Companies Mull Writ Petitions Over GST on Corporate Guarantees



Quick Summary
Several large companies are considering legal action, including filing writ petitions in high courts, to challenge the GST Council's recent decision to impose an 18% Goods and Services Tax on corporate guarantees. This new tax, applied to guarantees provided by holding companies to their subsidiaries, is expected to particularly affect the infrastructure sector. Industry experts argue that these guarantees should not be classified as taxable services and that the valuation method is arbitrary, potentially leading to constitutional challenges.

Corporate Heavyweights Contemplate Legal Challenge Against GST Council's 18% Tax on Corporate Guarantees

In a significant development, several major corporate entities are gearing up to challenge the recent decision by the GST Council, which imposes an 18% Goods and Services Tax (GST) on corporate guarantees provided by holding companies to their subsidiaries. Individuals familiar with the matter, requesting anonymity, revealed that these corporate giants are planning to file writ petitions before high courts to contest the controversial ruling.

Industry experts anticipate that the GST Council's decision could disproportionately impact the infrastructure sector, heavily reliant on external financing and borrowing for large-scale projects. The new rule specifies that the taxable value of corporate guarantees will be either 1% of the guarantee amount or the actual consideration paid for providing the guarantee, whichever is higher. This valuation will be applicable, even if the subsidiary company is unable to claim full input tax credit, leading to the imposition of GST on guarantees between related parties.

Firms Challenge 18  GST on Corporate Guarantees

A seasoned expert argued that corporate guarantees, issued at the request of lending banks, should not be considered a service to the subsidiary. These guarantees, by their fundamental nature, qualify as actionable claims, falling outside the scope of goods or services. The expert emphasized that, given the commitment to the banks, the parent company cannot charge consideration to the subsidiary, making it exempt from GST in the absence of consideration.

Criticism extends to the valuation mechanism of the taxable value, with experts pointing out that transfer pricing assessments typically occur at 0.25-0.30%. They find the 1% valuation method arbitrary and questionable, raising concerns about potential constitutional challenges for deviating from statutory considerations for taxing purposes.

Highlighting the potential arbitrariness of the higher 1% value, experts noted that in cases where the service provider and the recipient mutually agree on the consideration for the service, such a valuation may be manifestly arbitrary. The looming legal challenge underscores the industry's dissatisfaction with the GST Council's decision and the need for a comprehensive reevaluation of the taxation framework for corporate guarantees.

FAQ :

Companies are challenging the GST Council's decision to impose an 18% Goods and Services Tax on corporate guarantees provided by holding companies to their subsidiaries.

The GST Council has decided to impose an 18% Goods and Services Tax on corporate guarantees.

The taxable value will be the higher of 1% of the guarantee amount or the actual consideration paid for providing the guarantee.

The infrastructure sector, which relies heavily on external financing and borrowing, is anticipated to be disproportionately impacted.

An expert argues that corporate guarantees, issued at the request of lending banks, should not be considered a service to the subsidiary and are more akin to actionable claims, falling outside the scope of goods or services.

Experts find the 1% valuation method arbitrary and questionable, especially when compared to typical transfer pricing assessments, and suggest it could be subject to constitutional challenges.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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