As we all welcome GST there are many things left unsaid that needs to be clarified and creating lot of trouble and confusion in the minds of the traders. Government is coming up with various notifications for the smooth working of this new tax regime and one of such important notification issued by the government is to give marginal relief to dealers dealing in second hand goods Example Car Dealers, Jewellers, etc.

A second hand dealer of goods works in two ways:- (1) He buys the goods from one person and sell it to other keeping his margin of profit. (2) He helps in selling the goods on some commission.

The second way of doing business i.e. on commission basis has been specifically dealt in the law and is termed as service and the same is taxable presently @18%.

However there is lot of misunderstanding, confusion in the dealers where the dealer buys the goods from one person and sells the same to the other. In this Article I have tried to work down various provisions related to the sale of Second Hand Goods which may bring some clarity to this issue.

Now under the GST Regime there is no difference on the rate of tax to be charged on the new or second hand goods. So if a new car attracts say 28% of GST the rate of GST applicable to second hand car will also be 28%. Now dealers are of the view that such a high rate of tax will completely ruin the business of the second hand market but this misconception has been created in the minds of these dealers by some so called GST experts.

Under the GST regime the Second Hand Goods industry is facing two major problems:

(a) Do they have to pay tax under Reverse Charge under Section 9(4) of the Act on the goods which they purchase from common people who are unregistered as Sec 9(4) says that if a registered dealer make purchase from unregistered dealer above Rs.5000/- per day he will have to pay tax under Reverse Charge on the behalf of that unregistered dealer.

(b) Do they have to pay tax on the full rate as applicable to the new goods at the whole of the value charged from the buyer.

Government by way of various notifications has tried to answer these concerns of the Second hand Goods Industry.

Now for the 1st issue the government has come up with Notification No.10/ 2017- Central Tax (Rate) dated 28.06.2017 under Section 11(1) of the Act giving some marginal relief to these second hand goods dealers.

This notification has provided certain exemption in respect of Section 9(4) from payment of tax on the purchase of these goods under Reverse Charge. The Notification says that if the dealer is paying the tax on the sale of these second hand goods he will be exempt from paying the tax on its purchase from unregistered dealer under Section 9(4).

So government by way of this notification has given a big relief to these dealers so their valuable capital should not be blocked by unnecessary paying the tax at the time of purchase and then claiming its credit at the time of its sale.

Now the answer of the second problem lies in the valuation rules notified by the Government vide Notification No.10/2017 – Central Tax dated 28.06.2017. Rule 32 (5) of the Act specifically deals with the valuation of the Second hand goods. As the tax has to be paid on the value to be determined by the valuation rules. The valuation rules are of prime importance.

Rule 32(5) of the Act provides where a taxable supply is provided by a person dealing in buying and selling of second hand goods i.e. used goods as such or after such minor processing which does not change the nature of the goods and where no input tax credit has been availed on the purchase of such  goods, the  value  of  supply  shall  be  the  difference  between  the  selling price  and the purchase.

Now let’s understand this with an example

‘A’ a unregistered common man goes to a Car dealer to sell his car for let’s say Rs.400000/-. Now the car dealer who is dealing in the business of second hand goods purchase that car and sells the same to another person say ‘B’ at Rs.500000/-. Now the rule says that the tax shall not be paid on the full amount of Rs.500000/- but on the difference between the selling and the purchase price i.e. (Rs.500000/- – Rs.400000/- = Rs.100000/-).

So by way of this valuation rule the government had tried to give relief to this trade that the tax will have to be paid not on the whole of the amount but only to the value addition done by the second hand dealer thus minimizing the cascading effect.

However there is condition to this valuation rule that the nature of good should not changes due to possessing. Similarly in the marginal scheme notification the relief is available only if the same goods are sold.

Lets take an example.

‘A’ goes to a Jeweller to sell his gold ring for say Rs.20000/-. Now if the Jeweller sells that gold ring to another person ‘B’ for say Rs.25000/- the valuation rules says that the value of such supply will be Rs.5000/- and GST has to be paid on Rs.5000/- which is 3% at present. However if the Jeweller melts that ring and makes another ring or any other jewellery and sells the same then valuation under this Rule will not be applicable and now if he sells the new product Rs.25000/- he will have to pay tax on whole of Rs.25000/- and not on his margin.

In the case where the nature of the goods are changed even the marginal scheme under Section 11(1) of the Act will not be available and the second hand dealer will also have to pay tax on the Purchase of second hand goods under Section 9(4) under the Reverse Charge and then he will be allowed claim the ITC of the same while discharging his output liability.

So to some extent the government has given some relaxation to the second hand goods industry.

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12 responses to “GST- Taxation on Second Hand Goods- Marginal Scheme”

  1. CA ARUN GUPTA says:

    As you told that GST is applicable on margin in case of second hand goods dealer. Now suppose I am a second hand dealer of bikes. I purchase a bike for Rs. 20,000 and sell it at 30,000. So now assume GST rate is 10 percent. Then while making tax invoice I would show it as follows:
    Sale of bike = 30,000
    GST@10% = 1,000
    Total = 40,000
    so don’t you think that the person who is purchasing from me would automatically know about my profit amount. Because the rate is 10 percent so i should have charged 3000 as gst on 30,000. But i had charged 1,000. then it shows that ur profit is 10,000 and u r charging gst on it.
    HOW TO HANDLE THIS SITUATION?

  2. Geetha says:

    Whether the Second hand goods Margin scheme is applicable for the dealer who deals new products as well as Second Hand goods.

  3. shahbaz anwar says:

    can a second hand car dealer avail composition scheme. and if yes what will be value will be considered for calculating the 75 Lacs turnover to avail composition scheme whether “profit margin” or “sale price” . Please clarify

  4. Sanjay kumar says:

    Sir I’m registered dealer in gst. My gst registration in Punjab. I’m purchased used old empty cement bags from unregistered dealers. I’m selling it rajasthan. I’m purchased this bags Rs 2.90/- per bag and sell Rs 3.00 per bag. Total bags in truck 50000. Total profit Rs 5000/.- New plastic Pp bags tax ratio is 18 percent in gst code 3923 . So what are you suggesting me. My trading goods in 3923 code or 32(5)

  5. DEEPAK JAIN says:

    Sir my two query on the issue.
    1) In dealing in 2nd hand goods (nature of good not changed due to possessing) which amount is to be shown in gstr-1 for outward supplies.
    2) Whether the dealer dealing in both the methods of trade (1) He buys the goods from one person and sell it to other keeping his margin of profit. (2) He helps in selling the goods on some commission can opt for composition scheme.

    • Varunchadha says:

      Sir reciving commission will be treated as service and u cannot opt for composition for any service other than restaurant service. So normal registration has to be taken.
      Reg the amount of outwrd supply.. Valuation rules says it will be the diff of ur sale and purchase value. So that diff amount is to be shown in your return

  6. Ankit Shah says:

    House wives exchanging old gold ornaments for new, will it be liable to RCM ? Can v treat the supply in course or furtherance of business activites ?

    • Varunchadha says:

      Purchase of old ornaments by jeweller will be in course of furtherance of his business

      • CA ARUN GUPTA says:

        But sir reverse charge is applicable when there is a supply in course of business. But here the supplier (Housewives) is not supplying the gold ornaments in course or furtherance of their business. This is not their business. This is business from perspective of Jewelers. But in this case the jeweler is not supplying, he is purchasing.

  7. Ankit Shah says:

    Sir, in Mumbai, it is normal practice that 2nd hand car dealers only take delivery of the vehicle for selling it or keeping it at his showroom for sale. The transfer docs are not signed for transfer in the name of such dealers. Such dealers do not become the owners of the vehicle. They act only as facilitators. In such a case, will the supply of vehicle by a unregister person to such a car dealer will be treated as one for RCM ? Can v treat this transaction as supply in the course of business of such owner of the vehicle ?

    • Varunchadha says:

      When the ownership does not passes there will be no supply. You will only have to pay tax on the commission charged by you

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