GST on RCM on rent in a unregistered state

[Vamsi Krishna]

A Ltd is registered in Karnataka as per GST laws. It has taken a premises on rent in Hyderabad for their employees to work. The Hyderabad office does not provide any taxable supplies and hence has not opted for registration. If the landlord of Hyderabad office is unregistered, should A Ltd pay GST on RCM basis. If so, should be IGST or C S of Telangana? The POS and location of supplier remain Telangana

[KASTURI SETHI]

Hyderabad office is supplying taxable service that is renting of immovable property service to the party located at Karnataka . It is inter State sale and and not eligible for Small Scale Exemption of 20 lakhs. Hence Hyderabad assessee should get registered and pay GST.

[KASTURI SETHI]

Tax. IGST

[Himansu Sekhar]

Your office is unregistered and you are not supplying any thing. You also receive the goods from unregd. Persons. No need to pay tax. The place of supply is in the other state and the suppliers is also in the other state. If this happens all the guest houses located in other states will be registered as they receive many services from in registered persons for ex. Laundry services and the services in a day may cross five thousand mark.

[DR.MARIAPPAN GOVINDARAJAN]

To whom the invoice is issued - whether to A Limited or its Hyderabad Office?

[Chhatra Jain]

Reapected all Experts,

Dont you all realize that in such a situation land lords are in a dilema having commercial properties in other state. For merely rent of thé property they are forced for unnecessary burden of registration. Shouldn't GST Council exempt them from registration.

[Vamsi Krishna]

Invoice is issued to A Ltd..

[Vamsi Krishna]

I feel that the company A , should get registered in Telangana state (Hyd) and dischrage RCM.

[DR.MARIAPPAN GOVINDARAJAN]

If the invoice is issued to A which is situated at Karnataka is to pay reverse charge on IGST rate.

[Chhatra Jain]

Following points to be noted:

1) In case land lord issues invoice to A Ltd. Then A Ltd must pay GST in reverse charge as land lord is unregistered. IGST needs to be charged.

Hère question arises can land lord make inter state supply being unregistered.

2) In case land lord issues invoice on Hyderabad office of A Ltd. As both are URD question of tax does not arise.

Hère again question arises as Hyderabad office of A Ltd receives taxable supply - is it not bound to get itself registered.

3) In case Hyderabad office sends Bill to its head office in Karnataka then what will be position

As both location of supplier and place of supply is in thé same state - is SGST & CGST of Telangana is to be paid ?How Karnataka Office can pay Telangana Tax?

[Himansu Sekhar]

Valid questions. Unregd. Person cannot make intrerstaste supply and raise igst bills.

[Himansu Sekhar]

Jainji,

Regarding your question about the landlords located in a separate state then if he has no office at the rented premises, he can raise igst bills. No need to register in every state. This is my opinion. I had gone through one tweet.

AI Summary

Reverse charge on rent: unregistered interstate landlord can trigger recipient liability to pay IGST under RCM.
If an unregistered landlord in Telangana invoices A Ltd in Karnataka for renting immovable property situated in Telangana, the supply is treated as an interstate taxable service and A Ltd as recipient is liable under the reverse charge mechanism to pay IGST; commentators also note that the landlord may be required to register and that invoicing to the Hyderabad branch or internal billing between offices alters whether Telangana SGST/CGST or IGST applies.