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Service Tax

Services covered under Reverse Charge Mechanism from 01.06.2015

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Shivani Mangla

Services covered under Reverse Charge Mechanism from 01.06.2015

(with % and type of person)

S.No. Description of service Service Provider Service Receiver
1 Insurance Agency Services Insurance Agent Any person carrying on insurance business
NIL (0%) 100% (14%)
1A Recovery Agent Services Recovery Agent Banking co./ Financial inst./NBFC
NIL (0%) 100% (14%)
1B Mutual Fund Agent/Distributor Services Mutual Fund Agent/Distributor Mutual Fund/ Asset Mgt Co.
NIL (0%) 100% (14%)
1C Selling or marketing lottery ticket Services Selling or marketing lottery Agent Lottery distributor or selling agent
NIL (0%) 100% (14%)
2 Transport of Goods by Road GTA When person liable to pay freight is Specified person
NIL (0%) 100% (14%)
 # GTA Abatement is now reduced to 70% from erstwhile 75%
3 Sponsorship Services Any person Body corporate/ partnership firm
NIL (0%) 100% (14%)
4 Legal service by advocate Individuals/ Firm of advocates Business Entity
NIL (0%) 100% (14%)
# Excluding a business entity with a turnover up to rupees ten lakh in the preceding F.Y
5 Arbitral Tribunal Arbitral Tribunal Business Entity
NIL (0%) 100% (14%)
# Excluding a business entity with a turnover up to rupees ten lakh in the preceding F.Y
5A Director services Individual Company/ Body corporate
NIL (0%) 100% (14%)
6 Government Support services Govt/ Local Auth. Business Entity
NIL (0%) 100% (14%)
except the following:
a. Renting of Immovable Property,
b. Services by Department of Post by way of Speed Post, Express Parcel Post, Life Insurance and Agency Services;
c. Services in relation to aircraft or a vessel, inside or out side the precincts of a port or an airport;
d. Transportation of goods or passengers.
Government Services NIL (0%) 100% (14%)
Yet to be notified
7 Renting of Motor Vehicle (WITH ABATEMENT @60%) Individual/ HUF/ Partnership firm AOP/ LLP Business Entity registered as body corporate
NIL (0%) 100% (14%)
Renting of Motor Vehicle (WITHOUT ABATEMENT) Individual/ HUF/ Partnership firm AOP/ LLP Business Entity registered as body corporate
50% 50%
8 Supply of manpower Individual/ HUF/ Partnership firm AOP/ LLP Business Entity registered as body corporate
NIL (0%) 100% (14%)
9 Security Services Individual/ HUF/ Partnership firm AOP/ LLP Business Entity registered as body corporate
NIL (0%) 100% (14%)
10

 

Service Portion On execution of works contract Individual/ HUF/ Partnership firm AOP/ LLP Business Entity registered as body corporate
Value of service excluding material (Taxable 100%)
50% (7%)
50% (7%)
Original Works (Taxable 40%) 50% (2.80%) 50% (2.80%)
Repair & Maintenance of any goods) (Taxable 70%) 50% (4.9%) 50% (4.9%)
Maintenance, Repairing, Completion or Finishing of immovable property (Taxable 70%) 50% (4.9%) 50% (4.9%)
11 Import of services SP located in Non Taxable Teritory Person located in Taxable Territory
NIL (0%) 100% (14%)
12 Aggregator Services Any Person Any Person
NIL (0%) 100% (14%)
# Small Service Provider’ exemption of Rs. 10 lakh is not available to recipient of service.
# Kindly refer Negative List and Exemption Notification No.25/2012 along with this chart to determine tax liability

(Author is a Taxation Consultant from Faridabad associated with TAXER and can be reached at [email protected])

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7 Comments
  1. only 40% service will be taxable pertaining to original works. 505 as not mentioned in the provisions of execution of works contracts.

  2. Hello SRIRAM

    Please read carefully. It is NOWHERE mentioned in the sheet that original work’s taxable value is 50%.

    50% is the tax sharing liability and not the taxable value. Taxable value is mentioned as 40% only which is written below the word “Original Works”

    If still there is any confusion please let me know.

  3. Hello Abhishek Arora,

    In case of Original works, it is mentioned in part (ii) of 10th point as 40% only & NOT 100%.
    Service provider and service receiver liability will be 50% of service tax i. e. 2.8% and 2.8%

    And if in first part, it is only the value of the service as it is taxed fully i.e. 100%. This is not Original Works. This is only about service portion.

    There is no mistake as I understand. If there is still any confusion, please let me know.

  4. Hello Ms Shivani

    With due respect, I would like to draw your kind attention toward original work where 100% original work is mentioned, there is one mistake. It should be 40% of work done.Service provide and service receive liability will be 50% of service tax i. e. 2.8% and 2.8%

    With Regards

  5. Hello Sir,

    Our company is Proprietorship and Security Service Provider also propritorship, who is liable to pay service tax

    Please support

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