21 March 2011
Telephone service providers are paying service tax on SIM activation charges. SIM Card distributors are getting COMMISSION for the sale of SIM cards to the subscribers. Whether distributors are liable to pay service tax on the said COMMISSION. If yes, pl inform the category of service also.
02 August 2024
Yes, SIM card distributors are liable to pay service tax on the commission received for the sale of SIM cards to subscribers. Here’s a detailed explanation:
### **1. Nature of Commission Income:**
- **Commission Income:** When a SIM card distributor receives a commission for selling SIM cards, this income is considered a service provided to the telecom operator or service provider.
### **2. Applicability of Service Tax:**
- **Service Category:** The commission earned by SIM card distributors falls under the category of "Business Auxiliary Service" (BAS), which is a broad category that includes services related to promotion or marketing of goods and services.
### **3. Service Tax Liability:**
- **Business Auxiliary Service (BAS):** The service provided by SIM card distributors qualifies as BAS under the service tax regime. Under BAS, any service provided in connection with the promotion or marketing of goods or services for another person, including receiving commission for the same, is taxable.
- **Tax Rate:** As per the service tax regime applicable before GST implementation, the standard rate of service tax was 14% plus applicable cess (such as Swachh Bharat Cess and Krishi Kalyan Cess). The rate may vary based on the period and applicable amendments. However, with the implementation of GST from July 1, 2017, such services are covered under GST, and the applicable GST rate should be checked according to the current GST laws.
### **4. Registration and Filing:**
- **Service Tax Registration:** SIM card distributors must obtain service tax registration if their aggregate turnover exceeds the threshold limit for service tax registration. This limit was typically Rs. 10 lakhs, but you should check the specific thresholds applicable for your jurisdiction and period.
- **Filing Returns:** Distributors need to file service tax returns (ST-3) or GST returns (GSTR-1, GSTR-3B) under the applicable tax regime, declaring the service tax or GST liability on the commission income received.
### **5. GST Implications:**
- Under the GST regime, which replaced service tax from July 1, 2017, the service of receiving commission for selling SIM cards would fall under "Business Support Services" or similar service categories, and the applicable GST rate needs to be checked based on the latest GST rules and notifications.
### **Summary:**
- **Yes**, distributors are liable to pay service tax on the commission earned from selling SIM cards. - The service falls under the category of **Business Auxiliary Service** (BAS) under the service tax regime. - Under GST, the applicable tax category and rate should be verified based on current GST provisions.
Ensure that you comply with the registration, filing, and payment requirements under the applicable tax regime, whether service tax or GST.
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