Forward tax charge gst related

Our client provides services under both RCM and forward charge mechanisms; the service receipnant pays the GST for RCM services to gst department, while our client pays the GST for forward charge services. The query is: can the counterparty claim the Input Tax Credit (ITC) for the GST paid to our client on forward charge services?

Replies (2)
Quick Summary
This discussion clarifies whether a counterparty can claim Input Tax Credit (ITC) for GST paid on services supplied under the forward charge mechanism. The consensus is yes, provided the supplier has issued a valid tax invoice, paid the GST to the government, and the services are not blocked credits. The counterparty's ability to claim ITC is contingent on the supplier's GST filing and the invoice reflecting in their GSTR-2B.

The counterparty is fully eligible to claim ITC on the forward charge services. Your client needs to issue a valid tax invoice, upload it in their GSTR-1, and pay the tax via GSTR-3B so that it reflects in the counterparty's GSTR-2B for a smooth credit claim.

Yes, the recipient can claim ITC on GST paid under forward charge, subject to the standard Section 16 conditions.

The 5 conditions that must all be satisfied:
1. You have a valid tax invoice from the supplier showing GST charged
2. The supplier has actually paid that GST to the government (verified via GSTR-2B)
3. You have received the goods or services
4. The GST has been paid under forward charge (supplier collected and deposited)
5. The goods or services are not in the blocked credit list under Section 17(5)

The difference under RCM: when you pay GST directly under reverse charge, you claim ITC on that same GST in the same month of payment. Under forward charge, you wait for the supplier's invoice to reflect in GSTR-2B before claiming.

Key check: if the supplier has not filed their GSTR-1, the invoice will not appear in your GSTR-2B and you cannot claim ITC for that period. Follow up with the supplier on filing status.

This GST input tax credit eligibility guide (https://taxgarden.in/blog/gst-input-tax-credit-eligibility-gstr-2b-reconciliation) covers all 5 conditions and the GSTR-2B matching process.

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