RCM GST on advance rent paid in July24

Dear Experts,

We are registered GST dealers.

We paid advance rent to unregistered person in July-24 for 6 months, for period from 1/7/24 to 31/12/24, for commercial property.

Now new RCM on rent is applicable wef 10/10/24, so do we have to pay RCM for rent from 10/10/24 to 31/12/24 now, on rent which was already paid in July-24.

Confusing scenario, please guide.

Replies (3)
Quick Summary
This discussion addresses a query regarding Reverse Charge Mechanism (RCM) on advance rent paid in July 2024 for a commercial property. The user paid six months' rent upfront to an unregistered person before the new RCM rules, effective from 10th October 2024, came into force. The core question is whether RCM needs to be paid on the portion of rent falling after the RCM applicability date. Initial advice suggests reviewing the contract, consulting a tax expert, and contacting the GST helpline for definitive guidance. However, a subsequent response clarifies that since the rent was paid in July, before the RCM date, RCM is not applicable on that payment.

I understand your concern. The new RCM (Reverse Charge Mechanism) on rent applicable from 10/10/24 has created a confusing scenario for you. Since you've already paid advance rent to an unregistered person in July-24 for the period from 1/7/24 to 31/12/24, you're wondering if you need to pay RCM on rent from 10/10/24 to 31/12/24. Here's a suggested approach: 1. _Review the contract_: Check your rent agreement or contract to see if it mentions anything about tax implications or RCM. 2. _Consult a tax expert_: Reach out to a chartered accountant or tax consultant who can provide personalized guidance based on your specific situation. 3. _Contact the GST helpline_: Reach out to the GST helpline or the GST department's official website for clarification on this specific scenario. 4. _Assess the liability_: If RCM is applicable, calculate the liability for the period from 10/10/24 to 31/12/24. Remember, it's always best to seek professional advice to ensure compliance with GST regulations.

Reposted. As there is no satisfactory reply received yet.

Please guide.

 Rent paid in July-24.Since the rent was paid in July-24, which is before the RCM applicability date, you don't need to pay RCM on that rent amount.

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