CBIC issued Clarification in respect of Levy of GST on DIRECTOR'S REMUNERATION...

The CBIC issued Circular No. 140/10/2020 - GST, dated 10th June 2020 to give clarification in respect of classification of Director's Remuneration as same under SCHEDULE III as "SERVICES BY AN EMPLOYEE TO THE EMPLOYER IN THE COURSE OF OR IN RELATION TO EMPLOYMENT" or its taxability under RCM as per Notification 13/2017 - Central Tax (Rate).

The services provided by Director, not being an employee of the company, in lieu of remuneration are outside the scope of SCHEDULE III and therefore covered under Notification 13/2017 - Central Tax ( Rate ), dated 28.06.2017, wherein the recipient of services i.e. company shall be liable to discharge liability under reverse charge ( RCM ).

If the Director is an employee of the company, the taxability needs to be determined in terms of the activities performed by the director in the course of employer-employee relation or under a contractual relationship.

a). The Director's Remuneration, so far as it is declared 'SALARIES' in the books of a company and subjected to TDS under Section 192 of the Income Tax Act 1961, shall be treated as consideration for services by an employee to the employer in terms of Schedule III of the CGST Act, 2017. Hence "NO GST IS APPLICABLE."

b). Director's Remuneration which is classified as other than 'salaries' and subjected to TDS under Section 194J of the Income Tax Act 1961, as "Fees for Professional or Technical Services" shall be treated as consideration for providing services which are outside the scope of SCHEDULE III, and accordingly shall be taxable under reverse charge basis by virtue of Notification No. 13/2017 - Central Tax ( Rate ), dated 28.06.2017.

SOURCE : CBIC Official Website ( Circular No. 140/10/2020 - GST, dated 10th June 2020 ).
Replies (2)
Quick Summary
The CBIC has issued a clarification regarding the Goods and Services Tax (GST) on director's remuneration. Services provided by a director who is not an employee are generally taxable under the reverse charge mechanism (RCM), meaning the company receiving the service is liable for the GST. However, if the director's remuneration is treated as 'salaries' and subject to TDS under Section 192 of the Income Tax Act, it falls under the employee-employer relationship and is therefore exempt from GST.

Useful information
Yes it is a nice move by govt giving clarification on Director Salary

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details