RCM/FCM

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CIRCULAR:RCM shall be applicable on the service by way of renting of motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient only if the supplier fulfills the all the following conditions
a) is otherthan a body corporate
b) does not issue an invoice charging GST @ 12%
c) supplies the service to a body corporate

DOUBT:my client( individual) providing transport services to a travels(company) and issued invoice charging gst @ 12%
please clarify whether FCM applicable in this case and why not RCM
Replies (1)

Great question, Surender!

Here’s the deal on RCM (Reverse Charge Mechanism) and FCM (Forward Charge Mechanism) in the context of renting motor vehicles:

What the circular says about RCM on renting motor vehicles:

RCM applies on renting of motor vehicles designed to carry passengers only if ALL the following conditions are met:

a) The supplier is other than a body corporate (i.e., individual, partnership, etc.)
b) The supplier does NOT issue an invoice charging GST @ 12%
c) The service is supplied to a body corporate

In your client’s case:

  • Your client is an individual (condition a satisfied)

  • Your client issued invoice charging GST @ 12% (condition b NOT satisfied)

  • The recipient is a travel company (likely a body corporate) (condition c satisfied)

So, does RCM apply?

  • Since condition (b) is not met (invoice already charges GST @ 12%), RCM will NOT apply.

  • Your client is charging GST on the invoice, so the recipient (the travel company) does not have to pay GST under reverse charge.

What about FCM?

  • FCM is the normal mechanism where the supplier charges GST on invoice and deposits it with the government.

  • Since your client is charging GST @ 12%, the tax is under FCM.

Summary:

  • RCM applies only if the supplier does not charge GST @ 12% and is an individual/other than body corporate supplying service to a body corporate.

  • If supplier charges GST @ 12%, then FCM applies and supplier must pay GST collected.

  • Your client issued invoice charging GST @ 12%, so FCM applies, not RCM.


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