28 March 2023
Please advise, if a Destination management company, based in DELHI providing hotel and land arrangements in a foreign country, can raise an Invoice on travel agents in India, without having their GST no.. Thanks
09 July 2024
If a Destination Management Company (DMC) based in Delhi is providing services (hotel and land arrangements) to travel agents in India for trips to a foreign country, it typically needs to consider the GST implications based on the nature of services provided and the location of the recipient (travel agent).
Here are some key considerations:
1. **GST Registration Requirement**: - As per GST regulations, any person or entity providing taxable services in India with an aggregate turnover exceeding the threshold limit (currently ₹20 lakhs, or ₹10 lakhs for special category states) must mandatorily register for GST. - If the DMC's services to the travel agents are considered taxable under GST (which they likely are if they involve providing accommodation and other arrangements), the DMC should obtain GST registration.
2. **Invoice Issuance**: - GST rules mandate that a registered person must issue a GST-compliant tax invoice when supplying taxable goods or services. - Since the DMC is based in Delhi and is providing services to travel agents in India, it must issue tax invoices that comply with GST regulations. - The invoice should include details such as GSTIN (if registered), invoice number, date of invoice, recipient's name and address, description of services provided, taxable value, applicable GST rate, and amount of GST charged.
3. **GST on Services Provided**: - The DMC will charge GST on the services provided to the travel agents. The rate of GST will depend on the nature of services (e.g., accommodation services typically attract GST at applicable rates). - Even if the travel agents are not GST registered, the DMC is still required to charge GST on its services and remit the tax collected to the government.
4. **Non-GST Registered Recipient (Travel Agents)**: - If the travel agents are not registered under GST, they cannot claim input tax credit (ITC) for the GST charged by the DMC. - However, this does not exempt the DMC from its obligation to charge GST and remit it to the government.
5. **Impact of GST Registration**: - Once registered for GST, the DMC will need to comply with GST filing requirements (such as GSTR-1 for outward supplies) and payment of GST on a regular basis.
### Conclusion:
In summary, the Destination Management Company (DMC) based in Delhi must obtain GST registration if its aggregate turnover exceeds the threshold limit and it is providing taxable services to travel agents in India. The DMC should issue GST-compliant tax invoices to the travel agents, even if the agents themselves are not registered under GST. This ensures compliance with GST regulations and facilitates proper accounting and payment of GST to the government. If there are uncertainties or specific details about the DMC's operations, consulting with a GST expert or a chartered accountant would be advisable to ensure full compliance with GST laws.
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