perquisite and outside the scope of supply - please go through Circular 172 para 5. Only if a margin i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s kept would the entire transaction fall within the scope of Sec.7 Reply By Ramanathan Seshan: The Reply: Thank you very much Raam sir Reply By KALLESHAMURTHY MURTHY: The Reply: Sir, The query has two distinct transactions. The supply of service from the apartment owner and the supply of service to the employees. The apartment is rented for the use of employees and not for the Company. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the rent paid by the company is for a third party, Such payment attracts GST but not in the furtherance of business. Therefore, not eligible for ITC. Providing building to the employees is another nature of supply of service. So, there is tax liability. The tax paid in this scenario is eligible for ITC. There are Advance Rulings for similar situations. M/s Kothari Sugars ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Chemicals Limited (2023 (7) TMI 525 - APPELLATE AUTHORITY FOR ADVANCE RULING, TAMILNADU)
M/s Tata Motors Limited [2020 (9) TMI 352 - AUTHORITY FOR ADVANCE RULING, MAHARASHTRA] AAR Maharashtra.
Reply By Ramanathan Seshan:
The Reply:
Dear Murthy-sir,
Thanks for your valuable input. I shall read the rulings and revert to you in case of further queries.
Regards,
S Ram X X X X Extracts X X X X X X X X Extracts X X X X ..... Knowledge Sharing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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