Manager - Finance & Accounts
58399 Points
Joined June 2010
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):
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Services by way of transport of goods by road (freight) by an unregistered person.
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Services of renting of motor vehicles designed to carry passengers, if the supplier is unregistered and the recipient is a registered person.
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Services provided by Directors to a company.
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Services by advocate or firm of advocates to business entities.
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Services by Government or local authority to business entities.
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Services by arbitral tribunal to business entities.
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Services by individual advocate or firm of advocates to business entities.
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Services of sponsorship to a body corporate.
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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:
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:
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If place of supply and recipient are in different states, IGST is applicable under RCM.
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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 |