The insurance companies, which are engaged in providing general insurance services in respect of insurance of motor vehicles, insure the cost of repairs/damages of motor vehicles incurred by the policyholders. Such damages to the insured vehicle are classified in two categories:
1. Total Loss/ Constructive Total Loss or Cash Loss
This occurs when the cost of repairing the vehicle exceeds its current market value or a specified percentage of that value, making repairs economically unfeasible. In such cases, the insurer compensates the policyholder with the vehicle's market value or a pre-agreed amount.
2. Partial Loss Situation
This situation arises when the vehicle can be repaired at a cost that is less than the vehicle's current market value. The insurance company covers the cost of repairs to restore the vehicle to its pre-damage condition.
Overview
When an insurance company covers damages to a vehicle, they provide compensation to the vehicle owner. How this compensation is handled under the GST (Goods and Services Tax) law depends on whether the vehicle is repaired or declared a total loss (meaning it's too expensive to repair). The key issue is whether the salvage (the wrecked vehicle) is taxed under GST. Under GST law, supply is the relevant taxable event for levying tax. For an activity/transaction to be liable to GST, existence of 'supply' as defined under section 7 of CGST Act 2017 should be there.
Key Points
1. Definition of Supply Under GST
- Under GST law, "supply" means all forms of supply of goods or services or both made or agreed to be made for a consideration by a person in the course or furtherance of business.
- Insurance companies provide a service by insuring vehicles, and they charge a premium for this service.
2. Insurance Company's Responsibility
- If the vehicle is damaged, the insurance company is responsible for either paying to repair it or compensating the vehicle owner based on the insurance policy terms.
- The compensation can be reduced by deductibles, which are amounts the vehicle owner agrees to pay out-of-pocket when the insurance contract is signed.
3. Handling of Salvage in Case of Total Loss
If the Insurance Company Deducts Salvage Value:
1) If the insurance company pays the claim amount but deducts the value of the salvage (wrecked vehicle), the salvage remains the property of the vehicle owner (not the insurance company).
2) The vehicle owner can sell the salvage if they choose, but the insurance company does not have to pay GST on the salvage because they do not own it.
If the Insurance Company Pays Full Insured's Declared Value (IDV) Without Deduction:
1) In some cases, the insurance policy may require the insurance company to pay the full insured amount (IDV) without deducting the salvage value.
2) Here, the salvage becomes the property of the insurance company after the claim is settled.
3) The insurance company then has to pay GST when they sell or dispose of the salvage.
4. GST Implications
- No GST for Insurance Companies: If the salvage value is deducted from the claim and the vehicle owner retains the salvage, the insurance company does not have to pay GST on the salvage.
- GST Applicable for Insurance Companies: If the insurance company pays the full IDV and takes ownership of the salvage, they must pay GST when selling the salvage.
5. Summary
- When the insurance company deducts the salvage value from the claim, the vehicle owner keeps the salvage, and the insurance company doesn't owe GST on it.
- When the insurance company doesn't deduct the salvage value and pays the full claim amount, they own the salvage and must pay GST when they sell it.
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