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GST ON DIRECTORS REMUNERATION

SURYAKANT MITHBAVKAR

If GST is applicable on remuneration paid to Directors by company.

GST Applicability on Director's Remuneration: Salary Exempt, Services Taxable; Depends on Director's Agreement Terms. The discussion revolves around the applicability of Goods and Services Tax (GST) on remuneration paid to company directors. One viewpoint suggests that GST is applicable, while another argues that remuneration considered as salary is exempt from GST, as it falls under the category of salary and requires the issuance of Form 16. In contrast, Form 16A is issued for professional services. The consensus is that if the remuneration is classified as salary, GST does not apply, but if it is for services, GST is applicable. The determination depends on the terms of the director's agreement. (AI Summary)
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Himansu Sekhar on Aug 9, 2017

Yes, the gstvis applicable

KIRTIKUMAR PUROHIT on Aug 9, 2017

ON DIRECTORS REMUNERATION THERE IS NO GST APPLICABLE BECAUSE IT IS CONSIDERED AS SALARY AND 16-A FORM ALSO IS TO BE ISSUED, Any other services provide in that case GST applicable.

Himansu Sekhar on Aug 9, 2017

Sir, form 16 & 16A are issued to different personas. 16A is issued for professional services.

I may be corrected if wrong.

THYAGARAJAN KALYANASUNDARAM on Aug 9, 2017

Dear sir,

Even we can issue both the form to same person. In case of salary or remuneration form 16 will be issued in any other case form 16A will be issued to the directors.

Himansu Sekhar on Aug 15, 2017

If it is a salary , there will be no gst, otherwise there will be gst. Check under which act TDs is deducted, 194 or 192

KASTURI SETHI on Aug 16, 2017

Remuneration is wider term. Salary is one of the components. Salary is not taxable under GST.. Whether Director is getting salary or remuneration it can be ascertained from the terms and conditions of the agreement. Normally there is agreement and not appointment letter between Company and Director.

KASTURI SETHI on Aug 16, 2017

Salary is already part of transaction cost.

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