GST on Director remuneration

604 views 9 replies
whether gst is applicable on Director remuneration.
Replies (9)

As per latest advance ruling, yes gst to be deposited on reverse charge basis on director remuneration

If it's paid as per salaries then GST not applicable.
On reverse charge mechanism basis company have to pay Gst on director remuneration.
The latest ruling given by the Rajasthan Authority for Advance Ruling will be applicable only for the applicant i.e. Clay Crafts India Pvt Ltd.

We all know about the validity of the ruling . It does not matches with the Provision and Rules of the GST Act.

As per Para 1 of SCHEDULE III of the CGST Act 2017, "Salary is out of the purview of GST. "

And as per Notification No. 13/2017 - Central Tax ( Rate ), dated 28.06.2017, Services supplied by a Director of a Company or a body corporate to the said company or body corporate is taxable under "REVERSE CHARGE MECHANISM" ( RCM ) Basis under Section 9(3) of the CGST Act 2017.

These services includes Director's Board Meeting sitting fees etc. But not on Remuneration.

Therefore , as per the Law, GST is not applicable on Remuneration.

I hope the ruling will be challanged by the applicant in the AAAR for further clarification.
Depends on accounting and effects given in other acts. TDS u s 192 is must

GST shall be paid by the company under reverse charge 

If it is paid to whole time director , no GST is applicable.
Why gst is paid by company Any reason other than AAR

Where salary/remuneration received by director is in capacity of employee no GST chargeable. However the complete situation depends on a lot of factors including contractual terms.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register