GST on Debit Note.

[MAHESH MAIYA]

Dear Experts,

We are 100% subsidiary of German Company (parent co). As per parent company requirement, we (subsidiary) get our accounts audited every calender year. The auditor will raise his professional GST bill on us(subsidiary) and we debit the total invoice amount to our Parent Company. The debit note will be either re-imbursed by our parent company OR we will adjust the debit note amount against their future payments. What is the GST implication on us (subsidiary)?. If there is GST implication on subsidiary, would it not be amounting to double taxation on same service?

Mahesh Maiya. P

[YAGAY andSUN]

Place of provisions of services will determine the applicability of GST on Debit Notes. If you have agreement with your counterpart only for recovering the amount by issuance of Debit Note without providing any services or services availed by you in India, then, applicability of GST will be doubtful.

[Rajagopalan Ranganathan]

Sir,

As per section 2 (52) of GST Act, 2017 "goods‖ means every kind of movable property other than money and securities". hence the debit note raised by you and amount realised or adjusted against such debit note can not be treated as supply of goods or services. Hence no gst is leviable on such transaction.

[KASTURI SETHI]

Dear Querist,

You have received reimbursement from your parent company on account of audit service (professional service) received from Auditors. Such reimbursement is not against any supply of service. It is mere transaction in money. Your reimbursement from parent company does not fall in the definition of service as per Section 2 (102) of CGST Act. The Auditors have supplied taxable service to your company (the subsidiary). The supplier (Auditors) are liable to GST, if threshold exemption limit is crossed.

As per Section 2(102) of CGST ACT “services” means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged;

Not liable to GST. I support the views of both experts.

[Ganeshan Kalyani]

The element of service is missing, hence not taxable. I agree with the views of the experts.

AI Summary

German Subsidiary's Debit Notes for Auditor Fee Reimbursements Not Subject to GST, Avoiding Double Taxation Concerns. A subsidiary of a German company inquired about the Goods and Services Tax (GST) implications on debit notes issued to their parent company for reimbursing auditor fees. The consensus among experts is that GST is not applicable in this scenario, as the debit note does not constitute a supply of goods or services. The transaction is considered a reimbursement and falls outside the definition of taxable services under the GST Act. Therefore, the subsidiary is not liable for GST on the debit note, avoiding double taxation concerns.