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CA Priyank  Jain

Earlier, under the service tax law sub brokers not liable to pay service tax as liability of sub broker was discharged by main broker. They were not liable to get registered.

Now under GST regime, agents/ sub brokers are liable to get themselves registered due to provision of compulsory registration as defined in The Central Goods and Services Tax Act, 2017.

U/s 24 (vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise.

Section 2(5) of The Central Goods and Services Tax Act, 2017 provides for definition of agent as follows: “agents” means a person including a factor, broker, commission agent, arhatia, del credere agent, or an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another.

In terms of provisions of Section 2(13) of the IGST Act, 2017 Intermediary means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account

In lay man language broker is an intermediary or negotiator in the contracting of any type of bargain, acting as an agent for parties who wish to buy or sell stocks, bonds, real or personal property, commodities, or services. A distinguishing feature between an agent and a broker is that a broker acts as a middleperson. When a broker arranges a sale, he or she is an agent of both parties. The GST Act clubs all intermediaries as ‘agents’ who carries on the business of supply or receipt of goods and/or services on behalf of another and clubs these entities together with commission agents, brokers, etc.

Thus we can conclude that:

  • GST registration is mandatory for every Sub Brokers & Authorised Persons.
  • Turnover criteria of Rs. 20 lacs (Rs. 10 lacs) not applicable as sec 24 overrides sec 22.
  • If you register for GST, you will have to make a invoice in the name of your broker at the end of every month and charge GST. (Eg. If in a particular month you make a total brokerage of Rs. 2,00,000/- and your sharing with your main broker is 50 : 50, then you will get commission of Rs. 1,00,000/-

You will raise to your broker the following bill.

Total Commission   Rs. 1,00,000/-

Add CGST @ 9 %    Rs. 9,000/-

Add SGST @ 9 %     Rs. 9,000/-

TOTAL —->  Rs. 1,18,000/-

This Rs. 18,000/- you will have to deposit to the government account. If you have any input credit you can adjust the same. There will be no change in dealing with your customers. There is no charging to the customers.

Furthermore, if you are thinking not to get registered also the main brokers are still liable to pay GST on reverse charge for commission paid to sub broker/ franchisee. Hence it is advisable to get registered unless any specific notification or clarity not issued regarding non applicability og GST on Sub broker/ Agents etc.

DISCLAIMER:

The above views and the opinion expressed or implied are on the knowledge of the author and the individual or company is advised to take due care and judgement before taking informed decision.

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31 Comments

  1. CA Karthik SP says:

    Dear All,

    I have reviewed the various comments, and I would like to clarify the issue regarding sub-brokers. According to the Sectoral FAQs issued by the CBIC on “Banking and Financial Services,” particularly Q83, the treatment of sub-brokers and authorized persons under GST is outlined.

    Question: Would sub-brokers/Authorized Persons fall under the definition of “agent” as per Section 2(5) of the CGST Act, 2017? What are the registration requirements for sub-brokers/Authorized Persons under the GST regime?

    Answer: As per the Stock Brokers and Sub Brokers Regulation, 1992 issued by SEBI, a sub-broker is defined as “any person, not being a member of a stock exchange, who acts on behalf of a stock broker as an agent or otherwise for assisting investors in buying, selling, or dealing in securities through such stock brokers.”

    It is clear that when a sub-broker provides services not only to the stock broker but also directly to clients, receiving consideration from both, the sub-broker qualifies as an “agent” under Section 2(5) of the CGST Act. Consequently, such sub-brokers are required to register under Section 24(vii) of the CGST Act, without the benefit of the registration threshold.

    However, if a sub-broker is merely earning a referral bonus or commission from the stockbroker and does not provide direct services to clients, such sub-brokers do not fall under the definition of “agent” for GST purposes and are not required to register under Section 24.

    My Opinion: Based on the above clarification, a sub-broker is considered an agent or intermediary under GST only if they provide services to both the customer (trader) and the main broker. In cases where the sub-broker is only receiving a referral commission from the main broker and does not receive any consideration from the customer, they would not be classified as an agent under Section 24 and would not be required to register for GST.

    Further, some comments suggest that if a sub-broker is unregistered, the main broker must pay GST under the Reverse Charge Mechanism (RCM). In my view, this interpretation is not supported by any section or notification. RCM applies only to notified services, and sub-brokerage services are not currently notified under RCM provisions.

    Best regards,
    CA Karthik SP

  2. PRASANNAKUMAR DIGAMBARBHAI KANALDEKAR says:

    I am mutual fund distributor. Some of my friends are willing to work under my code. As of now I am not liable to pay GST. But if they join me then I have to pay GST.
    We shall divide commission in proportion to business procured. May be all are will be out of GST Regime. Then what is the solution to come out of GST Regime if none of us is liable to pay GST?

  3. harshada says:

    hi.
    I am receiving swiggy commission.
    but they are deducting GST from my amount.
    Can I claim GST Input.
    How to file gst for that.
    what amount have to show in Sale.

    Please suggest

  4. SHANKAR M K says:

    None of the query and reply are satisfactory. An Agent who brings business to a bank, like Home Loan applicants for getting Home Loan, will get a small percentage of the loan amount as commission (0.25%) of Say Rs 50 Lakhs, amounting to Rs 12,500.00. In a year, total Commission received by this agent is less than Rs 20 Lakhs. Now, the question is whether this Agent has to Register for GST? Whether he is required to pay GST and whether the same has to be deducted at Source by the Bank which pays commission?

  5. SWAROOP says:

    HI SIR, I AM DOING NETWORK BUSSINESS AND I RECEIVED COMMSSION ON THE BASED ON PERSONS JOINED IN MY NETWORK, HOW IS liabUL FOR GST .

    PLEASES CAN YOU TELL ME…

  6. suresh kumar says:

    sir,
    I am a consignee agent. company send the medicines from tamilnadu through purchase bill to kerala. i am sales the goods in kerala, then if i can give IGST bill for my commission and expense,

  7. Priyanshi says:

    i had a car selling co. and i had done a contarct with the bank for approving car loans of the customers, for which i get commision from the bank.
    What will be the GST law on such Commision??

  8. JAISIMHA G RAO says:

    Let’s take an example. A subagent buys an air ticket from an actual airline agent (IATA agent).
    The invoice says published price 1000 and commission is 100, so end of the month this subagent will send an invoice to d main agent showing commission as 100 and get at 18% so 18 trs.then this subagent will deposit 18 Rs GST with d government.
    Now, let’s say this subagent further sold this ticket to a client at 1100 Rs. which means he further added a service charge of rs 100/- and thus earned Rs 200 total.
    How will he raise this invoice to d client. He will show price of ticket 1000 and service charge 100 and gat on service charge 18 so will make an invoice of 1118 to d client.
    However if he doesn’t charge any service charge to d client and thus makes an invoice only on d price of d ticket which is 1000 Rs, how will he make tax invoice in this case. Will he show GST as nil rated OR 0% or OR exempt GST OR Out of scope of GST.

  9. P Naga Srinivas says:

    Dear sir,
    I am SEBI registerd AP/sub broker for Angel Broking and i am getting commission from them only, my annual payout 5lacs only, whether i have to register with GST or not, our broker also not clearly giving opinion to take or not, please kindly advise the same whether i have take GST or not.

  10. Y.CHANDRASEKHAR says:

    i am a life insurance agent designated as life planner
    i an getting commission,productivity incentive as well
    professional development expenses.
    i am being deducted with gst on all earnings.
    i am below 20 lacs income.
    question 1 am i to pay gst on comission
    question 2 is incentives fall under gst
    question 3 expenses are allowances are taxable under tds and gst

  11. Anjani says:

    Please advice that if the main broker in inter state, than how I will raise the bill as sub broker, whether I will charge IGST @ 18% or CGST (% and SGST 9%.
    Please clerify.

  12. HEMRAJ CHOUDHARY says:

    sir, my business of dairy products received from lotus dairy and distribute to various lotus dairy booths from pickups and Rs. 900/- per day + Diesel received from lotus dairy. what amount taxable under gst or not & what liability for registration in gst or not. please help me sir

  13. AMRUTHA says:

    IS A TELECOM DISTRIBUTOR PURE AGENT? IF SO CAN HE TAKE INPUT PURCHASES? IN GSTR1 IS IT ENOUGH TO SHOW COMMISSION RECEIVED OR HE ALSO NEEDS TO SHOW SALES?

  14. Jitendra says:

    Sir I m working in Pvt. Sector Factory and getting salary along with i have got commission from LIC and Brokerage from Mutual fund also. I am AP also but my income is less than 10 Lakhs. My Main Broker tell me to take GST Number otherwise surrender AP code. what to do ?

  15. Sandeep Kumar Jindal says:

    Sir,
    I am a rice broker from Kurukshetra Haryana. simply
    I file my ITR every year.
    Now it’s said that We are to get GST registration number And will have to pay GST at 9% each for GST and sgst.
    My annual income is lesser than 5 lakhs.
    Please guide me and oblige

  16. Pragna says:

    I am a SEBI registered sub-broker. My main broker is a member broker of exchanges and I get brokerage refund from him I have taken GSTIN no.Which form is to be filled and how to pay GST? Guidance in the matter will be appreciated..

  17. Vikflair says:

    Dear all,

    Let’s take an example. A subagent buys an air ticket from an actual airline agent (IATA agent).
    The invoice says published price 1000 and commission is 100, so end of the month this subagent will send an invoice to d main agent showing commission as 100 and get at 18% so 18 trs.then this subagent will deposit 18 Rs GST with d government.
    Now, let’s say this subagent further sold this ticket to a client at 1100 Rs. which means he further added a service charge of rs 100/- and thus earned Rs 200 total.
    How will he raise this invoice to d client. He will show price of ticket 1000 and service charge 100 and gat on service charge 18 so will make an invoice of 1118 to d client.
    However if he doesn’t charge any service charge to d client and thus makes an invoice only on d price of d ticket which is 1000 Rs, how will he make tax invoice in this case. Will he show GST as nil rated OR 0% or OR exempt GST OR Out of scope of GST.

  18. Naresh Kumar Aggarwal says:

    In my opinion, sub broker/ authorised person is not liable to compulsory registration u/s 24(vii). It is the main broker who is liable to register, as per NSE rules Authorised person is the agent of the main broker and he is giving services to the main broker not to the client and charge commission.
    So, authorised person is liable only when his commission is in excess of Rs. 20 lacs and if he is not registered then main broker is liable under RCM.

  19. Chintan Shah says:

    For Equity sub broker, what is the SAC code???

    997152 Brokerage and related securities and commodities services including commodity exchange services. GROUP 99715

    Is this right????

    Please guide.

  20. Mahesh Vora says:

    CA Priyak Jain

    Good information and enlightened.I am not sure as to ,who prepares Invoice ? Trader/Builder ? As you have mentioned in your article ” If you register for GST, you will have to make a invoice in the name of your broker at the end of every month and charge GST” .As I have understood ,Broker will have GSTIN but Invoice will be generated and uploaded by Trader or Builder as the case may be.Please clarify on [email protected]

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