GST on Royalty paid

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arvind chouhan (Querist)
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24 May 2024 Pls. explain all the scenario of GST on Royalty, i.e. non Associates /Associates enterprises with time of supply.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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07 July 2024 GST on royalty payments involves various scenarios depending on whether the transaction involves associated enterprises or non-associated enterprises. Here’s an explanation of the scenarios and the time of supply considerations:

### Royalty Payment to Non-Associated Enterprises

1. **Definition of Royalty**: Royalty is defined broadly under GST as consideration for the transfer of rights to use any intellectual property (IP), which includes copyright, trademark, patent, design, domain name, etc.

2. **Time of Supply**: The time of supply for royalty payments to non-associated enterprises is determined based on the earlier of the following dates:
- Date of issuance of invoice by the supplier.
- Date of receipt of payment by the supplier.

This means that GST becomes payable on the earlier of the invoice date or receipt of payment date, whichever is earlier.

3. **Reverse Charge Mechanism (RCM)**: Generally, the recipient of the royalty payment (the business paying the royalty) is liable to pay GST under reverse charge mechanism. This means the recipient is responsible for calculating and paying the GST directly to the government, instead of the supplier.

4. **Input Tax Credit (ITC)**: The recipient can claim input tax credit for the GST paid on royalty under RCM, provided the recipient uses the royalty for business purposes and is eligible to claim ITC.

5. **Valuation**: The value of royalty for GST purposes is the amount of consideration paid or payable to the supplier, excluding GST, but including any incidental expenses related to the royalty payment.

### Royalty Payment to Associated Enterprises

1. **Definition of Associated Enterprises**: Associated enterprises are entities that have significant influence over each other due to ownership, control, or other relationships. This includes parent companies, subsidiaries, sister concerns, etc.

2. **Arm’s Length Principle**: Transactions between associated enterprises must adhere to the arm’s length principle, meaning they should be conducted as if they were between unrelated parties. This principle ensures that transactions are fair and not influenced by the relationship between the parties.

3. **Time of Supply**: For royalty payments to associated enterprises, the time of supply is determined based on the earlier of the following dates:
- Date of issuance of invoice by the supplier.
- Date of receipt of payment by the supplier.

Similar to non-associated enterprises, GST becomes payable on the earlier of the invoice date or receipt of payment date.

4. **Valuation**: The valuation of royalty payments to associated enterprises should be at arm’s length, which means the amount charged should be comparable to what would be charged between unrelated parties for similar transactions.

5. **Documentation**: Proper documentation and transfer pricing compliance are crucial for royalty payments to associated enterprises. Businesses should maintain records demonstrating that the royalty payments are at arm’s length.

### Compliance and Reporting

- **GST Return Filing**: Businesses making royalty payments, whether to associated or non-associated enterprises, must report these transactions in their GST returns. This includes mentioning the GSTIN of the supplier and the amount of GST paid under RCM.

- **Documentation**: Maintain invoices, agreements, and other relevant documents to substantiate royalty payments and GST compliance during audits or assessments by tax authorities.

In summary, GST on royalty payments involves ensuring timely payment under RCM, adherence to the arm’s length principle for associated enterprises, and proper documentation for compliance. Understanding these aspects helps businesses manage their GST obligations effectively when dealing with royalty transactions.