GST on director remuneration: non employee directors' fees taxable under reverse charge; employee salaries treated under Schedule III.
CBIC Circular No.140/10/2020 distinguishes non employee directors and employee directors for GST. Remuneration to non employee or independent directors is outside Schedule III and taxable under the Reverse Charge Mechanism under entry 6 of Notification No.13/2017, with the company liable. For employee or whole time directors, amounts treated as salary and subject to salary TDS fall under Schedule III and are not taxable under GST; amounts separately treated as professional/technical fees and subjected to professional fees TDS are outside Schedule III and taxable under entry 6, payable by the company under RCM. (AI Summary)
CBIC Circular No.140/10/2020 distinguishes non employee directors and employee directors for GST. Remuneration to non employee or independent directors is outside Schedule III and taxable under the Reverse Charge Mechanism under entry 6 of Notification No.13/2017, with the company liable. For employee or whole time directors, amounts treated as salary and subject to salary TDS fall under Schedule III and are not taxable under GST; amounts separately treated as professional/technical fees and subjected to professional fees TDS are outside Schedule III and taxable under entry 6, payable by the company under RCM. (AI Summary)
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