New
March 21, 2023
By
Prerna

GST Margin Scheme for second-hand goods

The GST Margin Scheme is a scheme that allows for the payment of GST on the margin earned by the dealer, instead of the full value of the second-hand goods. This scheme is applicable only for second-hand goods, such as used cars, old machinery, and antiques, which are purchased and resold by registered dealers.

Under this scheme, the dealer is allowed to pay GST on the difference between the selling price and the purchase price of the second-hand goods, instead of the full value. This means that the GST is paid only on the profit earned by the dealer, and not on the entire value of the goods. This is beneficial for dealers who deal in second-hand goods, as they can pass on the benefits to their customers by selling the goods at a lower price.

GST Margin Scheme applicable to all second-hand goods

No, the GST Margin Scheme is applicable only to specific second-hand goods as listed by the government. As per the GST law, the Margin Scheme can be availed for the supply of second-hand goods, namely:

1. Used personal or household effects,

2. Used goods, such as vehicles, books, or furniture, which are held for personal or household use, and

3. Old and used articles of precious metals.

It is important to note that the Margin Scheme is not applicable to all types of second-hand goods, and the list of eligible goods is subject to change as per government notifications.

Conditions for availing the GST Margin Scheme

To avail of the GST Margin Scheme for second-hand goods, the following conditions must be met:

1. The supplier must be registered under GST.

2. The supply of goods must be taxable under GST.

3. The supply of goods must be from an unregistered person to a registered person or from one registered person to another registered person who deals in second-hand goods.

4. The goods being supplied must be second-hand goods, that is, they must have been used before.

5. The supplier must not have availed of input tax credit on the purchase of the goods being supplied.

6. The tax invoice issued by the supplier must clearly mention that the GST Margin Scheme is being opted for.

7. The taxable value of the supply of goods must be calculated as the difference between the selling price and the purchase price of the goods.

8. The tax liability on the supply of goods must be calculated as a percentage of the taxable value of the supply, as prescribed by the GST Margin Scheme.

9. The supplier must maintain a record of the purchase and sale of second-hand goods.

It is important to note that the GST Margin Scheme is optional, and the supplier may choose to pay tax on the full value of the supply instead of availing of the scheme.

GST Margin Scheme (GST on second hand goods) FAQs

What is the GST Margin Scheme for second-hand goods?

The GST Margin Scheme is a special scheme that allows a registered dealer to pay GST on the margin of profit earned on the sale of second-hand goods. The scheme is applicable only to those dealers who deal in second-hand goods and not to those who sell new goods.

What is the margin under the GST Margin Scheme?

The margin under the GST Margin Scheme is the difference between the selling price of the second-hand goods and the purchase price of the same. The GST will be charged only on this margin and not on the entire selling price.

Is the GST Margin Scheme applicable to all second-hand goods?

No, the GST Margin Scheme is applicable only to those second-hand goods on which the GST was paid at the time of their first supply. It is not applicable to those second-hand goods which were exempted from GST or on which the GST was not paid at the time of their first supply.

What are the conditions for availing the GST Margin Scheme?

The following are the conditions for availing the GST Margin Scheme:

1. The dealer must be registered under GST

2. The dealer must deal in second-hand goods

3. The dealer must not have claimed any input tax credit on the purchase of such goods

4. The dealer must issue a bill of supply instead of a tax invoice

Can a dealer opt-out of the GST Margin Scheme?

Yes, a dealer can opt-out of the GST Margin Scheme at any time. Once a dealer has opted out of the scheme, he cannot opt-in again for the next 12 months.

Is it mandatory to use the GST Margin Scheme?

No, it is not mandatory to use the GST Margin Scheme. If the conditions for the scheme are not met, the dealer can pay GST on the entire selling price of the second-hand goods.

How to calculate the GST under the GST Margin Scheme?

The GST under the GST Margin Scheme can be calculated as follows:

GST = (Margin x GST rate)/100

Here, the margin is the difference between the selling price and the purchase price of the second-hand goods, and the GST rate is the applicable GST rate.

What are the benefits of the GST Margin Scheme?

The benefits of the GST Margin Scheme are as follows:

1. The dealer pays GST only on the margin earned on the sale of second-hand goods, which is lower than paying GST on the entire selling price.

2. The dealer can increase the margin on the sale of second-hand goods and still pay less GST, which increases profitability.

3. The dealer can sell second-hand goods without worrying about the input tax credit, as the GST Margin Scheme does not allow input tax credit on the purchase of such goods.

Suggestions

GST on Real Estate – Joint Development Agreements (JDA)

GST on Goods Transport Agency (GTA) Services by Road

Entertainment Allowance: Meaning, Exemption, Deduction & Calculation