RCM on Vehicle taken monthly rent

This query is : Resolved 

24 May 2022 Dear Expert
Can you please give your Expert advise in the matter below. We P.Ltd co is taken Mahindra Bolero vehicle on fixed monthly rent 25,000/- with driver . Fuel charges incurred by us . whether GST is applicable under RCM pls . When RCM is applicable




24 May 2022 RCM not applicable. A list of services notified by government in respect of services covered under Sec 9(4), vehicle rent is not covered under such list.

24 May 2022 thanks Madam for immediate reply Pls , but our adudior is saying it is falls under RCM as service provider is Individual & pay @ 5%.
Kindly share any materials if any pls 🙏


24 May 2022 RCM applicable.
The applicability of RCM on renting vehicles has helped small service providers with improved liquidity by reducing their GST compliance. Paying GST on forward charge was not possible as they received payment for their services after several months.
It was decided in the 37th GST Council Meeting to put the supply of renting of motor vehicles under RCM for suppliers paying GST at 5%.

24 May 2022 As per the Serial No.15 of Notification No. 22/2019- Central Tax (Rate) dated 30th September 2019, services of renting of motor vehicles provided to a body corporate by any person other than a body corporate is covered under RCM. If the service provider is a body corporate, RCM is not applicable to the recipient.

24 May 2022 Applicable only if services provided to body corporate. so, here you are providing services to Ltd. Co. Hence, you are liable to pay RCM.

24 May 2022 Entry in Notification reads out that " Services provided by way of renting of any motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service are covered under RCM" . Here cost of fuel is not included in consideration, so you can provide this base for not paying RCM.
recipient, provided to a body
corporate.

24 May 2022 First ,I am grateful to all of you for answering my query pls . Further I would like to inform that our is PVt LTD co engaged in Manufacturing activities .we are not in same line of business of renting a motor vehicle . We have taken a Vehicle on monthly rent from a person for official work , fuel is in our scope. In this case RCM would be applicable on us or exempted . kindly elaborate pls


25 May 2022 Not applicable,as it is clearly specified that RCM applicable only when person other than body corporate provide services to body corporate.

25 May 2022 In my opinion, RCM is applicable because the service provider is individual and the recipient is a body corporate.

25 May 2022 Agree with CA Puja Sharma reply.

25 May 2022 If fuel cost is not included in consideration then RCM is not applicable. In your case the rent value is not inclusive of fuel cost therefore RCM will not be applicable.


25 May 2022 But here, services provided by company to company, so no RCM applicable.

25 May 2022 The querist has no where mentioned that supplier is company.
RCM not applicable but due to non inclusion of fuel cost.

26 May 2022 Again thanks to everyone only for reply in the matter pls.
Kindly note Service provider is a Individual & recepient is body corporate. Fuel in scope of recepient. Now Kindly eleborate


26 May 2022 No RCM applicable as explained above

26 May 2022 Services provided where the cost of fuel is included in the consideration charged from the service are covered under RCM" . Here cost of fuel is not included in consideration, so no RCM applicable.



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