Answer

GST

Reverse charge for a composition taxpayer

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  1. Facts

    Yes. A composition taxpayer must pay tax under reverse charge on notified supplies at the normal rate, without composition rates and without ITC. This is paid through CMP-08.

  2. Provisions and law

    • Sec 9(3), CGST Act 2017Recipient pays tax on notified supplies under reverse charge
    • Sec 10(4), CGST Act 2017A composition taxpayer cannot collect tax from customers and cannot take ITC
  3. Analysis

    Example: a composition trader pays Rs 50,000 freight to a GTA under reverse charge. He pays 5 percent, Rs 2,500, in CMP-08 and cannot claim it back. If he rents a commercial property from an unregistered landlord and that falls under notified reverse charge for his case, tax applies there too. Check notified RCM categories each year.

  4. Conclusion

    1. Review expenses for notified reverse charge items
    2. Compute tax at the normal rate
    3. Report and pay in CMP-08
    4. Do not treat it as ITC

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