GST Liability Allocation:
- Forward Charge Mechanism (FCM): Under FCM, the responsibility to collect and remit GST lies with the supplier. This is the standard method where the supplier charges GST on invoices and remits this to the government.
- Reverse Charge Mechanism (RCM): Under RCM, the responsibility shifts from the supplier to the recipient of the goods or services. This mechanism is triggered under specific scenarios mandated by the GST law.
Detailed Comparison Table:
Characteristic | Forward Charge Mechanism (FCM) | Reverse Charge Mechanism (RCM) |
---|---|---|
Tax Liability | Responsibility lies with the supplier. | Responsibility shifts to the recipient. |
GST Invoice Charging | GST is charged and shown on the invoice. | GST is not charged on the invoice; recipient accounts for it. |
Input Tax Credit (ITC) | Supplier can claim ITC on inputs. | Recipient can claim ITC on the GST paid under RCM. |
Registration Requirement | Mandatory for suppliers crossing the threshold limit. | Mandatory for recipients if dealing under RCM, irrespective of their turnover. |
Usual Application | Applies universally under standard GST transactions. | Applied specifically to cases mandated by law. |
RCM in E-commerce: Application and Impact
E-commerce operators like Ola, Uber, Airbnb, and Urban Company are subjected to RCM for certain services where they facilitate services between unregistered service providers and consumers. This ensures tax compliance and minimizes evasion.
RCM E-commerce Table:
Sector | Service | E-commerce Operator | RCM Applicability |
---|---|---|---|
Transportation Services | Ride-sharing | Ola, Uber, Rapido | E-commerce operator pays GST on behalf of drivers. |
Accommodation Services | Hotel/Room Booking | Airbnb, Oyo, Make My Trip | Platform handles GST for unregistered hosts. |
Housekeeping Services | Cleaning, Repairs | Urban Company | Platform responsible for GST on individual services. |
List of Goods and Services under RCM
Goods:
Sr No. | Supply of Goods | Supplier of Goods | Recipient of Goods |
---|---|---|---|
1 | Cashew Nuts | Agriculturist | Any registered person |
2 | Bidi Leaves | Agriculturist | Any registered person |
3 | Tobacco Leaves | Agriculturist | Any registered person |
4 | Silk Yarn | Individuals/entities involved in production | Any registered person |
4A | Raw Cotton | Agriculturist | Any registered person |
5 | Lottery | State Government/UT/Local authority | Lottery distributor/agent |
6 | Used Vehicles, etc. | Central/State Government/UT/Local authority | Any registered person |
Services:
Sr. No. | Services Description | Supplier | Recipient |
---|---|---|---|
1 | Services by non-resident | Individual/entity outside taxable territory | Domestic business |
2 | Transport of goods by road | Goods Transport Agency | Registered business entities |
3 | Legal services by an advocate | Individual advocate or firm | Any business entity |
4 | Arbitration services | Arbitral tribunal | Any business entity |
5 | Sponsorship services | Any sponsor | Body-corporate or partnership firm |
6 | Select government services | Government or local authority | Business entities excluding specific exempt services |
7 | Director services | Director of a company/body corporate | The company or body corporate |
8 | Insurance agent services | Insurance agent | Entities engaged in insurance business |
9 | Recovery agent services | Recovery agent | Banking/financial institutions |
10 | International transport of goods | Person outside taxable territory | Customs station in India |
11 | Intellectual property rights | Copyright holder (Author, etc.) | Publisher, music company, producer |
12 | E-commerce transport services | Taxi driver or Rent-a-cab operator | Platform users (via e-commerce operator) |
13 | RBI Overseeing Committee services | Members of the Overseeing Committee | Reserve Bank of India |
Conclusion: Strategic Importance of RCM
The Reverse Charge Mechanism ensures compliance, broadens the tax base, and counters evasion. It demands adaptability in accounting systems and business operations to manage cash flows effectively. A comprehensive understanding of RCM fosters compliance and enhances the transparency of the GST framework, ensuring a smooth taxation process for all stakeholders involved.