GST RCM on Royalty

Company paid royalty for road construction contract.whether As recipient company need to pay RCM under Gst and secondly if government deducted royalty amount from bills and government itself paid royalty..then rcm is to be paid by the company or not
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Quick Summary
This discussion clarifies the applicability of GST Reverse Charge Mechanism (RCM) on royalty payments for road construction contracts. Generally, royalty paid to the government is considered a supply, and GST under RCM may be applicable. However, if the government deducts the royalty amount directly from the contractor's bills as part of a contractual obligation, RCM is typically not required as the royalty is already accounted for within the contract value.

In my view and understanding, on Royalty paid to the Government by any business entity, has to be paid GST under Reverse charge due to the reason of services received by the Government, and not required to pay GST under Reverse Charge on Royalty deducted under Contractual obligation by the Government Departments from the bills submitted.

Thanks

As per Sec. 7 of the CGST Act, 2017, “Supply includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business”. Therefore, Royalty charges will be treated as supply as it is the right given in return of consideration in the form of charges collected. You have to pay GST on full invoice value of contract work and there is no question of RCM. As we understood royalty is deducted by the awarder from your payment like TDS and other deductions.

As per Sec. 7 of the CGST Act, 2017, “Supply includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business”. Therefore, Royalty charges will be treated as supply as it is the right given in return of consideration in the form of charges collected. You have to pay GST on full invoice value of contract work and there is no question of RCM. As we understood royalty is deducted by the awarder from your payment like TDS and other deductions.

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