There are some monetary disadvantages in dealing with unregistered dealers in Goods and services tax as it will be completely opposite for a beneficial deal for all those registered dealers. There is some persistent question regarding the anonymity of unregistered dealers in the GST. Some of the questions are framed here to acknowledge the general queries regarding the transaction with the unregistered dealer.
Q: What is RCM provision and according to this what are the consequences if the purchase is made from unregistered dealers?
A: RCM provisions stands for reverse charge mechanism which is utilized for the tax payment made by the recipient on the purchase of any good or service. RCM also explains that tax is paid by the opposite party and this is implied in the case of unregistered dealer also. The reverse charge already finds its place in service tax provision and has been included in the GST also making necessary for all the dealers to pay taxes based on reverse charge.
Q: In reverse charge mechanism, what will be the duration of supply in a matter of purchasing of goods?
A: The duration of supply in a matter of purchasing of goods in reverse charge mechanism will be earlier in the following:
The date of receipt of goods or
- Date on which payment is made or
- The date immediately following 30 days from the date of issue of invoice
Now take an example that if a taxpayer’s purchase some goods on 25 July and present the bill on 2nd august and for the same the consideration is paid on 28th august than the provision of RCM will deem 25 July as a time of the supply.
Q: What will be the case in services for the time of supply in RCM?
A: In this case, the following scenario will be applicable:
- The date on which payment is made
- The date immediately following 60 days from the date of issue of invoice
Q: What will be the case for GST paid in RCM whether the credit will be allowed or not?
A: As per the GST provisions, each taxpayer can take the input tax credit but in order to avail the credit of tax paid, first he has to pay the taxes to avail the credit on all those purchases in the next month. In the provisions it is clearly mentioned that GST credit cannot be availed on food and beverages, building, passenger vehicle even if the tax is paid on R.C.M basis that means the burden of such tax shall be borne by the taxpayer.
Recommended: GST Refund Procedure Under Goods and Services Tax India
Q: What changes can RCM bring after the implementation of GST?
A: The RCM can significantly increase the number of taxpayer base in India while it also mentioned that purchases made from an unregistered dealer can prove expensive for the registered dealer. This will be attracting reverse charges in case if any dealers make transactions with an unregistered dealer.
What will happen if unregistered retailer purchased from unregistered dealer and ultimately sold to ultimate consumer. Who will pay GST in that case?? How GST will be implemented in that case and how credit would be taken??
Unregistered dealer cannot charge GST in bill. So question of credit will not arise and also they cannot charge GST from consumer also.
my query is what if all my buyers have turnover less than 20 lakhs which means that they do not require to be registered so being a registered dealer what responsibilities would i have regarding his tax liabilities. do i have to pay any of his share of taxes or just charge him my share and show sales and pay just my share.
Under GST if you are registered taxable person then you have to charge only the GST rate which is applicable to the goods and services which you sale or provide.
I have read the post about R.C.M. but didn’t understand well as have never come across such earlier will go through again, I have a query of what are disadvantages of selling goods to unregistered realer.
Also could you elaborate on GST TRANS-2.
We purchase goods with 2% CST from out station, and sale local VAT 14.5%. Could you provide us insight how to go about?
sir,
I asked one question, If I purchased from Composition dealer that is not TAX invoice then i will pay RCM this product.
No, You don’t have to pay on RCM basis.
What will be treatment of stock in business purchased before 1 July 2017. We have both invoices where excise duty 12.5 % shown separately in bills and also including 12.5 % excise duty paid bills where prices are inc of excise duty .Our purchases are from company situated in Maharashtra and my business place is in Guwahati, Assam . We purchases in 2 % cst . We will get any compensation on stock of goods wit us where 12.5 % excise and 2 % CST paid on stock wit us as on 1, July 2017 when gst starts.
Sir you have to file GST TRANS-2 within 60 days of implementation of GST for ITC.
You will get benefit of excise paid on the stock lying and you can claim credit. However towards CST you will not get benefit. it will be cost to u.
I am a registered person , but my customer is not registered. Can I supply goods to unregistered dealer in case of inter state supply ?