CA Pratik Mehta
APMH & ASSOCIATE LLP
Chartered Accountants
2
 Brief History of Reverse Charge
 RCM introduced w.e.f 01.01.2005 via notification
no 36/2004.
 The Reverse Charge was introduced in Service Tax
vide Budget of the year 2005-2006. At that point of
time there was only few services which was covered
under Reverse Charge. However, with the passage
of time this list has been expanded and at present
this list contains 11 services into it which covers
both full Reverse Charge and Partial Reverse
Charge.
3
 (1) Every person providing taxable service to any person shall pay
service tax at the rate specified in section [66B] in such manner
and within such period as may be prescribed.
 (2) Notwithstanding anything contained in sub-section (1), in
respect of [such taxable services as may be notified] by the
Central Government in the Official Gazette, the service tax
thereon shall be paid by such person and in such manner as may
be prescribed at the rate specified in section [66B] and all the
provisions of this Chapter shall apply to such person as if he is
the person liable for paying the service tax in relation to such
service.
 [Provided that the Central Government may notify the service and
the extent of service tax which shall be payable by such person
and the provisions of this Chapter shall apply to such person to
the extent so specified and the remaining part of the service tax
shall be paid by the service provider.]
 Notification No. 30/2012-ST, dated 20th June, 2012
w.e.f 01.07.2012
Service Provider
•Insurance Agent
Service Receiver
•Any person carrying
on Insurance
business
4
Sr.
No.
Description of a service
(Insurance Auxiliary Service)
w.e.f 01.07.2012
Percentage of
service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
1.
In respect of services
provided or agreed to be
provided by an insurance
agent to any person carrying
on insurance business
NIL 100%
5
Service Provider
•Recovery Agent
Service Receiver
• Banking company or a
financial institution or a
non-banking financial
company
Sr.
No.
Description of a service
(Recovery Agent services )
w.e.f 11.07.2014
Percentage of
service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
1A.
In respect of services
provided or agreed to be
provided by a recovery agent
to a banking company or a
financial institution or a non-
banking financial company
NIL 100%
6
Sr.
No.
Description of a service
(Selling or marketing agent
services)
w.e.f 01.04.2016
Percentage of
service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
1C.
In respect of services
provided or agreed to be
provided by a selling or
marketing agent of lottery
tickets in relation to lottery in
any manner to a lottery
distributor or selling agent of
the State Government under
the provisions of the Lottery
(Regulations) Act, 1998 (17 of
1998)
NIL 100%
7
Service Provider
•Selling or
marketing
agent of
lottery tickets
Service Receiver
•Lottery
distributor or
selling agent
of the State
Government
8
Service Provider
•Goods
Transport
Agency
Service Receiver
• Factory
• Society (Inc. Co-Op Hsg)
• Registered Dealer of Excisable
Goods
• Body Corporate
• Partnership Firm
• AOP
Sr.
No.
Description of a service
(GTA Services)
w.e.f 01.07.2012
Percentage of
service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
2.
In respect of services provided
or agreed to be provided by a
goods transport agency in
respect of transportation of
goods by road.
NIL 100%
9
Sr.
No.
Description of a service
(Sponsorship Services)
w.e.f 01.07.2012
Percentage of
service
Percentage of
service tax
payable by any
person liable
for paying
service tax
other than the
service provider
3.
In respect of services provided
or agreed to be provided by
way of sponsorship.
NIL 100%
Service Provider
• Any Person
Service Receiver
•Any body corporate
or partnership firm
located in the
taxable territory
10
Service Provider
• Arbitral Tribunal
Service Receiver
• Business Entity
located in TT with
turnover exceeding
Rs. 10 lakhs in PY
Sr.
No.
Description of a service
(Arbitral tribunal Services)
w.e.f 01.07.2012
Percentage of
service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
4.
In respect of services provided
or agreed to be provided by an
arbitral tribunal.
NIL 100%
11
Sr.
No.
Description of a service
(Legal Services)
w.e.f 01.04.2016
Percentage of
service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
5.
In respect of services provided
or agreed to be provided by an
individual advocate or firm of
advocates by way of legal
services, directly or indirectly
NIL 100%
Service Provider
• Individual
• Firm other than
representational services by
senior advocates
Service Receiver
•Business Entity having
turnover exceeding Rs.10
Lakhs located in taxable
territory in P.Y
12
Sr.
No.
Description of a service
(Director services)
w.e.f. 07.08.2012
Percentage of
service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
5A.
In respect of services provided
or agreed to be provided by a
director of a company or a
body corporate to the said
company or the body
corporate
NIL 100%
Service Provider
• Director
Service Receiver
• Company
• Body Corporate
13
Sr.
No.
Description of a service
(Government services)
w.e.f 01.07.2012
Percentage of
service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
6.
In respect of services
provided or agreed to be
provided by Government or
local authority excluding,- (1)
renting of immovable property,
and (2) services specified in
sub-clauses (i), (ii) and (iii) of
clause (a) of section 66D of the
Finance Act, 1994
NIL 100%
Service Provider
• Government
• Local Authority
Service Receiver
•Business Entity located in TT
with turnover exceeding Rs.
10 lakhs in PY
14
Sr.
No.
Description of a service
(Renting of a motor vehicle)
w.e.f 01.07.2012
Percentage
of service
Percentage
of service
tax payable
by any
person liable
for paying
service tax
other than
the service
provider
7.
(a)in respect of services provided or
agreed to be provided by way of
renting of a motor vehicle designed to
carry passengers on abated value to
any person who is not engaged in the
similar line of business.
(b) in respect of services provided or
agreed to be provided by way of
renting of a motor vehicle designed to
carry passengers on non abated value
to any person who is not engaged in
the similar line of business
Nil
50%
100 %
50%
15
Service Provider
• Individual
• HUF
• Proprietary Firm
• Partnership Firm
• AOP
Service Receiver
• Business Entity
registered as body
corporate located in the
taxable territory
16
Sr.
No.
Description of a service
(Supply of manpower & Security
Services)
w.e.f .01.07.2012
Percentage
of service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
8.
In respect of services provided
or agreed to be provided by way
of supply of manpower or
security service for any purpose
or security services
Nill 100 %
Service Provider
• Individual
• HUF
• Proprietary Firm
• Partnership Firm
• AOP
Service Receiver
• Business Entity
registered as body
corporate located in the
taxable territory
17
Sr.
No.
Description of a service
(Works Contract Services)
w.e.f .01.07.2012
Percentage
of service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
9.
In respect of services provided
or agreed to be provided by way
of works contract
50% 50%
Service Provider
• Individual
• HUF
• Proprietary Firm
• Partnership Firm
• AOP
Service Receiver
• Business Entity registered
as body corporate
located in the taxable
territory
18
Sr.
No.
Description of a service
(Import of Services)
w.e.f .01.07.2012
Percentage
of service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
10.
In respect of any taxable services
provided or agreed to be
provided by any person who is
located in a non-taxable territory
and received by any person
located in the taxable territory
Nill 100%
Service Provider
• Any Person
Service Receiver
• Any person
19
Sr.
No.
Description of a service
(Aggregators Services)
w.e.f .01.03.2015
Percentage
of service
Percentage of
service tax
payable by any
person liable for
paying service
tax other than
the service
provider
11.
In respect of any service provided
or agreed to be provided by a
person involving an aggregator
in any manner
Nill 100%
Service Provider
• Any Person
Service Receiver
• Any Person
20
Reverse charge mechanism

Reverse charge mechanism

  • 1.
    CA Pratik Mehta APMH& ASSOCIATE LLP Chartered Accountants
  • 2.
    2  Brief Historyof Reverse Charge  RCM introduced w.e.f 01.01.2005 via notification no 36/2004.  The Reverse Charge was introduced in Service Tax vide Budget of the year 2005-2006. At that point of time there was only few services which was covered under Reverse Charge. However, with the passage of time this list has been expanded and at present this list contains 11 services into it which covers both full Reverse Charge and Partial Reverse Charge.
  • 3.
    3  (1) Everyperson providing taxable service to any person shall pay service tax at the rate specified in section [66B] in such manner and within such period as may be prescribed.  (2) Notwithstanding anything contained in sub-section (1), in respect of [such taxable services as may be notified] by the Central Government in the Official Gazette, the service tax thereon shall be paid by such person and in such manner as may be prescribed at the rate specified in section [66B] and all the provisions of this Chapter shall apply to such person as if he is the person liable for paying the service tax in relation to such service.  [Provided that the Central Government may notify the service and the extent of service tax which shall be payable by such person and the provisions of this Chapter shall apply to such person to the extent so specified and the remaining part of the service tax shall be paid by the service provider.]  Notification No. 30/2012-ST, dated 20th June, 2012 w.e.f 01.07.2012
  • 4.
    Service Provider •Insurance Agent ServiceReceiver •Any person carrying on Insurance business 4 Sr. No. Description of a service (Insurance Auxiliary Service) w.e.f 01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 1. In respect of services provided or agreed to be provided by an insurance agent to any person carrying on insurance business NIL 100%
  • 5.
    5 Service Provider •Recovery Agent ServiceReceiver • Banking company or a financial institution or a non-banking financial company Sr. No. Description of a service (Recovery Agent services ) w.e.f 11.07.2014 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 1A. In respect of services provided or agreed to be provided by a recovery agent to a banking company or a financial institution or a non- banking financial company NIL 100%
  • 6.
    6 Sr. No. Description of aservice (Selling or marketing agent services) w.e.f 01.04.2016 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 1C. In respect of services provided or agreed to be provided by a selling or marketing agent of lottery tickets in relation to lottery in any manner to a lottery distributor or selling agent of the State Government under the provisions of the Lottery (Regulations) Act, 1998 (17 of 1998) NIL 100%
  • 7.
    7 Service Provider •Selling or marketing agentof lottery tickets Service Receiver •Lottery distributor or selling agent of the State Government
  • 8.
    8 Service Provider •Goods Transport Agency Service Receiver •Factory • Society (Inc. Co-Op Hsg) • Registered Dealer of Excisable Goods • Body Corporate • Partnership Firm • AOP Sr. No. Description of a service (GTA Services) w.e.f 01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 2. In respect of services provided or agreed to be provided by a goods transport agency in respect of transportation of goods by road. NIL 100%
  • 9.
    9 Sr. No. Description of aservice (Sponsorship Services) w.e.f 01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 3. In respect of services provided or agreed to be provided by way of sponsorship. NIL 100% Service Provider • Any Person Service Receiver •Any body corporate or partnership firm located in the taxable territory
  • 10.
    10 Service Provider • ArbitralTribunal Service Receiver • Business Entity located in TT with turnover exceeding Rs. 10 lakhs in PY Sr. No. Description of a service (Arbitral tribunal Services) w.e.f 01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 4. In respect of services provided or agreed to be provided by an arbitral tribunal. NIL 100%
  • 11.
    11 Sr. No. Description of aservice (Legal Services) w.e.f 01.04.2016 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 5. In respect of services provided or agreed to be provided by an individual advocate or firm of advocates by way of legal services, directly or indirectly NIL 100% Service Provider • Individual • Firm other than representational services by senior advocates Service Receiver •Business Entity having turnover exceeding Rs.10 Lakhs located in taxable territory in P.Y
  • 12.
    12 Sr. No. Description of aservice (Director services) w.e.f. 07.08.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 5A. In respect of services provided or agreed to be provided by a director of a company or a body corporate to the said company or the body corporate NIL 100% Service Provider • Director Service Receiver • Company • Body Corporate
  • 13.
    13 Sr. No. Description of aservice (Government services) w.e.f 01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 6. In respect of services provided or agreed to be provided by Government or local authority excluding,- (1) renting of immovable property, and (2) services specified in sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance Act, 1994 NIL 100% Service Provider • Government • Local Authority Service Receiver •Business Entity located in TT with turnover exceeding Rs. 10 lakhs in PY
  • 14.
    14 Sr. No. Description of aservice (Renting of a motor vehicle) w.e.f 01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 7. (a)in respect of services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers on abated value to any person who is not engaged in the similar line of business. (b) in respect of services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers on non abated value to any person who is not engaged in the similar line of business Nil 50% 100 % 50%
  • 15.
    15 Service Provider • Individual •HUF • Proprietary Firm • Partnership Firm • AOP Service Receiver • Business Entity registered as body corporate located in the taxable territory
  • 16.
    16 Sr. No. Description of aservice (Supply of manpower & Security Services) w.e.f .01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 8. In respect of services provided or agreed to be provided by way of supply of manpower or security service for any purpose or security services Nill 100 % Service Provider • Individual • HUF • Proprietary Firm • Partnership Firm • AOP Service Receiver • Business Entity registered as body corporate located in the taxable territory
  • 17.
    17 Sr. No. Description of aservice (Works Contract Services) w.e.f .01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 9. In respect of services provided or agreed to be provided by way of works contract 50% 50% Service Provider • Individual • HUF • Proprietary Firm • Partnership Firm • AOP Service Receiver • Business Entity registered as body corporate located in the taxable territory
  • 18.
    18 Sr. No. Description of aservice (Import of Services) w.e.f .01.07.2012 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 10. In respect of any taxable services provided or agreed to be provided by any person who is located in a non-taxable territory and received by any person located in the taxable territory Nill 100% Service Provider • Any Person Service Receiver • Any person
  • 19.
    19 Sr. No. Description of aservice (Aggregators Services) w.e.f .01.03.2015 Percentage of service Percentage of service tax payable by any person liable for paying service tax other than the service provider 11. In respect of any service provided or agreed to be provided by a person involving an aggregator in any manner Nill 100% Service Provider • Any Person Service Receiver • Any Person
  • 20.