Rcm on rent paid under gst

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

08 August 2017 Hello Experts, One of my client is Private Ltd Co. registered under GST Act. The company pays rent of Rs.15000 per month. The owner(Individual) is unregistered dealer. My queries are as follows: 1. Do my client (Pvt Ltd. Co.) needs to pay GST under RCM on rent paid? 2. payment to unregistered dealer to the tune of Rs. 5000 per day does not attract RCM. Can I utilise this benefit, as monthly rent paid is Rs. 15000 only. 3. Revenue secretary Hasmukh Adhia said that if the house property is rent out for shop or office purpose, no GST will be levied up to Rs20 lakh. “Rental income received from residential house is exempt. But if you have given your unit to commercial enterprise, then it is taxable if you are getting more than Rs20 lakh as rent,” Adhia. Since threshold limit is not crossed (in owner case) , still company needs to pay GST on rent under RCM

Please guide.

Thanks in Advance.

RAJA P M

RAJA P M (Expert)
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08 August 2017 1. Yes. He ll be pay tax under RCM for the rent..

2. No. Rs. 5000 booking as expense is less than 5000. It's mean we buy stationary Rs. 850 in one bill. Then we enter Stationary Rs. 850, Bill no: ....... But, we can't enter the rent as split. (rent Paid/Payable) Rs. 15000. So, the value is 15000. It's not available.

3. Residential rent is exempted. No limit. But, it's given to business then its commercial... it ll be limit for under GST. Above 20l he ll be register. If no he is URD. Then he is URD you pay tax under RCM

Finally above said query's based The company ll be pay tax under RCM...

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JAGANATHAN R ACMA, SAP(Fi-Co)

JAGANATHAN R ACMA, SAP(Fi-Co) (Expert)
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29 October 2018 Ok we paid the rent and paid RCM also., The RCM amount is it eligible to take credit.

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Guest

Guest (Expert)

29 October 2018 Isn't RCM on unregistered dealers supplies deferred till Sep' 19!

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RAJA P M

RAJA P M (Expert)
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29 October 2018 Yes... RCM amount will be take as ITC... No more restrictions...

(RCM not applicable supplies received from URD from 13th Oct 2017 to 30th Sep-2018)

Guest

Guest (Expert)

29 October 2018 Hi Raja, I meant that after amendment there is no RCM from unregistered dealers unless notified. And on cleartax website, it's showing that it is deferred till Sep 2019. Isn't it?

RAJA P M

RAJA P M (Expert)
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29 October 2018 As per Notification No. 22/2018 – Central Tax (Rate) Dt :06/08/2018 the said RCM is differed..

JAGANATHAN R ACMA, SAP(Fi-Co)

JAGANATHAN R ACMA, SAP(Fi-Co) (Expert)
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29 October 2018 Mr. Raja please share your number i will discuss some basic details 9900054424