RCM Under GST Explained: A Complete Guide for Businesses



Quick Summary
The Reverse Charge Mechanism (RCM) under GST shifts the responsibility of tax payment from the supplier to the recipient for specific goods and services. This mechanism, previously seen in Service Tax, aims to protect government revenue and simplify administration. It applies in two main scenarios: based on the nature of the supply and supplier, or when a registered person receives supplies from an unregistered supplier.

RCM Under GST Explained: Your Business Guide

Normal GST Payment Process

Normal GST Payment Process

BACKGROUND OF REVERSE CHARGE MECHANISM

  • Reverse Charge Mechanism was first introduced in the Service Tax Law.
  • Now, the Government has incorporated RCM in GST.
  • The government has notified not only the supply of certain services but also the supply of certain goods under RCM.

OBJECTIVE OF THE REVERSE CHARGE MECHANISM

  • Safeguard the interest of Revenue
  • Administrative convenience of the Government
 

GST Payment in case of Reverse Charge

GST Payment in case of Reverse Charge

Statutory Provision 

Section 2(98) of the CGST Act, 2017

"reverse charge" means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of Section 9, or under sub-section (3) or sub-section (4) of Section 5 of the Integrated Goods and Services Tax Act.

 

Section 9(3) of the CGST Act, 2017

The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.

Section 5(3) of the IGST Act, 2017

The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.

Comprehend the two types of reverse charge scenarios  in GST

  • Section 9(3) of the CGST/SGST/UTGST Act and Section 5(3) of the IGST Act
  • On the nature of supply and/or the nature of the supplier
  • Section 9(4) of the CGST/SGST/UTGST Act and Section 5(4) of the IGST Act
  • On the nature of supply
  • Supply received by a class of registered persons
  • Supply made by an unregistered supplier

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RCM under GST means the recipient of goods or services is liable to pay the tax, instead of the supplier, for specified supplies.

The objectives of RCM are to safeguard government revenue and provide administrative convenience to the government.

RCM is defined under Section 2(98) of the CGST Act, 2017, and its application is detailed in Section 9(3) and 9(4) of the CGST Act, and Section 5(3) and 5(4) of the IGST Act.

RCM applies based on the nature of the supply and/or supplier (under Section 9(3) of CGST/SGST/UTGST and Section 5(3) of IGST) and when a class of registered persons receives supplies from an unregistered supplier (under Section 9(4) of CGST/SGST/UTGST and Section 5(4) of IGST).

The recipient of the supply of goods or services or both is liable to pay tax under RCM.


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About the Author

Rahul Mittal is a Founder of R A M M Co LLP, Chartered Accountants. He is a graduate and a fellow member of the Institute of Chartered Accountants of India with 9+years of standing in the profession. He has completed the Diploma in Information System Audit (DISA) from ICAI. He has also completed the certification cour ... Read more

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