RCM APPLICABLE

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This discussion clarifies whether Reverse Charge Mechanism (RCM) applies to warehouse rent when a son rents a property from his mother for his banana trading business. Despite the lack of a formal rental agreement for FY 2019-20, the son's turnover exceeds the GST threshold. The advice given is that RCM is not applicable to this rental income, and TDS is also not applicable as the son's turnover is below one crore.

raghavendra b

raghavendra b (Querist)
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05 February 2021 DEAR SIR,

ONE OF MY CLIENT TRADING ONLY GOODS(BANANA) EXEMPTED UNDER GST. MY QUERY IS HIS MOTHER OWNED STORAGE WARE HOUSE BOTH ARE NOT ENTERED RENTAL AGREEMENT IN THE FINANCIAL YEAR 2019-20. NOW HIS TURNOVER IS 98,00,000/- DECLARED IN GST RETURNS. NOW FOR INCOME TAX PURPOSE HIS MOTHER GOING TO FILE INCOME TAX RETURNS RENTAL INCOME FROM HIS SON AND AGRICULTURAL INCOME. MY DOUBT IS HE HAS TO PAY GST ON RENT UNDER RCM HE WILL DECLARE RENT EXPENSES FOR HIS BUSINESS MONTHLY 15000/- WHETHER BOTH GST ON RENT 18% AND TDS APPLICABLE FOR THESE. PLEASE CLARIFY ME PREVIOUS YEAR RENTAL AGREEMENT NOT DONE.

REGARDS