TRUCK RENT TO DRIVER

This query is : Resolved 

(Querist)
08 August 2017 IF SOMEONE PAID TRUCK RENT TO TRUCK DRIVER INSTEAD OF GTA.. THAN ANY LIABILITY ARISE FOR GST OR IN RCM ??

08 August 2017 Truck driver is representing the truck owner hence it is as good as paying to GTA

dev (Querist)
08 August 2017 I JUST TALKED WITH GST CUSTOMER CARE THEY REFUSE TO IMPLEMENT GST ON INDIVIDUAL TRUCK DRIVER IS IT RIGHT ??

10 August 2017 They are quite right, but you will be liable under RCM

dev (Querist)
12 August 2017 Any further clarification for this plz.. still confused !! ?

02 August 2025 Great question! Hereโ€™s the GST treatment for **truck rent paid directly to a truck driver instead of a Goods Transport Agency (GTA)**:

### 1. **Is GST applicable on truck rent to driver?**

* When you pay **rent to a truck driver (individual or owner-driver)** for using their truck, it is generally treated as a **service of renting of goods transport vehicles**.

* This service is **subject to GST** at the applicable rate (usually 5% without ITC for transport services).

### 2. **Who is liable to pay GST?**

* **If the truck driver/owner is registered under GST**, then **he has to charge GST** on the rent and you pay it as normal.

* **If the truck driver is not registered**, then **Recipient (you) may be liable to pay GST under Reverse Charge Mechanism (RCM)** depending on whether the driver is registered or unregistered and nature of service.

### 3. **Is RCM applicable on payment to truck driver?**

* **RCM under GST is applicable for GTA services** when the GTA is unregistered.

* However, **when you pay rent directly to an individual truck driver (not a GTA), the applicability of RCM is ambiguous but generally not applicable.**

* This is because **RCM on GTA services applies only when the GTA is unregistered and providing GTA services.**

* Truck rent to driver may be treated as a supply of renting services, which is a separate category.

### 4. **Practical conclusion:**

* If you pay truck rent to a driver who is **registered under GST**, you will get a GST invoice from him and pay GST as usual.

* If the driver is **unregistered**, generally you **do not have to pay GST under RCM** because renting a truck by an individual driver is not classified as GTA services.

* But GST law can be complex and interpretations vary โ€” best practice is to:

* Get the driver registered for GST if turnover exceeds threshold.

* Obtain proper invoices showing GST.

### Summary:

| Scenario | GST liability | RCM Applicability |
| ---------------------------------------- | ---------------------------------------------- | ------------------------------- |
| Truck rent paid to registered driver | Driver charges GST normally | Not applicable |
| Truck rent paid to unregistered driver | No GST charged by driver | Usually no RCM |
| Payment to GTA (registered/unregistered) | GST charged by GTA/RCM applies if unregistered | RCM applies if GTA unregistered |

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**If you want, I can help you draft a sample invoice or letter clarifying this with the driver!** Would you like that?


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