Rcm on rent paid

I am running business where in im paying rent to land lord who is unregistered under gst act .whether rcm paid on rent along with 3b can be claimed in same month or next month .please clarify

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Quick Summary
This discussion clarifies when you can claim Input Tax Credit (ITC) on rent paid under the Reverse Charge Mechanism (RCM) when the landlord is unregistered. The ITC can be claimed in the same month you pay the RCM liability via GSTR-3B, or any month thereafter, provided you meet the statutory deadlines. Key requirements include generating a self-invoice, paying the RCM tax, and filing your return.

  • Timing: ITC on RCM rent can be claimed in the very same month the RCM liability is paid via GSTR-3B, or in any subsequent month within the statutory deadline under Section 16(4).

  • Prerequisite: You must ensure the self-invoice is generated, the RCM tax is successfully paid through the electronic cash/credit ledger, and the return is filed.

Rcm paid on rent along with3b by cash in bank whether this amount will be credited in my cash ledger .

Same month works, and you don't have to wait for the next one. The order matters though:

1. Raise the self-invoice (Section 31(3)(f)) and a payment voucher for the rent.
2. Pay the RCM tax in CASH through the electronic cash ledger. RCM tax cannot be paid from the ITC balance.
3. In GSTR-3B of that month, show it in Table 3.1(d) (inward supplies liable to reverse charge).
4. Take the ITC in Table 4(A)(3) of the same return, or any later month before the Section 16(4) cut-off (30 November following the financial year, or the annual return date, whichever is earlier).

Two checks before you do this:
- If the property is commercial, RCM on rent from an unregistered landlord applies from 10 Oct 2024 (Entry 5AB). If it is a residential flat, RCM applies only when you are registered and the rent is on account of the business.
- If you are under composition, RCM on commercial rent does not apply to you.

So if you paid the tax and filed the return, the credit is available in that same filing. If the self-invoice was missed for earlier months, raise it now and pay the tax, then check the interest position.

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