Reverse charge machinism (RCM) under Service Tax

Reverse charge machinism (RCM) under Service Tax



Sl.
No.
Description of a service
Service Provider
Service Receiver
% of  service tax payable by the person providing service
% of service tax payable by the person receiving the service
1
services  provided or agreed to be provided  by an insurance agent to any person carrying on insurance business
Any
Any
Nil
100%
2
services  provided or agreed to be provided  by agoods transport agency in respect of transportation  of goods by road
where the consignor or the consignee  is,—
(a)  any factory registered under or governed by the Factories Act, 1948 (63 of 1948);
(b)  any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India;
(c)  any co-operative society established by or under any law;
(d)  any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder;
(e)  any body corporate established, by or under any law; or
(f)  any partnership firm whether registered or not under any law including association of persons;
Nil
100%
3
services  provided or agreed to be provided  by way of sponsorship
Any
body corporate/ partnerhip firm
Nil
100%
4
services  provided or agreed to be provided  by anarbitral tribunal
Arbitral tribunal
Business entity with a turnover more than rupees ten lakh in the preceding financial year
Nil
100%
5
services  provided or agreed to be provided  by individual advocate
individual or firm
Business entity with a turnover more than rupees ten lakh in the preceding financial year
Nil
100%
6
services  provided or agreed to be provided  by way of support service by Government or local authority
Government /Local authority
Business entity
Nil
100%
7
(a)   in respect of  services  provided or agreed to be provided  by way of renting or hiring any motor vehicle designed to carry passenger on abated value.
Individual (prop ) /Partnership firm (registered or unregistered)           /HUF
any company formed or registered under the Companies Act, 1956 (1 of  1956) or a business entity registered as body corporate located in the taxable territor
Nil
100%
(b)   in respect of  services  provided or agreed to be provided  by way of renting or hiring any motor vehicle designed to carry passenger on non abated value.
60%
40%
8
services  provided or agreed to be provided  by way of supply of manpower or Security services(inserted in notification 45-46 dated 07/08/2012)  for any purpose
25%
75%
9
services  provided or agreed to be provided  by way of works contract
50%
50%
10
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(IMPORT OF SERVICES)
Any
Any
Nil
100%
11
provided or agreed to be provided by a director of a company to the said company
(Inserted through notification 46-47/2012 dated 07/08/2012)
Director(Individual)
Company
Nil
100%

REQUIRED DOCUMENTS FOR SERVICE TAX REGISTRATION

REQUIRED DOCUMENTS FOR SERVICE TAX REGISTRATION


Following documents to be submitted along with ST-1 & Acknowledgement receipt.

A.   IN CASE OF PARTNERSHIP FIRM:
1.   Photocopy of the PAN card of the Partnership firm(affixing the stamp along with partners signature)
2.   Complete set of the Partnership deed.
3.   Address proof of Partnership Firm, if premises is
a.    Owned:
Ø  Address proof of the premises like latest electricity bill, telephone bill, Bank statement etc.
b.   Rental:
Ø  Copy of Rent agreement of the office premises from landlord.
Ø  NOC from Landlord (required in stamp paper of Rs 10/- format enclosed)
Ø  Copy of ownership documents of landlord like latest electricity bill, telephone bill, Bank statement etc.
Ø  Rent Receipt
4.   Pan card of the partners(Signed by all the partners)
5.   Address proof of the partners(Signed by all the partners)
6.   Power of attorney or Letter of authority (On the letter head of the Partnership firm )
7.   Annexure A and B (On the letter head of the Partnership firm)

B.   IN CASE OF COMPANY:
1.   Copy of the PAN card in the Company (affixing the stamp along with director’s signature)
2.   One copy of MOA/AOA of the company with affixing stamp and signature of the directors in the first page, second page, last page of MOA and last page of AOA.
3.   Copy of certificate of incorporation of the company (Affixing the stamp along with director’s signature.
4.   Address proof of Company, if premises is
a.    Owned:
Ø  Property Documents
Ø  Address proof of the premises like Latest Electricity bill, Telephone bill, Bank statement etc.
b.   Rental:
Ø  Copy of Rent agreement of the office premises from landlord.
Ø  NOC from Landlord (required in stamp paper of Rs 10/- format enclosed)
Ø  Copy of ownership documents of landlord like electricity bill, telephone bill, Bank statement etc.

5.   Pan card of each directors (Self attested by each director and affix the stamp of the company)
6.   Address proof of each directors (Self attested by each director and affix the stamp of the company)
7.   Power of attorney or Letter of authority (on the letter head of the company, format provided by us)
8.   Annexure A and B (on the letter head of the company, format provided by us)
9.   Resolution passed by the Board of Directors at meeting (On the letter head of the Company, format provided by us)
10.  Annexure V (on the letter head of the company, format provided by us)
11.  Cancelled cheque in the name of the company

C.   IN CASE OF SOLE-PROPRIETORSHIP:
1.   Copy of the PAN card of the sole-proprietor (self attested by the sole-proprietor)
2.   Address proof of the sole-proprietor (self attested by the sole-proprietor)
3.   Address proof of sole-proprietorship firm, if premises is
a.    Owned:
Ø  Property Documents
Ø  Address proof of the premises like Latest Electricity bill, Telephone bill, Bank statement etc.
b.   Rental:
Ø  Copy of Rent agreement of the office premises from landlord.
Ø  NOC from Landlord (required in stamp paper of Rs 10/- format enclosed)
Ø  Copy of ownership documents of landlord like electricity bill, telephone bill, Bank statement etc.
4.   Annexure V
5.   Cancelled cheque (Details information of the bank)
Source:ACES