Gst on company cars sold to employees at written down value

6854 views 7 replies

What is the GST applicability on sale of Company car to employee at the Wrtitten Down value ?

Employee is using the car provided by Company for last 2 years.  The cost of car is deducted from employee salary.

The car is depreciated in the books of the company and the employee has to buy back the car if he leaves the job within 3 years.

What is the GST applicability in such case since the employee is buying the car for personal use only.   The company main business is financial services.

 

Replies (7)
no gst
 +91 11 42427056 info @ a2ztaxcorp.com



Menu OUR SERVICES GST SERVICE TAX CUSTOMS ARTICLES CAREEROUR TEAMABOUT US

Home

GST Recent News

Government Clarifies GST On Sale Of Used Cars

Government Clarifies GST On Sale Of Used Cars

By: CA Bimal Jain

 July 14, 2017

Categories: GST Recent News

No Comments



The Central Government implemented the Goods and Service Tax (GST) from July 1, 2017, in India. With automobiles attracting the highest GST of 28 percent plus cess based on body type and engine capacity.

However, there was no clarity about GST on used vehicles, the Revenue Departement has clarified that individuals looking to sell their old vehicles will not have to pay GST on the sale as it is not for furthering any business.

The department stated that the said section has to be read in conjunction with another section. And even though the sale of old vehicles by an individual is a consideration, it cannot be said to be as selling old cars is not the business of the said person, and hence does not qualify to be a supply per se.

However, it said that the GST would be applicable if an unregistered business sells four-wheelers or two-wheelers to the registered supplier (who buys or sells in furtherance of his business).

 DriveSpark Thinks! Now that there is clarity of GST on used cars or old cars, wherein, GST is not applicable if there is no business interest in the sale of his old car or bikes, potential buyers need to make note that any sales of registered used car or bike sales outlet will attract GST.

Read more at: https://www.drivespark.com/four-wheelers/2017/used-car-gst-india-023023.H T M L

About The Author



CA Bimal Jain

Bimal has more than 21 years of experience in Indirect Taxation – GST, Service tax, Excise, Customs, VAT/CST, Foreign Trade Policy, DGFT matters, etc.

Related Posts









Your Thoughts

 Notify me of follow-up comments by email.

 Notify me of new posts by email.

Social Media

Recent Posts



TDS not required to be deducted under …



No GST rate revision except to set …



Taxmen to go slow on GST enforcement …



GST win-win deal for all: Arun Jaitley



GST: IT backbone GSTN allays concerns of …



‘Nil GST on fabrics not feasible’



SGPC upset with Centre for not exempting …



Delhi High Court notice to government on …



GST to be positive for auto, retail …



GST impact on economy: Jefferies says introduction …

Find us on Facebook

Popular Posts

TDS not required to be deducted under …

IDT Digest for June 20, 2017

CG issues various CGST and IGST Notifications …

No excuse for firms not to be …

GST: Credit card bill, insurance premium to …

Recent Posts

TDS not required to be deducted under …

No GST rate revision except to set …

Taxmen to go slow on GST enforcement …

GST win-win deal for all: Arun Jaitley

GST: IT backbone GSTN allays concerns of …

Download Our android APP



Our Services

A2Z TAXCORP LLP is a boutique Indirect Tax firm having professionals from Multi disciplines which includes Central Excise, Custom, Service Tax, VAT, DGFT, Foreign Trade Policy, SEZ, EOU, Export – Import Laws, Free Trade Policy, with way forward Goods and Services Tax (GST). A2Z TAXCORP LLP is a professionally managed firm and having team of distinguished Chartered Accountants, Company Secretary, Lawyer, Corporate Financial Advisors and Tax consultants.

We are pleased to announce release of our Handbook on Goods and Services Tax, titled, "GUIDE TO REVISED MODEL GST LAW (With Draft Rules on Registration, Payment, Invoice, Returns and Refund)” [3rd Edition] 



Our Branch

Delhi Flat No. 34B, Ground Floor, Pocket – 1, Mayur Vihar Phase-1 Delhi – 110091 (India) Tel: +91 11 42427056

Email: info @ a2ztaxcorp.com

Kolkata 501, Ashoka House, 5th Floor, 3A, Hare Street, Kolkata-700001 (India)

Email: kolkata @ a2ztaxcorp.com

Allahabad B2-3/4-31 Sarojani Apartments Sarojani Naydu Marg Allahabad - 211001

Email: info @ a2ztaxcorp.com

Ahmadabad 204, Wall Street 1, Opp Orient club, Nr Gujarat College, Ellis Bridge, Ahmedabad – 380006Ankleshwar S-29, Hexzone Arcade, Near JayabenModi Hospital, Valia Road, Ankleshwar - 393002 (o) : +91 90168 24154

Surat L 16-17, Agrasen Point, Opp. Maharaja Arcade, Near Agrasen Bhavan, City Light, Surat - 395007 (o) : +91 261 4023232-34

Chandigarh H. No. 908, Sector 12-A, Panchkula, Haryana - 134115

Email: info @ a2ztaxcorp.com

Bengaluru Adarsh Residency, Block F, 4th Floor, (F404) 47th Cross, Jayngar 8th Block, Bengaluru,Karnataka-560070

Email: bengaluru @ a2ztaxcorp.com

Surat B-107, Apex Commercial Center, Near Yash Plaza, Varachha, Surat - 395006 (o) : +91 261 4023235Vadodara c/o Desai Associates, 306-308, Siddharth Elegence, Nr. Surendra Nursery, Chaani Navayard Road, Vadodara - 390024 (o) : +91 265 2777787





Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 3,196 other subscribers

Email Address

Connect With Us

© Copyright 2017, A2Z Taxcorp LLP

Facebook Auto Publish Powered By : XYZScripts.com

Hi,
I have availed a car loan through my company. I have paid the initial downpayment and EMI is deducted from my salary. Tenure of the loan is 5 years and I have completed 24 months of EMI. MAintenance and Insurance costs are bourne by me. Now that, since I'm moving out, i requested for foreclosure. The forecloure amount for 5.8 Lakhs. But my company is asking me to pay 43% GST on the remaining prinicipal amount and the Downpayment of 6 Lakhs i have paid, which is approximately 11 Lakhs?

Caould you please let me know, if this is correct?

my company has applied 28% GST + 15% Cess on WDV since as per them - GST is applicable

There is no clarity and GST council is not replying as well.

Hi,

 

Any specific provision for not charging the GST on above transaction.

 

If the vehicle is a new one .....Than the total value of vehicle was included by the tax like GST, or  any other privious tax provissions than you don't have to pay the tax or GST for the balance amount and ......one thing Taxes will not be collected on the partwise of any amount.

At What value GST is to be levied on sale of car by employer to employee.

Employer buy car for rs. 10 lac on 01.07.2013 and provide it to Employee. Employee used it and as per company policy, Car is provided to Emplyee For Rs. 5000 After 5 years (i.e. on 30.06.2018)

So pls. suggest, on what amount GST is to be charged.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register