Place Of Supply Under GST

Introduction

Under GST, the existing system of levy of tax on manufacture, provision of taxable services, and sale of goods will be replaced by the concept of ‘Supply’. It is very important, therefore, to understand the “place of supply” meaning in determining the right charge of tax on supply. There are two important components which determine the tax to be charged on a supply:

• Location of the Supplier It is the registered place of business of the supplier

• Place of Supply It is the registered place of business of the recipient

In an intra-state supply, the taxes to be charged are CGST and SGST . In an interstate supply, the tax to be charged is IGST . The following are also treated as interstate supplies:

• Import of goods or services

• Export of goods or services

• Supply of goods or services to or by a SEZ developer or SEZ unit, even if the supply is within the state.

Place of Supply under GST when there is Movement of Goods

When a supply involves movement of goods, the place of supply is the location at which the movement of goods terminates for delivery to the recipient.

Place of Supply under GST when there is No Movement of Goods

• When supply does not involve movement of goods, the location of the goods at the time of delivery to the recipient is the place of supply.

• When the goods are assembled or installed at site, the place of assembly or installation is the place of supply

• When the goods are supplied on board a mode of conveyance, the location at which the goods are taken on board is the place of supply

Place of Supply under GST in case of Bill – to – Ship - to Transactions

In the Bill to – Ship to model, the billing and shipping of goods are done to two states and entities. In order to avoid the cascading of multiple taxes through the course of the transaction, the first sale will be taxable, and any subsequent sale during the movement of goods is exempt from tax.

Under GST, the place of supply of goods is very critical to determine the transaction as interstate or intrastate. Accordingly, the applicable taxes can be levied. In GST, if the goods are supplied by the supplier to the recipient on the direction of a third person, it will be deemed that the third person has received the goods, and the place of supply will be the principal place of business of such third person.

Place of Supply of Services under GST

Place of supply of services will determine the type of tax applicable on the service. This is based on the concept of GST being a ‘destination based consumption tax’, where tax will accrue to the State where the supply is consumed. The rules for determining the place of supply of services are different from the rules for determining the place of supply of goods.

In case of goods, the movement of goods largely decides the place of supply. Services, being intangible, have no fixed manner of delivery. Also, in certain cases of supply of service, the location of the supplier and/or recipient may not be fixed or even ascertainable.

It is thus important for businesses to evaluate the place of supply in GST with example, to understand the subject better.

When a service is supplied to a registered person In the GST regime, the place of supply must be determined to identify the type of GST to be charged. When a taxable service is supplied to a registered person (regular/composition dealer), the registered place of business of the recipient will be the place of supply.

Supply to a registered person within the same state When a service is supplied to a registered person within the same state, the taxes applicable are CGST and SGST.

Supply to a registered person in a different state When a service is supplied to a registered person in a different state, the tax applicable is IGST.

When a service is supplied to an unregistered person In the GST regime, when a service is supplied to an unregistered person, there can be 2 scenarios -

The address of the recipient exists in the records of the supplier When a service is supplied to an unregistered person whose address exists in the supplier’s records, the place of supply will be the location of the recipient in the supplier’s records. The address of the recipient does not exist in the records of the supplier When a service is supplied to an unregistered person whose address does not exist in the supplier’s records, the place of supply will be the location of the supplier.

Place of Supply for Services Provided at Immovable Properties under GST

In case of services supplied in relation to an immovable property, specific rules have been laid down for determining the place of supply. These rules override the general rules for determining the place of supply of services. Place of supply of services provided in relation to an immovable property will be the location at which the immovable property is located or intended to be located.

There can be four scenarios for this:

• Services provided directly in relation to an immovable property - This includes services provided by architects, interior decorators, surveyors, engineers, etc.

• Lodging in an immovable property - This includes accommodation provided by a hotel, inn, guest house, homestay, club, campsite, house boat, etc.

• Accommodation in an immovable property for organizing a function - This includes accommodation for organizing any official, social, cultural, religious or business function.

• Any services supplementary to the services mentioned above

Sources: Tally | CBIC

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