GST on staff welfare

[Kaustubh Karandikar]

YZ (Proprietary Concern) supplying food to their employees as well as providing accommodation to them for stay, rent of which is paid by XYZ. No amount is recovered by XYZ from the employees for this facility. Is XYZ liable to pay GST on it? If yes, how to arrive at the value for paying GST?

[KASTURI SETHI]

Dear Sir,

In this connection here is a case law.

2018 (18) G.S.T.L. 508 (A.A.R. - GST) = 2018 (10) TMI 748 - AUTHORITY FOR ADVANCE RULING, ODISHAIN RE : NATIONAL ALUMINIUM COMPANY LTD.

[KASTURI SETHI]

In my view, no company would provide food and accommodation free of cost to their employees whatever may be the background.The Company may charge in some guise. The department has eagle, eye. The department knows very well how to unearth hidden facts.This activity is covered under Schedule-II Serial No.1 & 2 and both activities are taxable For valuation purpose resort to Rule 28 (a) of CGST Rule, 2017. Advise your client to leave this idea of "Free Lunch". It is not free at all. Nothing is free.

[Ganeshan Kalyani]

If no recovery is made from the employee then no GST is applicable. However, the department may raise a question on this part.

[Spudarjunan S]

Dear Sir,

While providing such amenities to employees without any recovery, it would be diligent to include such clauses in the terms of employment contract providing all the amenities would be provided to employee in the course of his employment. This stand would effect your TDS deduction towards salary of employees by treating the amenities as Perquisites which you need to take care.

Once these amenities are provided by employer to employee for the employment services provided by employee to employer then the same would get it covered under Schedule III of CGST which would be "neither supply of goods nor supply of services".

However, in relationt to eligibility of ITC on such expenses you need to follow the conditions and restructions provided u/s 16 & 17 of CGST Act.

AI Summary

XYZ Questions GST on Free Employee Meals and Housing; Opinions Cite Schedule-II and Rule 28(a) of CGST Rules 2017. A proprietary concern, XYZ, provides food and accommodation to employees without charge and questions whether GST applies. One respondent cites a case law suggesting such activities are taxable under Schedule-II, advising valuation per Rule 28(a) of the CGST Rules, 2017. Another opinion states if no recovery is made from employees, GST may not apply, but the department might question this. A third response recommends including these amenities in employment contracts to classify them as non-taxable perquisites under Schedule III of the CGST Act, while considering ITC eligibility under sections 16 and 17 of the CGST Act.