Whose services are liable to Service Tax-directors or board of directors?
Liablity for Tax
Harsh Jindal
Service Tax Exemption Clarified: Employees as Directors Exempt; Non-Employee Directors Subject to Reverse Charge Under Section 65B (44) (b). A query was raised regarding the liability for service tax on directors' services. It was clarified that services provided by managing and whole-time directors, who are employees of the company, are exempt from service tax under the exclusion clause in Section 65B (44) (b). However, services provided by part-time, expert, independent, or nominee directors, who are not employees, are considered professional services and are subject to service tax under the reverse charge mechanism by the company, effective from August 7, 2012. (AI Summary)