second hand car resale

Originally posted by : Sandesh Shet
	I am selling my polo car.. GST is applicable?

Yes

If it's in firm then yes , else no need

what is the percentage..

If selling car is your business then only yes. Otherwise it is not a supply and no gst will be levied

GST ON SALE OF SECOND HAND VEHICLE :

Following are some of the cases with respect to sale of Second Hand Cars :


1). Individual sells to individual/un-registered dealer

GST is essentially a tax only on commercial transactions. Hence, only those supplies that are in the course or furtherance of business qualify as supply under GST ( SECTION 7 ). Hence, any supplies made by an individual in his personal capacity do not come under the ambit of GST unless they fall within the definition of business as defined in the Act.

Sale of personal used car by an individual will not attract GST (neither in the hands of buyer nor seller) because it is not covered within the meaning & scope of supply, since the element of 'furtherance of business' test is missing.

2. Individual sells to registered second-hand dealer

The Buyer is also not liable to pay GST on said purchase by virtue of Notification No.10/2017-Central Tax (Rate) New Delhi, dated 28th June, 2017.

3. Sale of Old & used vehicle by registered dealer

The expression 'supply' as per SECTION 7 (1) (a) of CGST Act, 2017 includes sale, lease, disposal. Therefore sale/disposal of old or used vehicle by a registered dealer for a consideration, is in the course or furtherance of business and hence it will qualify to be a supply. So, GST is applicable.

The Rate of GST is 18% and HSN CODE 8703.

For more information, refer Notification No. 8/2018 CT (Rate), dated 25/01/2018.

As per Notification 8/2018 CT (r)

Vehicle of Vat Regime Sold in GST Regime :
GST is applicable on Profit Margin (Sale-Puchase )

Vehicle Purchased & Sold in GST Regime :

If ITC claim , then GST is on transaction Value
If ITC is not claim , then GST is on Profit Margin (Sale - Purchase)

GST Rate 12 % & 18% is applicable as per CC engine of vehicle mentioned in Notification.



More then 1500 CC , leanth exceeding 4000 MM, GST is 18%

Else ,.. 12%

if I'm registered under composition scheme then? I have to pay tax under 1% as I'm a trader

1. GST-18% on Old and used, petrol Liquefied petroleum gases (LPG) or compressed natural gas (CNG) driven motor vehicles of engine capacity of 1200 cc or more and of length of 4000 mm or more.

2. GST-18% on Old and used, diesel driven motor vehicles of engine capacity of 1500 cc or more and of length of 4000 mm

3. GST-18% on Old and used motor vehicles of engine capacity exceeding 1500 cc, popularly known as Sports Utility Vehicles (SUVs) including utility vehicles.

4. GST-12% on All Old and used Vehicles other than those mentioned from S. No. 1 to S.No.3