Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related person.
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Related party loan supply: interest-only consideration is exempt, but separate processing fees attract GST as taxable services. Loans or advances between related persons are treated as a supply under GST, but services of extending loans where consideration is only interest or discount are exempt. Fees other than interest-such as processing, administrative or service charges-constitute taxable consideration for loan processing/administration services and attract GST; where no such fees are charged between related parties, those facilitation services will not be treated as taxable supplies nor valued at open market value for GST.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Related party loan supply: interest-only consideration is exempt, but separate processing fees attract GST as taxable services.
Loans or advances between related persons are treated as a supply under GST, but services of extending loans where consideration is only interest or discount are exempt. Fees other than interest-such as processing, administrative or service charges-constitute taxable consideration for loan processing/administration services and attract GST; where no such fees are charged between related parties, those facilitation services will not be treated as taxable supplies nor valued at open market value for GST.
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