GST
Paying reverse charge tax in GSTR-3B
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Facts
Legal services from an advocate and services of a goods transport agency are common reverse charge cases where the business recipient pays the tax. Reverse charge tax is reported in GSTR-3B Table 3.1(d) and must be paid in cash. The same tax can then be claimed as ITC if eligible.
Provisions and law
- Sec 9(3), CGST Act 2017Tax on notified supplies is paid by the recipient under reverse charge
- Sec 2(82), CGST Act 2017Output tax excludes tax payable under reverse charge, so RCM tax is paid in cash
- Sec 49, CGST Act 2017Payment of tax through the electronic cash and credit ledgers
Analysis
If you pay legal fees of ₹1,00,000, reverse charge tax at 18 percent is ₹18,000, paid in cash through GSTR-3B. You can claim ₹18,000 as ITC in the same return if the service is used for business. The net cost is cash flow, not tax, but missing it means interest and a likely notice when the data is matched.
Conclusion
- List payments to advocates, GTAs and other reverse charge suppliers for the month
- Compute tax at the applicable rate
- Report the liability in Table 3.1(d) and pay it in cash
- Claim eligible ITC in Table 4(A)(3) of the same return
Reverse charge tax cannot be paid from the credit ledger.
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