Manager - Finance & Accounts
58560 Points
Joined June 2010
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:
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Your client is an individual (condition a satisfied)
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Your client issued invoice charging GST @ 12% (condition b NOT satisfied)
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The recipient is a travel company (likely a body corporate) (condition c satisfied)
So, does RCM apply?
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Since condition (b) is not met (invoice already charges GST @ 12%), RCM will NOT apply.
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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?
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FCM is the normal mechanism where the supplier charges GST on invoice and deposits it with the government.
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Since your client is charging GST @ 12%, the tax is under FCM.
Summary:
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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.
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If supplier charges GST @ 12%, then FCM applies and supplier must pay GST collected.
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Your client issued invoice charging GST @ 12%, so FCM applies, not RCM.