Urgent Question

Mr. Bhudev Aggarwal, an unregistered person receives commission of Rs. 21,00,000/- as an insurance agent from insurance company. Will he be required to charge GST on the same.
Replies (3)
Quick Summary
This discussion clarifies whether an unregistered individual receiving commission as an insurance agent needs to charge GST. The consensus is that no GST is to be charged by the agent. Instead, the insurance company is liable to pay GST under the Reverse Charge Mechanism (RCM) as per Section 9(3) of the CGST Act 2017 and relevant notifications. This applies when services are provided by an insurance agent to an insurance company within the taxable territory.

No GST is to be paid by the insurance agent. The Insurance company shall pay the GST under RCM

No...

Mr. Bhudev Aggarwal, being an unregistered person will not have to charge GST on Commission received from Insurance Company.

As per the Provision of Section 9(3) of the CGST Act 2017 read with Notification No. 13/2017 - Central Tax ( Rate ), dated 28.06.2017, "Services Provided by an Insurance Agent to a Insurance Company located at the taxable territory, attracts GST on RCM basis. "

Hence, the GST is required to be paid by the INSURANCE COMPANY on Reverse Charge Mechanism ( RCM ) basis.

RCM applicable 

GST is paid by Insurance Company under RCM 

 

Important Note : Selling policies via ECO operator not being licensed as Insurance agent then RCM is not applicable . 

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