Clarification on Reverse Charge Mechanism (RCM) for Renting of Motor Vehicles – Circular No. 130/2019
<p>Circular No. 130/48/2019 addresses the application of the Reverse Charge Mechanism (RCM) on the supply of renting of motor vehicles. The GST Council, after reviewing concerns, introduced a change to ensure clarity in the tax treatment of such services provided to corporate entities. This circular seeks to provide further clarification regarding the RCM and its implications for suppliers and recipients.</p><p><strong>Key Highlights:</strong></p><ul><li><strong>RCM for Renting of Vehicles</strong>: The GST Council, in its 37th meeting, decided to place the renting of motor vehicles under RCM when the supplier is paying GST at 5% with limited input tax credit (ITC). This applies when the service is provided to a body corporate (company or corporate entity). However, services where the supplier charges GST at 12% with full ITC are not subject to RCM.</li><li><strong>Clarification on Supplier Responsibility</strong>: It has been clarified that when a service is subject to RCM, the supplier will not charge GST to the recipient. The recipient, in this case, will be responsible for paying the tax under RCM. This is a standard procedure under RCM provisions in GST law.</li><li><strong>Conditions for RCM Applicability</strong>: For RCM to be applicable, certain conditions must be met:<ul><li>The supplier must not be a body corporate.</li><li>The supplier must not charge GST at 12% from the recipient.</li><li>The service must be provided to a body corporate.</li></ul></li><li><strong>Amendment in Notification</strong>: The RCM notification for renting motor vehicles has been amended to specify these conditions. The amendment clarifies that the supplier will charge 5% GST when renting services are provided to non-body corporate clients but will apply RCM when supplying the same to a body corporate.</li><li><strong>Clarificatory Nature of the Amendment</strong>: This amendment is clarificatory and applies retroactively from October 1, 2019, to December 31, 2019. The clarification ensures that the RCM mechanism works smoothly and is implemented consistently across the country.</li></ul><p>This circular aims to enhance understanding and streamline the GST process for the renting of motor vehicles while providing greater transparency for corporate entities involved in such transactions.</p><p><a href="https://cms.plasament.com/storage/chirag-singla/circular-cgst-130-new.pdf">circular-cgst-130-new</a><br> </p>