Service tax for car rental

901 views 2 replies

Hi All,

I have a tricky question. I am a travel agent & arrange for accomodation, air tickets, tour packages & car rentals. My question is specific to car rental.

I do not own any car & utilize services of local car rental agencies for my clients - I markup the rates from local service providers while providing rates to my customers. Example - I have a negotiated rate of Rs 1,000 with a local car rental provider while I sell the same to the customer @ Rs 1,200. In this case, Rs 200 is my gross profit. I would like to understand the implication of service tax for the following scenarios

1. I collect the entire amount from the customer directly: In this case, I charge a service tax of 4.94% to the customer. Considering the above example, I am raising invoice to customer & would charge the customer Rs 1,200+Rs 59.28 = Rs 1,259.28 to the customer. Is this correct? I would then make a payment of Rs 1,000 to the local car rental vendor & Rs 59.28 as service tax.

2. The vendor collects the entire amount from the customer directly: In this case, in order to save my time for accounting, I am asking the vendor to direclty issue the invoice. He would issue invoice & charge Rs 1,259.28 to the customer. He would then pay me Rs 200.

3. I collect an advance of Rs 500 from the customer: Here the customer pays the remaining amount (Rs 759.28) directly to the local car rental vendor after using services. I raise a bill of Rs 1,259.28 to the customer. I pay Rs 240.72 (Rs 500- Rs 200(my commision) - Rs 59.28 (service tax)) to the vendor & pay Rs 59.28 as service Tax.

Am I doing things correctly? Is there something else that I should be taking care of?

Thank you

 

Replies (2)

@ Renju: as per the descripttion given by you, your service fall under "Business Auxiliary Services" (Section 65(115)(zzb)) for the "Tour Operator Service". 

You can be classified as "Commission Agent" for the taxi owners whose car you are using in serving your clients.

Hence, service tax is payble for at two stages: one, for the Business Auxiliary Services provided by you. Two, for the tour operator services provided by the car owners (abatement is available to the car owers.

https://taxscholar.wordpress.com/2014/04/01/tour-operator-service-definition-taxability-and-other-aspects/

Thank you Manish for your reply. Sadly, I am no financial expert & I am not sure if I understood your reply. Is the below interpretation correct?

  1. I should raise a bill to the car rental provider for Rs 200 & apply 4.94% service tax (Rs 209.88) to this invoice.
  2. I should raise a bill to the customer for Rs 1,200 & apply 4.94% service tax (Rs 1,259.28) to this invoice.
  3. The car rental provider should raise an invoice to me for Rs 1,000 – this should be the net amount & should include the service tax within (Base Tariff - Rs 9,52.8, Service tax ( @ 4.94%) – Rs 47.2 = Rs 1,000 Net Amount)

My further questions –

  1. Doesn’t the logic depend on the 3 scenarios that I had covered in the my initial question? Or is it just a generic rule to be followed across all the scenarios?
  2. I assume that I should deduct 1% as TDS while making payment to the local car rental vendor. Is this correct?

Please help with the above clarifications. Thank You.

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