CIRCULAR NO-130/2019-F. No. 354/189/2019-TRU-RCM on renting of motor vehicles.

F. No. 354/189/2019-TRU

Government of India
Ministry of Finance
Department of Revenue
Tax research Unit
****

North Block, New Delhi,

Dated the _________, 2019

To,

The Principal Chief Commissioners/ Chief Commissioners/
Principal Commissioners/ Commissioner of Central Tax (All) /
The Principal Director Generals/ Director Generals (All)

Madam/Sir,

Subject– Reverse Charge Mechanism (RCM) on renting of motor vehicles -reg.

Suppliers of service by way of renting of any motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient have an option to pay GST either at 5% with limited ITC (of input services in the same line of business) or 12% with full ITC.

2. The GST Council in its 37th meeting dated 20.09.2019 examined the request to place the supply of renting of motor vehicles under RCM and recommended that the said supply when provided by suppliers paying GST @ 5% to corporate entities may be placed under RCM. RCM was not recommended for suppliers paying GST @12% with full ITC, so that they may have the option to continue to avail ITC. RCM otherwise would have blocked the ITC chain for them.
Accordingly, the following entry was inserted in the RCM notification with effect from 1.10.19:

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IN PDF:-https://www.cbic.gov.in/resources//htdocs-cbec/gst/circular-cgst-130-new.pdf

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