Input tax credit in gst

This query is : Resolved 

18 January 2019 My Company has GST registration only in Maharashtra State
But has office in another's states like Tamil Nadu & Gujarat for which we are paying Rent for Office Premises

We are not able to take credit of GST paid on those invoices because the owner is charging us CGST & SGST as Place of Supply is the Address of commercial property

How can I take credit of GST paid on those invoices?
Should I register as an ISD for availing credit and then distributing it our Mumbai office?

18 January 2019 Either you take registration as ISD as said by you or you can make certain supply from such premises to adjust the same with output liability..

19 January 2019 Can i take multiple ISD no's? for different states?


23 January 2019 Yes. Any person can take separate ISD registration for each state.

12 April 2019 But we maintain a single books of accounts at head office, we don't maintain any books at any branch.Please advice Experts
If we take an ISD no, we would have to maintain books of accounts for it

01 August 2024 If your company is registered only in Maharashtra but has offices in other states such as Tamil Nadu and Gujarat, and you are paying GST on rent for these out-of-state offices, here’s how you can manage and claim Input Tax Credit (ITC):

### **1. **Understanding Input Tax Credit (ITC) in GST**

In GST, ITC can generally be claimed for tax paid on goods or services used in the course of business. However, when dealing with multiple states, there are specific rules for claiming ITC, especially if you do not have separate GST registrations in those states.

### **2. **Challenges with CGST & SGST**

Since you are paying CGST and SGST for rent in states other than Maharashtra, you may face the following issues:
- **ITC Restriction:** The GST paid on rent in other states cannot be directly claimed if you do not have GST registration in those states because ITC is generally claimable only in the state where the tax is paid.

### **3. **Using an Input Service Distributor (ISD)**

An ISD can be used to distribute the ITC on input services to different branches or units within the same entity. Here’s how you can manage this:

- **ISD Registration:** You can obtain an ISD registration in Maharashtra (or any other state where you are registered) to distribute the credit. The ISD will allow you to accumulate ITC on input services (such as rent) and distribute it to your branches.

- **Single ISD Registration:** You can have a single ISD registration for the entire country if you maintain centralized accounting and records. Multiple ISD registrations are not necessary unless you prefer to manage them separately for each state.

- **ITC Distribution:** The ITC accumulated through the ISD can be distributed to the Maharashtra head office and other branches (in different states) based on the rules prescribed. However, note that ITC distribution must comply with the rules set by GST law.

### **4. **Bookkeeping and Compliance**

- **Centralized Accounting:** Since you maintain a single set of books at the head office, this should simplify the process if you use a single ISD registration. Ensure all transactions and ITC claims are properly recorded and documented.

- **ISD Records:** Even though the books of accounts are maintained centrally, you need to ensure proper documentation for ITC distribution, including invoices and ITC claims. Compliance with ISD regulations is crucial.

### **5. **Steps to Claim ITC Through ISD**

1. **Obtain ISD Registration:** Apply for ISD registration if not already done. This is done via the GST portal.

2. **Accumulate ITC:** Collect the GST paid on input services (rent) and accumulate it in the ISD account.

3. **Distribute ITC:** Distribute the accumulated ITC to the respective branches or offices.

4. **Maintain Records:** Keep detailed records of the ITC distributed and the corresponding invoices.

### **6. **Consult a GST Expert**

Given the complexities of GST and ISD regulations, consulting a GST expert or a tax consultant is advisable to ensure compliance and accurate claiming of ITC. They can guide you on the specifics of documentation, ISD registration, and ITC distribution.

By following these steps, you can effectively manage and claim the GST paid on rent for offices located in different states through an ISD mechanism.



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