Wednesday, 10 December 2014

In reverse charge the liability of Service Tax Payment is on the Service Receiver.

Here in India Service Tax is the liability of the person who provides the services.
It means generally the service provider is responsible for the tax liability.
There are some exception in Service Tax Act to the above rule is that the responsibility is on service provider.
In some category of services the ultimate responsibility is on Service Receiver.
There are few services in which some abatement is considered at the time of payment of tax.There is a reverse charge is applicable to few services
In reverse charge the liability of Service Tax Payment is on the Service Receiver.
The detailed chart is as follows for the Reverse charge services.

Sr. No.
Description of service
Service Provider
Service Receiver
Liability of service tax
1
Insurance agent's service

Insurance Agent
Insurance Company
100% by insurance company
2
Goods Transport Agency (GTA) service
Goods Transport Agency (one who issues consignment note)
Consignor or consignee who is (a) factory, society, registered dealer of excisable goods, body corporate, partnership firm, AOP and (b) who pays or is liable to pay freight either himself or through his agent for transportation of such goods in goods carriage
Tax payable on 25% of value if Cenvat credit has not been availed by service provider. Hence, it is necessary to obtain certificate from the service provider (GTA) that he has not availed any Cenvat credit. Otherwise, service tax will be payable on 100% of the value.
Entire tax is payable by service receiver.
Person liable to pay freight for transportation of goods, located in taxable territory, shall be the person who receives the service. If such person is located in non-taxable territory, the provider of service shall be liable to pay service tax.
3
Sponsorship service
Any person
Any body corporate or partnership firm located in the taxable territory
Entire tax payable by service receiver. If the receiver of service is not body corporate or partnership firm or if such body corporate or partnership firm is not located in taxable territory, the service provider (i.e. person receiving the sponsorship money) will be liable to pay the service tax.
4
Arbitral Tribunal services
Arbitral 
Tribunal
Business Entity
Entire tax payable by service receiver
5
Advocate or Advocate Firms for Legal services
Individual Advocate or Advocate Firms
Business Entity having turnover exceeding ` ten lakhs per annum, located in taxable territory
Entire tax payable by service receiver
6
Services of director towords company
Director
Company
Entire tax payable by service receiver
7
Support Services by Government or Local Authority excluding renting of immovable property and services specified in clauses (i), (ii) and (iii) of Section 66D(a) of Finance Act, 1994 (These cover postal, port, airport and railway services)
Government or Local Authority
Business Entity located in taxable territory
Entire tax payable by service receiver
7
Renting or hiring of motor vehicle designed to carry passengers to any person who is not in the similar line of business
Individual, HUF, proprietary or partnership firm, AOP located in taxable territory
Business entity registered as body corporate located in the taxable territory
Tax on 40% of value by service receiver and Nil by service provider. If the service provider intends to avail Cenvat credit, he can pay service tax on balance 60%. Thus, service receiver is liable to pay service tax only on 40% value.
8
Supply of Manpower for any purpose or security service (The words ‘or security service’ were added w.e.f. 7-8-2012
Individual, HUF, proprietary or partnership firm, AOP located in taxable territory
Business entity registered as body corporate located in the taxable territory
Tax on 25% of value by service provider and 75% by service receiver
9
Service portion in execution of Works Contract
Individual, HUF, proprietary or partnership firm, AOP located in taxable territory
Business entity registered as body corporate located in the taxable territory
Tax on 50% of value by service provider and 50% by service receiver
10
Services received from non-taxable territory (Import of Service)
Located in non-taxable territory
Located in taxable territory
Entire tax payable by service receiver.


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