Is incentive taxable under GST?

Company ABC Ltd. Appoints its distributors and as a business promotion strategy it commits an ROI of 30 %, for the first year, to them on an investment of 2 Crores.

The company considers that the distributor will get a margin of 5% on completing  a business cycle of procuring goods worth 2 crores and selling them to dealers/ retailers. During a year the distributor will complete 6 such business cycles and will achieve margin or ROI of 6 cycles multiplied by 5% Margin equalling to 30% committed ROI.

If a distributor completes 4 of such cycles it will receive a margin of 4 x 5% = 20% ROI and balance 10% of the ROI will be given by the company as per commitment and written agreement.

If a distributor completes 0 of such cycles it will receive a margin of 0 x 5% = 00% ROI and balance 30% of the ROI will be given by the company as per commitment and written agreement.

This balance of ROI given by the company to the distributor will be considered as an incentive/ scheme and TDS will be deduct under section 194 R and GST will not be applicable on it as incentive is exempt from GST.

Or it will be treated something else, if yes, what and how?

Replies (2)
Quick Summary
This discussion explores whether incentives paid to distributors, based on a committed ROI, are taxable under GST. The company provides a 30% ROI guarantee on a 2 crore investment for the first year. If distributors don't achieve the full margin through sales cycles, the company tops up the difference as an incentive. The core question is whether this incentive is considered commission (and thus subject to GST) or a business promotion expense exempt from GST, with differing views presented on its tax treatment.

In my under standing and knowledge it will be purely business income and treated as commission and 18% of GST is payable on such consideration.

The Comapny is not selling any goods or services to the distributor/ dealer. it is compensating the margin the distributor would have earned/ received on completing 6 business cycles. how it can be considered as commission if sale is not there?

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