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Rcm services under sec.5(3)

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Pl.tell me list of RCM services fall under section 5 (3)

Rental car used in Karnatak state
car service provider is unregistered
car service recipient is registered body corporate and registered in maharashtra.

whether RCM is payable as sgst +cgst or Igst.
Replies (1)

Hey Rajkumar! Here's what you need regarding RCM services under Section 5(3) of the IGST Act and your specific query:


1. List of services under Section 5(3) of IGST Act (RCM on services by unregistered suppliers):

Section 5(3) says the recipient is liable to pay GST (RCM) when they receive notified services from unregistered suppliers.

Common notified services under Section 5(3):

  • Services by way of transport of goods by road (freight) by an unregistered person.

  • Services of renting of motor vehicles designed to carry passengers, if the supplier is unregistered and the recipient is a registered person.

  • Services provided by Directors to a company.

  • Services by advocate or firm of advocates to business entities.

  • Services by Government or local authority to business entities.

  • Services by arbitral tribunal to business entities.

  • Services by individual advocate or firm of advocates to business entities.

  • Services of sponsorship to a body corporate.

  • Services provided by authorised service stations to car/bike owners.

(Note: The exact notified list can be updated by the government from time to time.)


2. Regarding your case:

  • Rental car used in Karnataka (supplier unregistered)

  • Recipient is a registered body corporate in Maharashtra

Since the service provider (car rental) is unregistered and the recipient is a registered body corporate, RCM is applicable as per section 5(3).


3. Is RCM payable as CGST+SGST or IGST?

The rule is:

  • If place of supply and recipient are in different states, IGST is applicable under RCM.

  • If both are in the same state, then CGST + SGST under RCM.

Here, the supplier is in Karnataka, and the recipient is in Maharashtra — interstate supply.

So, RCM payable is IGST at applicable rate (e.g., 12%).


Summary:

Condition GST under RCM
Supplier unregistered Yes, RCM applicable
Recipient registered body corporate Yes, liable to pay RCM
Interstate supply (Karnataka to Maharashtra) Pay IGST under RCM


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