New Delhi: Salary for services like accounting, IT, human resources, provided by the head office of a company to its branch offices in other states will attract 18% GST. According to an order passed by the Karnataka Bench of the Authority for Advance Ruling (AAR), the activities between two offices is treated as supplies under the GST law.
It said the valuation of supply will include all costs, including the employee cost provided by one distinct entity to the other distinct entities.
“The activities performed by the employees at the corporate office in the course of or in relation to employment such as accounting, other administrative and IT system maintenance for the units located in the other states as well i.e. distinct persons as per Section 25(4) of the Central Goods and Services Tax Act, 2017 (CGST Act) shall be treated as supply as per Entry 2 of Schedule I of the CGST Act,” the AAR said.
“This Ruling opens a Pandora box especially for those businesses who are into exempt or non-GST supplies; as these companies with this Advance Ruling may need to charge GST on notional head office employee costs as well with credit of such GST not being available to the recipient branch/ Company.”
-Abhishek Jain, Tax Partner, EY
“This GST charged would be available as tax credit, except for sectors which are exempt from GST like education, hospitals, alcohol and petroleum. This cross charge on account of supply of services is expected to be taxed at rate of 18 per cent, sending shockwaves across conglomerates in India.”
-Rajat Mohan, AMRG & Associates Partner
What the ruling will mean for companies
The ruling will mean that companies, which have offices in multiple states, will have to raise GST invoice for functions performed by staff in head office that has helped branches in other states.
Although the GST charged on such supplies can be claimed as input tax credit (ITC), companies which are exempt from GST will not be able to claim credit.
Also this will increase compliance burden for companies as they have to raise invoice for all such inter-state services made.
Cos penalised for not passing on GST rate cut benefit in J&K
- The department of Legal Metrology has penalised two wall putty manufacturing companies in Jammu allegedly for not passing on the benefit of GST rate cut to consumers.
- The two companies did not mark revised rates on their products after the Centre slashed GST on such items from 28% to 18%.
- The cases of both the companies were compounded and penalty of Rs 75,000 was imposed and recovered.
- A team of the legal metrology dept conducted a surprise inspection of the clearing and forwarding establishments of two leading companies.
- Union government has issued directions that all such pre-packed commodities with reduced GST slab must bear revised MRP so that consumers can avail the benefit of tax reduction.