RCM under GST


This query is : Resolved 

Quick Summary
The applicability of Reverse Charge Mechanism (RCM) under GST on notary charges depends on several factors. Generally, legal services provided by advocates are subject to RCM when received by businesses. However, notary services may be exempt or not attract GST, especially if provided by a government authority or if the notary is unregistered. It's crucial to check the invoice and the notary's registration status to determine if RCM applies.

(Querist)
04 July 2020 Is RCM under GST payable on Notary charges payable to Notary pl.

05 July 2020 NO, not applicable

20 July 2025 Regarding RCM on Notary charges under GST:

Notary services are covered under legal services.
Under GST, legal services provided by an individual advocate or firm are subject to RCM (Reverse Charge Mechanism) when received by a business entity or body corporate.
However, not all legal services are under RCM. For example, services provided by a government authority or notary public may not always attract GST or RCM depending on the nature of service.
What the Notifications say:
As per Notification No. 13/2017- Central Tax (Rate), services by an individual advocate or firm of advocates by way of legal services are under RCM.
But for notary public services, generally no GST is charged on fees collected by notary, as per service tax rules and interpretation under GST.
So:
If notary charges are paid to an unregistered notary (individual or firm), GST under RCM may apply.
If the notary is government authority or exempt, then no GST or RCM applies.
Usually, notary fees are exempt or out of GST scope in many cases, but check the invoice and registration status of the notary.
Conclusion:
Check if the notary charges have GST charged or not.
If not charged and the notary is an unregistered service provider, RCM may be applicable.
If notary fees are exempt, then no RCM applies.


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