Transfer of Software to Partners

If a partnership firm wants to transfer the software (i.e Intangible Assets) to its partners at Nil consideration, whether we have to do GST reversal?

 

Replies (6)
Quick Summary
This discussion explores whether GST reversal is required when a partnership firm transfers software (intangible assets) to its partners for free. While some suggest reversal under Section 18(6) of the CGST Act, others argue that software isn't capital goods and Section 18(6) doesn't apply. The alternative view is that it constitutes a supply under Schedule 1, requiring GST to be computed and collected based on its transaction value under Section 15.

18% GST will come for transfer of software

Yes, GST reversal have to be made. 

Can you please let me know under which section or Rule this reversal will be done?

Reversal have to be made under section 18(6) of the CGST Act, 2017

Section 18(6)  "In case of supply of capital goods or plant and machinery,........."

Sec 2(19) "Capital goods means goods,......"

Sec 2(52) "goods means every kind of movable property......."

As per my understanding, software is not a capital goods, so section 18(6) will not be applicable.

Yes it an supply under Schedule 1 , need to compute the transaction value as per Section 15 of CGST Act & charge GST & collect GST.
Then No need to reverse GST.

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