Reverse charge

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hello sir, one of our client has paid security charges to an individual. whether RCM would be applicable under security services??
Replies (21)

Dear Kunal 

As per latest notification security charges added with supply of manpower and therefore reverse charge will be applicable in this case. (if the individula is charging service tax amount then it should be done as per 25%-75%) please find the same on google. it will help you in this case.

Regards 

What will be the case if individual is not charging service tax?? Thank you for reply sir.

Dear

Then reverse charge is not applicable. :)

(Jab service tax is not charged to you dear how can you pay it ) :))

all the best 

Kunal,

RCM shall be applicable only if your client is a body corporate. If not a body corporate, then normal provisions shall apply and service tax should be paid by provider only.

If RCM is applicable, then service provider will charge only 25% of service tax in his invoice, the remaining 75% is the liability is of your client (service receiver) which shall be paid by him independently. (invoice value = Service charges + 25% * 12.36% * service charges)

This implies that service receiver will compulsorily have to pay the balance 75% of service tax, irrespective of whether SP is paying service tax or not.

You need to pay service tax if your client is registered as body corporate. Service tax: value of service X 25% X 12.36% Note : irrespective of the fact that the service provider charging the service tax or not the service receiver need to pay service tax because the liability of service provider and service receiver is independent. May analysis help u
Replace 25% with 75% sorry for mistake
Dear Sunil and Rashmi, i have a question on the same please clarify. Suppose a bill is raised by X to a corporate for 10000. And X is small service provider not registered as his services is less than 9lakhs. Now also corporate will deposit 75% of 1236/-??? Secondly if yes then how government will recover the their REVENUE balance amount of 25% of 1236/- ?? ( as the person is not liable to pay service tax mean service provider) regards and thanks for a wonderful reply.
Dear kunal yes Rashmi is correct. i made mistake in above post please consider. It is clearly mentioned a corporate has to pay his 75% share even if the amount not charged in invoice as the liability of service provider and service receiver are different and independent of each other. Regards
If service is falls under the notification for RCM services than service receiver needs to pay his portion of liability it doesn't matter that service provider is not charging any thing or he is not registered or not liable to pay his portion of liability. As per notification both are independent.
Mr. Kunal Govt. Implement these provisions to cover unregistered sectors. please clarify your views about it from your seniors.
Mr. Manoj, govt. implement these provisions to cover unregistered sectors. please clarify your views about it from your seniors.
Dear all thank you for valuable inputs I will clarify and thank you for the time and clarification given by miss rashmi, Sunil Kumar, ravindra ji, manoj ji. Thanks
Most Welcome. God bless u
Manoj Sir, yes, even if SP is unregistered, service tax needs to be paid by service recipient under RCM.. n if you look the other way round (just a personal opinion), then govt. is able to collect atleast 75% of service tax from SR, which could not have been collected at all from an unregistered SP or small scale SP had RCM not been there..


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