Whether service tax is applicable on debit note raised on group companies for expenses incurred on there behalf like travelling, staff welfare, mobile expenese. We are not providing any taxable service to these companies.
The service provider often claims reimbursement of certain expenses incurred by him (like travelling, boarding and lodging, etc.) while providing a taxable service. These are often termed as ‘out of pocket’ expenses.
Department had clarified that out of pocket expenses like travelling, boarding and lodging on reimbursable basis are not subject to service tax. Assessee will have to provide documentary evidence substantiating his claim from the gross amount. It is clarified that this is applicable in respect of all the services - Pune-I Commissionerate TN 8/98-ST dated 13-10-1998 - parallel Indore TN 5/98-ST dated 14-10-1998.
This position will now not apply under the new Valuation Rules and all such expenses will be includible in ‘value’ of taxable service. All earlier departmental circulars regarding valuation have been withdrawn as per para 4.1.13 of MF(DR) circular No. B1/4/2006-TRU dated 19-4-2006.
Para 4.1-7 of MF(DR) circular No. B1/4/2006-TRU, dated 19-4-2006, reads as follows ‘Value for the purpose of charging service tax is the gross amount received as consideration for provision of service. All expenditures or costs incurred by the service provider in the course of providing a taxable service forms integral part of the taxable value and are includible in the value. It is not relevant that various expenditure or costs are separately indicated in the invoice or bill issued by the service provider to his client’.
19 November 2007
The Finance Act, 2006, has brought about major changes in the principles of determination of the value of taxable services. Valuation of taxable services is now governed by the newly substituted Section 67 of the Finance Act, 1994, read with the Service Tax (Determination of Value) Rules, 2006 (hereinafter referred to as Valuation Rules).
As per Rule 5 of the Valuation Rules, whenever any expenditure or costs are incurred by the service provider in the course of providing taxable services, all such expenditure or costs shall be treated as consideration for the taxable services so provided or to be provided and shall be included in the value for the purpose of charging service tax on the said services.
This would mean that out-of-pocket expenses incurred by the service provider for the provision of services and charged to and recovered from the recipient of the services will be part of the value of taxable services and will be charged to service tax.
29 August 2011
bJust a thought process and I thought of sharing it with you
I was reading an article on Reimbursement of group companies which is an unavoidable process and ofcourse a contetious issue.
After a fair reading I have the following views
Reimbursement of Expenses among group companies [subsidiary] would now, according to my understanding will attract service tax in view of the enlarged definition of BSS and would be covered under the administrative services
This is because the words mentioned in the said definition “operational assistance for marketing” has now been substituted with the words “operational or administrative assistance in any manner.”
Therefore reimbursement of expense like air fare, hotel stay paid by one and claimed as reimbursement from the subsidiary through debit note would attract service tax