PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM

[Sadanand Bulbule]

Dear experts

1] Serial number 9 of the Notification No.13/2017-Central Rate dated 28/06/2017 issued under Section 9[3] of the CGST Act, 2017 reads as under:

[9] Supply of services by a music composer, photographer, artist or the like by way of transfer or permitting the use or enjoyment of a copyright covered under clause (a) of sub-section (1) of section 13 of the Copyright Act, 1957 relating to original dramatic, musical or artistic works to a music company, producer or the like.

Meaning:

2] Transfer or permitting the use or enjoyment of a copyright will be covered under Reverse charge mechanism to the extent of original literary, dramatic, musical and artistic works only. This is because only works covered under Section 13(1)(a) of the Copyright Act 1957 are specified in the Reverse Charge Notification[supra].

3] Section 13 of the Copyright Act 1957--Works in which copyright subsists.-

(1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,-

(a) original literary, dramatic, musical and artistic works;

Query:

In view of the legal position of both the GST Notification No.13/2017 and Section 13[1][a] of the Copyright Act 1957, whether the producer [recipient of services] of Cinema/TV serials is liable to pay GST under RCM on payment of remuneration paid to the artists [who are not liable for GST registration] for their performance of tasks entrusted to them?

Essentially such artists do not have their “owncreativity” or freedom to perform their own way except to perform tasks as per the directions of the director/producer. Under such circumstances, the role of Section 13[1][a] of the Copyright Act 1957 does not play at all.

I am of the considered opinion that, the producers cum recipient of such services are not liable to pay tax under RCM on payments made to such artists

Despite this position, the authorities are insisting the producers to pay tax under RCM on receipt of such services. So experts are requested to enlighten in depth with illustrations in the larger interest of all.

AI Summary

Artists' Performance Payments: Challenging Copyright Transfer and Reverse Charge Mechanism Under GST Notification 13/2017 Here's a concise summary of the discussion forum text:Legal professionals discussed the applicability of Reverse Charge Mechanism (RCM) under GST Notification No. 13/2017 for payments made to cinema and TV artists. The key debate centered on whether performers' services qualify as copyright transfer under Section 13(1)(a) of the Copyright Act. Participants argued that actors' performances do not constitute original artistic works, and therefore RCM should not apply to remuneration paid to artists by producers. The discussion explored nuanced interpretations of copyright, dramatic works, and intellectual property rights. Ultimately, one participant reported successfully challenging a tax demand based on these arguments, though some authorities continue to dispute the interpretation.