GST on Director remuneration
SANKAR BOSE (PARTNER) (42 Points)
19 April 2020
whether gst is applicable on Director remuneration.
9 Replies
suraj pahuja
(TAX PRACTITIONER)
(178 Points)
Replied 19 April 2020
As per latest advance ruling, yes gst to be deposited on reverse charge basis on director remuneration
RAJA P M
("Do the Right Thing...!!!")
(128101 Points)
Replied 19 April 2020
If it's paid as per salaries then GST not applicable.
Durga Prasad
(97 Points)
Replied 19 April 2020
On reverse charge mechanism basis company have to pay Gst on director remuneration.
Shivam RC
(Student)
(23683 Points)
Replied 19 April 2020
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.
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.
Kishor Lulla
(1011 Points)
Replied 20 April 2020
Depends on accounting and effects given in other acts. TDS u s 192 is must
CA Naveen Chand
(Chartered Accountant)
(12739 Points)
Replied 20 April 2020
GST shall be paid by the company under reverse charge
Pankaj Rawat
(GST Practitioner)
(55057 Points)
Replied 20 April 2020
If it is paid to whole time director , no GST is applicable.
CA Altamush Zafar
(GST Consultant)
(15986 Points)
Replied 28 April 2020
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.
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