RCM on transportation bill from unreg transporter

If the transporter is GTA, then GST needs to be paid to paid under RCM. Otherwise not required

As per Notification No.8/2017-Central Tax (Rate) dated 28th June 2017, intra-state supplies of goods or services or both received by a registered person from any unregistered supplier, is exempted from GST if it does not exceed Rs. 5,000 in a day.

As per Notification No. 5/2017- Central Tax dated 19/06/2017, a person who is engaged in making only supplies of taxable goods/services on which reverse charge applies is exempted from obtaining registration under GST.

Thus, a GTA does not have to register under GST if he is exclusively transporting goods where the total tax is required to be paid by the recipient under reverse charge basis (even if the turnover exceeds 20 lakhs).

As per Notification No. 13/2017- Central Tax dated 28/06/2017 the person who pays or is liable to pay freight for the transportation of goods by road in goods carriage, located in the taxable territory shall be treated as the receiver of service.

Payment is by sender

If the supplier of goods (consignor) pays the GTA, then the sender will be treated as the recipient. If he belongs to the category of persons above then he will pay GST on reverse charge basis.

Payment by Receiver

If the liability of freight payment lies with the receiver (Consignee), then the receiver of goods will be treated as a receiver of transportation services. If he belongs to any of the above category of persons, then he will pay GST on reverse charge basis.

If GTA pays GST

GTA has 2 options-

12% GST with ITC *

OR

5% GST with no ITC*

However, the GTA has to opt at the beginning of financial year.

*As per Notification No. 20/2017-Central Tax (Rate) 22nd August, 2017

If Service Receiver pays GST under RCM

Service receiver can always avail ITC on GST paid under RCM.