New
Published on:
March 21, 2023
By
Harshini

Goods Transport Agency under GST with RCM Perspective

Under GST policies, transportation firms acting as Goods Transport Agencies must collect value-added tax under the Inverse Charge Principle. This mechanism transfers liability for tax payments on an exchange from the provider to the recipient of goods or services. A Goods Transport Agency offers logistical coordination for road-based cargo transfers, issuing consignment notes with information like shipping details, sender identification, recipient designation, and destination address. The document serves as a contract outlining responsibilities for delivery.  

However, certain complex transactions governed by RCM can perplex both agencies and clients with differing interpretations of liability amid India's developing indirect tax framework. Manual reconciliation of tax obligations sometimes leaves room for error, though electronic invoicing may alleviate such issues over time through increased transparency. When cargo is transported by a registered goods transport agent hired by another registered business, the agent owes goods and services tax on their shipping services. 

However, the client who engaged the transporter must pay this GST under the reverse charge mechanism. Then the client can claim an input tax credit for the tax paid under RCM on their purchases. The GST rate for goods transport agency services is either 5% or 12%, determined by whether the agent has chosen to claim input tax credits. 

Agents not availing of input tax credits face a 5% rate, while those who do avail of credits are liable for GST at 12%. Both rates have components of central and state Goods and Services Tax. It is crucial to emphasize that the reverse charge mechanism on goods transport agent services is not pertinent if the transit amenities are furnished by an uncertified person or an unenrolled GTA. 

In such situations, the accountability to pay goods and services tax would be on the provider of transportation amenities, and the recipient would not be expected to pay GST under reverse charge principles. Additionally, there exist specific exceptions accessible for GTA facilities. For example, GTA facilities furnished for the conveyance of agricultural items, help materials, and defensive equipment are exempt from GST. 

Transportation amenities administered by GTAs for Government departments or local bodies are also exempted from GST. Meanwhile, GTA amenities employed for the movement of passengers are outside the extent of reverse charge and GST payment liability stays with the service provider.

Additional Considerations:

1. When a goods transport agency provides services and issues a consignment note, their services are subject to goods and services tax. However, if no consignment note is furnished, the GTA's transportation services are not taxed under the GST regime.

2. All registered businesses engaged in goods transport agency activities must compulsorily obtain GST registration, regardless of annual turnover amounts.

3. Registered GTAs must charge and deposit the applicable GST on services rendered and file periodic returns on time. In contrast, if the GTA lacks GST registration, the onus of paying the tax falls on the person who receives the transportation services.

4. The recipient procuring transport via GTA is obligated to pay GST under the reverse charge mechanism irrespective if the freight is exempt from GST or if the recipient conducts solely exempt businesses.

5. If a GTA offers transportation as a mixed supply paired with additional provision of packing and loading, the applicable GST rate on the holistic supply would align with the principal supply's rate, which in this scenario refers to the conveyance services.

6. For those eligible for the composition scheme under the goods and services tax, paying tax under the reverse charge mechanism applies at a reduced rate of half a percent when obtaining services from an unregistered goods transport agency. The goods and services tax charged at point five percent is split evenly between the central goods and services tax and state goods and services tax components.

7. Those receiving services from a goods transport agency must issue a tax invoice documenting the services and declare the goods and services tax paid under the reverse charge mechanism on their goods and services tax returns. The input tax credit for the goods and services tax paid under the reverse charge mechanism may then be used to offset the recipient's tax liability on outputs.

FAQs

Q: What precisely does the term "Goods Transport Agency" signify in the context of Indian goods and services tax?

A: Goods Transport Agency, or GTA, refers to any entity engaged in professionally facilitating the conveyance of shipments by road. Key among their responsibilities is issuing consignment notes, and legal documents enumerating transported items and serving as an acknowledgment of their acceptance for movement.

Q: According to reverse charge principles under GST, who bears liability for tax on GTA service expenditures?

A: The onus for remitting a levy on GTA services where a reverse charge applies lies squarely with the recipient of the transportation, provided they have GST registration. In other words, the customer, not the supplier, must see to clearing tax duties for these transactions between businesses.

Q: What taxation level applies to the facilitation of transportation services provided by a third party under the prerequisite of collecting duties?

A: The applicable taxation for third-party transportation assistance services collected under a reversed responsibility is 5% (2.5% central goods and services tax alongside 2.5% state goods and services tax).

Q: Is registering under the goods and services tax system mandatory for the recipient of third-party transportation assistance?

A: While registering solely to pay duties under the reversed responsibility principle is unnecessary for the recipient of third-party transportation help, engaging in taxed business dealings demands goods and services tax enrollment regardless of earnings volume.

Q: Can recipients who receive goods transportation agent services claim an input tax credit for the goods and services tax paid under the reverse charge mechanism?

A: Yes indeed, any recipient of GTA services on which tax is paid via RCM is eligible to claim ITC to offset their GST output liability. Recipients can recover the tax paid to discharge their reverse charge obligation.

Q: What is the deadline to pay the GST due under reverse charge for goods transportation agent services?

A: Recipients generally have until the 20th of the month after the month in which the services were received to pay GST under RCM for GTA services. However, input service distributors have a slightly earlier due date of the 13th of the month to pay this tax liability when they receive transportation services. Strict adherence to these payment timelines is necessary to remain compliant with GST regulations.

Suggestions

Carrying Costs of Your Accounts Receivables

Relief for MSMEs: 7 Key Measures

Section 16(4) Time Limit to Avail ITC

Updated on:
March 16, 2024