Reverse charge

720 views 6 replies

NIKHIL VERMA

ARTICLE ASSITANT

66 Points Joined March 2011

Dear All,

I am working in a realestate devloper company . We paid wages to labour on contract basis. Contrats are on measurment basis. We Measure there worrk done during the month and the pay there bill.All material is provided by our company

In this case are we liable to pay Reverse Charge on Manpower Supply

Replies (6)

Lalit Nyati

Student

487 Points Joined July 2011

Yes, Tax should pay under Supply of manpower service of RCM. Service Tax shall pay by your manpower suppler (SP) on 25% of value and Service tax shall pay by your employer co (SR) on 75% of value. it shall not work contract service because material provided by your employer company.

Lalit Nyati

Student

487 Points Joined July 2011

Yes, Tax should pay under Supply of manpower service of RCM. Service Tax shall pay by your manpower suppler (SP) on 25% of value and Service tax shall pay by your employer co (SR) on 75% of value.

it shall not work contract service because material provided by your employer company.

Soham

Learning

534 Points Joined June 2009

Service provider : assumption Non Corporate

Service Receiver : Your Co ( Corporate )

Type of Service : Supply of Manpower / recruitment agency

Assumption : Invoice is purely For labour and no Vat Chargeable goods are included as part of service

your Company's Liability : 75 % of 12.36 % = 9.270%

vendor's Liability : 25% of 12.36% =3.09% ( chargeale in Invoice)

nishagopal

Articled clerk

23 Points Joined January 2009

Rcm is applicable only when service provider is non corporate and also pls note piece basis or job basis contract is not manpower supply service.

viral

23 Points Joined February 2009

Its not necessary that all the payment to contractual labour becomes automatically payment for supply of manpower. Full facts, actual paper work and actual mode of payment needs to be seen. Answer may differ on case to case basis.

SANTHOSH. ASHOK

Auditor & Tax Consultant

278 Points Joined March 2010

“Supply of manpower” means supply of manpower, temporarily or otherwise, to another person to work under his superintendence or control.’ [Rule 2(g) of Service Tax Rules, Inserted w.e.f. 1-7-2012

Services Such as Security service, cleaning service, piece basis or job basis contract can be ‘manpower supply service’ only if the labour work under superintendence or control of Principal Employer.

In cases if Person approaching himself and company appointing him on contract basis is not manpower supply service.

So as per Info given Service is received by Company & the worker are in direct control of the company & not any other persons. So in this regards there No service tax applicability.