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Published on:
February 20, 2023
By
Prudhvi Raj

GST Liability on Commission Agents/Brokers in India

GST liability on commission agents/brokers can be a complex topic for many business owners and startup founders. As a commission agent or broker, you may be wondering how your GST liability is calculated and what your responsibilities are under the GST regime. In this article, we will explore the different aspects of GST liability on commission agents/brokers in India, including the definition of commission agents/brokers, their role in the supply chain, and how GST applies to their transactions.

What are commission agents/brokers?

Commission agents/brokers are intermediaries who act on behalf of buyers or sellers in transactions. They earn a commission or fee for their services. Commission agents are commonly used in the sale of agricultural produce, such as fruits, vegetables and grains, and in the sale of goods such as textiles, electronics and machinery.

Role of commission agents/brokers in the supply chain

Commission agents/brokers play an important role in the supply chain. They connect buyers and sellers, negotiate prices, and facilitate the exchange of goods and services. They also provide services such as storage, transportation, and packaging.

Commission agents/brokers can be categorized into two types:

  • Principal-to-principal commission agents/brokers: These agents/brokers act on behalf of the buyer or seller and earn a commission for their services. They do not take ownership of the goods.
  • Del-credere agents: These agents/brokers guarantee the payment to the seller and undertake the credit risk. They earn a higher commission for this additional service.

GST liability on commission agents/brokers

Commission agents/brokers are required to register for GST if their annual turnover exceeds Rs. 20 lakhs. They are also required to collect GST from their clients and pay it to the government. However, the GST liability on commission agents/brokers depends on various factors, such as the type of agent/broker, the nature of goods or services, and the place of supply.

The following are the different scenarios that affect GST liability on commission agents/brokers:

1. Principal-to-principal commission agents/brokers

If a commission agent/broker is acting as a principal-to-principal agent, they are not liable to pay GST on the goods or services they are selling. The GST liability falls on the buyer or seller, depending on who is the actual supplier of the goods or services.

2. Del-credere agents

If a commission agent/broker is acting as a del-credere agent, they are liable to pay GST on the commission earned and the del-credere commission. The GST liability on the goods or services sold by the agent/broker falls on the ultimate buyer or seller, depending on who is the actual supplier of the goods or services.

3. Supply of goods or services outside India

If a commission agent/broker is involved in the supply of goods or services outside India, they are not liable to pay GST on the commission earned. However, they are required to furnish a declaration in Form GSTR-3B and GSTR-1.

4. Reverse charge mechanism

If a commission agent/broker is purchasing goods or services from an unregistered dealer, the GST liability falls on the agent/broker under the reverse charge mechanism. The agent/broker is required to pay GST on the value of the goods or services purchased.

Conclusion

GST liability on commission agents/brokers can be a complex issue, but understanding the different scenarios that affect GST liability can help you comply with the GST regulations. As a commission agent/broker, it is important to register for GST if your annual turnover exceeds Rs. 20 lakhs, collect GST from your clients, and pay GST to the government. You should also keep yourself updated on the latest GST regulations and seek professional advice if you have any doubts or questions.

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Updated on:
March 16, 2024