16 June 2017
Dear expert, please resolve my query.
What will the treatment of expense reimbursement in following case
1. If employer reimburse expense to employee like hotel bill, food, mobile bill etc.
wheather employer can avail input credit of Gst charged on above bills
or if Gst is not charged on above expense then "will employer liable to pay Gst on above bills" claimed by employee.
01 August 2024
The treatment of expense reimbursements and the related input credit for GST purposes can be a bit complex. Here’s a detailed explanation:
### **1. Reimbursement of Expenses**
When an employer reimburses expenses to an employee, the GST treatment depends on various factors including whether the GST was charged on those expenses and the nature of the expenses. Here’s how it generally works:
#### **Scenario 1: GST Charged on Reimbursed Expenses**
- **Reimbursement of Expenses with GST:** - If the employer reimburses an employee for expenses where GST has been charged (e.g., hotel bills, food bills), the employer can avail of the input credit on the GST charged, provided these expenses are related to the business and meet the conditions for input credit.
- **Eligibility for Input Credit:** - The expenses must be directly related to the supply of goods or services by the employer. - The employer should have valid tax invoices or debit notes for the GST paid. - The input credit is available if the expenses are incurred for business purposes and not for personal use.
#### **Scenario 2: No GST Charged on Reimbursed Expenses**
- **Expenses Without GST:** - If GST is not charged on the reimbursed expenses, then there is no GST input credit to claim because no tax has been paid to be credited. - In this case, the employer does not need to pay GST on these expenses again since no GST was initially charged.
#### **Liability to Pay GST:**
- **Employer’s GST Liability:** - The employer is not liable to pay GST on the reimbursed expenses to the employee if GST was not charged on those expenses initially. The employer’s responsibility to pay GST arises only if the supply of goods or services is taxable and falls within the scope of GST provisions.
### **Key Points to Consider:**
1. **Nature of Expenses:** - Ensure that the expenses for which input credit is claimed are related to the business activities of the employer. - Personal expenses or non-business-related expenses generally do not qualify for input credit.
2. **Documentation:** - Maintain proper documentation including invoices or receipts with GST details. - Ensure that the invoices are in the name of the employer and contain all necessary details as per GST requirements.
3. **Compliance with GST Rules:** - Follow the specific provisions of the GST Act and Rules applicable to input credit and reimbursements.
### **Relevant GST Provisions:**
- **CGST Act, 2017 (Section 16):** Provides the eligibility and conditions for claiming input tax credit. - **CGST Rules, 2017 (Rule 36):** Details the conditions for availing input tax credit.
### **Conclusion**
- **If GST is charged on reimbursed expenses:** The employer can claim input credit subject to the GST rules. - **If GST is not charged:** No input credit can be claimed, and the employer does not need to pay GST on these expenses.
For specific cases or complex scenarios, consulting a GST expert or tax consultant can provide tailored guidance based on the latest regulations and your business’s circumstances.
01 August 2024
The treatment of expense reimbursements and the related input credit for GST purposes can be a bit complex. Here’s a detailed explanation:
### **1. Reimbursement of Expenses**
When an employer reimburses expenses to an employee, the GST treatment depends on various factors including whether the GST was charged on those expenses and the nature of the expenses. Here’s how it generally works:
#### **Scenario 1: GST Charged on Reimbursed Expenses**
- **Reimbursement of Expenses with GST:** - If the employer reimburses an employee for expenses where GST has been charged (e.g., hotel bills, food bills), the employer can avail of the input credit on the GST charged, provided these expenses are related to the business and meet the conditions for input credit.
- **Eligibility for Input Credit:** - The expenses must be directly related to the supply of goods or services by the employer. - The employer should have valid tax invoices or debit notes for the GST paid. - The input credit is available if the expenses are incurred for business purposes and not for personal use.
#### **Scenario 2: No GST Charged on Reimbursed Expenses**
- **Expenses Without GST:** - If GST is not charged on the reimbursed expenses, then there is no GST input credit to claim because no tax has been paid to be credited. - In this case, the employer does not need to pay GST on these expenses again since no GST was initially charged.
#### **Liability to Pay GST:**
- **Employer’s GST Liability:** - The employer is not liable to pay GST on the reimbursed expenses to the employee if GST was not charged on those expenses initially. The employer’s responsibility to pay GST arises only if the supply of goods or services is taxable and falls within the scope of GST provisions.
### **Key Points to Consider:**
1. **Nature of Expenses:** - Ensure that the expenses for which input credit is claimed are related to the business activities of the employer. - Personal expenses or non-business-related expenses generally do not qualify for input credit.
2. **Documentation:** - Maintain proper documentation including invoices or receipts with GST details. - Ensure that the invoices are in the name of the employer and contain all necessary details as per GST requirements.
3. **Compliance with GST Rules:** - Follow the specific provisions of the GST Act and Rules applicable to input credit and reimbursements.
### **Relevant GST Provisions:**
- **CGST Act, 2017 (Section 16):** Provides the eligibility and conditions for claiming input tax credit. - **CGST Rules, 2017 (Rule 36):** Details the conditions for availing input tax credit.
### **Conclusion**
- **If GST is charged on reimbursed expenses:** The employer can claim input credit subject to the GST rules. - **If GST is not charged:** No input credit can be claimed, and the employer does not need to pay GST on these expenses.
For specific cases or complex scenarios, consulting a GST expert or tax consultant can provide tailored guidance based on the latest regulations and your business’s circumstances.
01 August 2024
The treatment of expense reimbursements and the related input credit for GST purposes can be a bit complex. Here’s a detailed explanation:
### **1. Reimbursement of Expenses**
When an employer reimburses expenses to an employee, the GST treatment depends on various factors including whether the GST was charged on those expenses and the nature of the expenses. Here’s how it generally works:
#### **Scenario 1: GST Charged on Reimbursed Expenses**
- **Reimbursement of Expenses with GST:** - If the employer reimburses an employee for expenses where GST has been charged (e.g., hotel bills, food bills), the employer can avail of the input credit on the GST charged, provided these expenses are related to the business and meet the conditions for input credit.
- **Eligibility for Input Credit:** - The expenses must be directly related to the supply of goods or services by the employer. - The employer should have valid tax invoices or debit notes for the GST paid. - The input credit is available if the expenses are incurred for business purposes and not for personal use.
#### **Scenario 2: No GST Charged on Reimbursed Expenses**
- **Expenses Without GST:** - If GST is not charged on the reimbursed expenses, then there is no GST input credit to claim because no tax has been paid to be credited. - In this case, the employer does not need to pay GST on these expenses again since no GST was initially charged.
#### **Liability to Pay GST:**
- **Employer’s GST Liability:** - The employer is not liable to pay GST on the reimbursed expenses to the employee if GST was not charged on those expenses initially. The employer’s responsibility to pay GST arises only if the supply of goods or services is taxable and falls within the scope of GST provisions.
### **Key Points to Consider:**
1. **Nature of Expenses:** - Ensure that the expenses for which input credit is claimed are related to the business activities of the employer. - Personal expenses or non-business-related expenses generally do not qualify for input credit.
2. **Documentation:** - Maintain proper documentation including invoices or receipts with GST details. - Ensure that the invoices are in the name of the employer and contain all necessary details as per GST requirements.
3. **Compliance with GST Rules:** - Follow the specific provisions of the GST Act and Rules applicable to input credit and reimbursements.
### **Relevant GST Provisions:**
- **CGST Act, 2017 (Section 16):** Provides the eligibility and conditions for claiming input tax credit. - **CGST Rules, 2017 (Rule 36):** Details the conditions for availing input tax credit.
### **Conclusion**
- **If GST is charged on reimbursed expenses:** The employer can claim input credit subject to the GST rules. - **If GST is not charged:** No input credit can be claimed, and the employer does not need to pay GST on these expenses.
For specific cases or complex scenarios, consulting a GST expert or tax consultant can provide tailored guidance based on the latest regulations and your business’s circumstances.
01 August 2024
The treatment of expense reimbursements and the related input credit for GST purposes can be a bit complex. Here’s a detailed explanation:
### **1. Reimbursement of Expenses**
When an employer reimburses expenses to an employee, the GST treatment depends on various factors including whether the GST was charged on those expenses and the nature of the expenses. Here’s how it generally works:
#### **Scenario 1: GST Charged on Reimbursed Expenses**
- **Reimbursement of Expenses with GST:** - If the employer reimburses an employee for expenses where GST has been charged (e.g., hotel bills, food bills), the employer can avail of the input credit on the GST charged, provided these expenses are related to the business and meet the conditions for input credit.
- **Eligibility for Input Credit:** - The expenses must be directly related to the supply of goods or services by the employer. - The employer should have valid tax invoices or debit notes for the GST paid. - The input credit is available if the expenses are incurred for business purposes and not for personal use.
#### **Scenario 2: No GST Charged on Reimbursed Expenses**
- **Expenses Without GST:** - If GST is not charged on the reimbursed expenses, then there is no GST input credit to claim because no tax has been paid to be credited. - In this case, the employer does not need to pay GST on these expenses again since no GST was initially charged.
#### **Liability to Pay GST:**
- **Employer’s GST Liability:** - The employer is not liable to pay GST on the reimbursed expenses to the employee if GST was not charged on those expenses initially. The employer’s responsibility to pay GST arises only if the supply of goods or services is taxable and falls within the scope of GST provisions.
### **Key Points to Consider:**
1. **Nature of Expenses:** - Ensure that the expenses for which input credit is claimed are related to the business activities of the employer. - Personal expenses or non-business-related expenses generally do not qualify for input credit.
2. **Documentation:** - Maintain proper documentation including invoices or receipts with GST details. - Ensure that the invoices are in the name of the employer and contain all necessary details as per GST requirements.
3. **Compliance with GST Rules:** - Follow the specific provisions of the GST Act and Rules applicable to input credit and reimbursements.
### **Relevant GST Provisions:**
- **CGST Act, 2017 (Section 16):** Provides the eligibility and conditions for claiming input tax credit. - **CGST Rules, 2017 (Rule 36):** Details the conditions for availing input tax credit.
### **Conclusion**
- **If GST is charged on reimbursed expenses:** The employer can claim input credit subject to the GST rules. - **If GST is not charged:** No input credit can be claimed, and the employer does not need to pay GST on these expenses.
For specific cases or complex scenarios, consulting a GST expert or tax consultant can provide tailored guidance based on the latest regulations and your business’s circumstances.
01 August 2024
The treatment of expense reimbursements and the related input credit for GST purposes can be a bit complex. Here’s a detailed explanation:
### **1. Reimbursement of Expenses**
When an employer reimburses expenses to an employee, the GST treatment depends on various factors including whether the GST was charged on those expenses and the nature of the expenses. Here’s how it generally works:
#### **Scenario 1: GST Charged on Reimbursed Expenses**
- **Reimbursement of Expenses with GST:** - If the employer reimburses an employee for expenses where GST has been charged (e.g., hotel bills, food bills), the employer can avail of the input credit on the GST charged, provided these expenses are related to the business and meet the conditions for input credit.
- **Eligibility for Input Credit:** - The expenses must be directly related to the supply of goods or services by the employer. - The employer should have valid tax invoices or debit notes for the GST paid. - The input credit is available if the expenses are incurred for business purposes and not for personal use.
#### **Scenario 2: No GST Charged on Reimbursed Expenses**
- **Expenses Without GST:** - If GST is not charged on the reimbursed expenses, then there is no GST input credit to claim because no tax has been paid to be credited. - In this case, the employer does not need to pay GST on these expenses again since no GST was initially charged.
#### **Liability to Pay GST:**
- **Employer’s GST Liability:** - The employer is not liable to pay GST on the reimbursed expenses to the employee if GST was not charged on those expenses initially. The employer’s responsibility to pay GST arises only if the supply of goods or services is taxable and falls within the scope of GST provisions.
### **Key Points to Consider:**
1. **Nature of Expenses:** - Ensure that the expenses for which input credit is claimed are related to the business activities of the employer. - Personal expenses or non-business-related expenses generally do not qualify for input credit.
2. **Documentation:** - Maintain proper documentation including invoices or receipts with GST details. - Ensure that the invoices are in the name of the employer and contain all necessary details as per GST requirements.
3. **Compliance with GST Rules:** - Follow the specific provisions of the GST Act and Rules applicable to input credit and reimbursements.
### **Relevant GST Provisions:**
- **CGST Act, 2017 (Section 16):** Provides the eligibility and conditions for claiming input tax credit. - **CGST Rules, 2017 (Rule 36):** Details the conditions for availing input tax credit.
### **Conclusion**
- **If GST is charged on reimbursed expenses:** The employer can claim input credit subject to the GST rules. - **If GST is not charged:** No input credit can be claimed, and the employer does not need to pay GST on these expenses.
For specific cases or complex scenarios, consulting a GST expert or tax consultant can provide tailored guidance based on the latest regulations and your business’s circumstances.