RCM ON FEES TO PAID TO LOCAL AUTHORITIES

[Sadanand Bulbule]

Dear Experts

Entry No.5 of Notification No.13/2017- Central Tax [Rate] dated 28/06/2017 reads as mentioned in the table below.

But nowhere the nature of services supplied by the Central Government, State Government, Union territory or local authority are explained in the said Notification. Factual position being so, it can be inferred that the services other than specifically “excluded” services therein are taxable under RCM.

Services supplied by the Central Government, State Government, Union territory or local authority to a business entity excluding, - (1) renting of immovable property, and (2) services specified below- (i) services by the Department of Posts (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) transport of goods or passengers.

Central Government, State Government, Union territory or local authority

Any business entity located in the taxable territory.

My take:

The Local Authorities are defined under the State Town & Country Planning Act.They are Municipal Corporation, Municipal Council, Town Panchayat or Grama Panchayat. Such local authorities grant statutory permission/approval for the construction of real estate projects like residential towers, commercial complexes like shopping malls, star hotels etc., and charge fees according to the prevailing laws under the respective State Municipal Corporations.

Query:

Whether such fee paid to the local authorities for supply of service of statutory permission and approval of real estate projects is liable to RCM in the hands of business entity located in the taxable territory? If so, the relevant details please?

Experts to throw light on this issue.

AI Summary

Debate on GST Reverse Charge Mechanism for Fees to Local Authorities in Real Estate Projects: Exempt or Taxable? A discussion on a forum revolves around the applicability of the Goods and Services Tax (GST) under the Reverse Charge Mechanism (RCM) on fees paid to local authorities for statutory permissions and approvals for real estate projects. The conversation references Notification No.13/2017 and No.12/2017, which outline taxable and exempt services. Participants debate whether such fees are taxable under RCM, considering definitions and exemptions related to local and governmental authorities. Some argue that these services might be exempt if linked to functions under Article 243W of the Constitution. The discussion also touches upon legal interpretations and potential implications for taxpayers receiving notices for RCM liabilities.