Hi,
can someone help me with whether RCM is applicable on air freight while making the import of goods on FOB basis ?
and will it have any different applicability if goods are on CIF basis?
Applicability of Reverse Charge Mechanism (RCM) on Air Freight for Import of Goods
Under the GST regime in India, the applicability of Reverse Charge Mechanism (RCM) on freight depends on the terms of the contract (FOB or CIF basis) and the type of freight (air or sea). Let's analyze both scenarios:
1. On FOB Basis (Free on Board):
- Responsibility for Freight: In FOB terms, the importer (you) is responsible for arranging and paying for the transportation of goods from the port of export to India.
- RCM Applicability on Air Freight:
- As per Notification No. 10/2017-Integrated Tax (Rate), RCM applies on freight charges if the importer pays for the freight and the supplier of service is located outside India.
- However, air freight for goods transported into India is exempt from GST under Notification No. 12/2017-Central Tax (Rate) (entry no. 19A and 19B). This exemption applies regardless of whether the freight is under FOB terms.
2. On CIF Basis (Cost, Insurance, Freight):
- Responsibility for Freight: In CIF terms, the seller arranges and pays for the freight and insurance up to the port of import in India. The cost is included in the value of goods for customs purposes.
- RCM Applicability on Air Freight:
- Since the seller (exporter) bears the freight cost and includes it in the invoice, there is no direct payment of freight charges by the importer.
- Consequently, RCM is not applicable to the importer for air freight under CIF terms.
Comparison of FOB and CIF Basis:
| Basis | RCM Applicability on Air Freight | Reason |
|---|---|---|
| FOB | Not Applicable | Air freight for imported goods is exempt from GST as per Notification No. 12/2017. |
| CIF | Not Applicable | Freight is included in the value of goods, and the importer is not liable for direct freight payment. |
Key Considerations:
- Air Freight Exemption: GST is generally not applicable on air freight for import of goods, making RCM irrelevant for air freight transactions.
- Customs Valuation: Ensure the freight cost is correctly included in the assessable value of goods for customs duty purposes under both FOB and CIF terms.
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