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GST- Place of Supply Sachin Menon Partner and National Head - Indirect Tax, KPMG in India December 2, 2016

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Page 1: GST- Place of Supply Rulesfitindia.org/downloads/sachin_menon_GST.pdfPlace of supply of goods/services –Default Rule • Place where the movement of goods terminate for delivery

GST-Place of SupplySachin Menon

Partner and National Head - Indirect Tax, KPMG in India

December 2, 2016

Page 2: GST- Place of Supply Rulesfitindia.org/downloads/sachin_menon_GST.pdfPlace of supply of goods/services –Default Rule • Place where the movement of goods terminate for delivery

2© [year] [legal member firm name], a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International

Cooperative, a Swiss entity. All rights reserved.

Document Classification: KPMG Confidential

Location of supplier/recipient

“Location of the supplier of services”

“Location of the recipient of services”

“Recipient”

• Supply from registered ‗place of

business‘ or from other unregistered

‗fixed establishment‘

• In absence of such places

• Location of such place or

establishment

• Usual place of residence

• Supply is received at a registered

‗place of business‘ or at other

unregistered ‗fixed establishment‘

• In absence of such places

• Location of such place or

establishment

• Usual place of residence

If consideration is payable If consideration is not payable

Person liable to pay consideration Person to whom goods/services are

delivered or made available or

rendered

Page 3: GST- Place of Supply Rulesfitindia.org/downloads/sachin_menon_GST.pdfPlace of supply of goods/services –Default Rule • Place where the movement of goods terminate for delivery

3© [year] [legal member firm name], a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International

Cooperative, a Swiss entity. All rights reserved.

Document Classification: KPMG Confidential

Place of supply of goods/services – Default Rule

• Place where the movement

of goods terminate for

delivery to recipient

• Location of goods at the time

of delivery (if no movement is

involved)

• Place of supply in a ‗Bill to

Ship to‘ model

Place of

supply of

goods

Place of supply of

services

• Place of service

recipient if

registered

• If unregistered:

- Address on

record; else

- Location of

supplier

• Location of recipient

of service or

• Location of supplier

of service if location

of recipient is not

available

Both parties in

India

One party

outside India

Page 4: GST- Place of Supply Rulesfitindia.org/downloads/sachin_menon_GST.pdfPlace of supply of goods/services –Default Rule • Place where the movement of goods terminate for delivery

4© [year] [legal member firm name], a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International

Cooperative, a Swiss entity. All rights reserved.

Document Classification: KPMG Confidential

Exceptions to the default rule

If immovable property is in

India

• Location of immovable

property, boat or vessel

If immovable property is

outside India

• Location of recipient

If the event is in India

• Location of service recipient (if

registered); else

• If unregistered; place where

event is actually held

If the event is outside India

• Location of the recipient

Both the parties are

located in India

• Location of immovable

property, boat or vessel

• Place where the event is

actually held

One of the party is

located outside India

Immovable

Property

related

services

Events

(cultural,

scientific,

educational)

(works contract,

hotel stay, lease,

marriage hall etc. )

Page 5: GST- Place of Supply Rulesfitindia.org/downloads/sachin_menon_GST.pdfPlace of supply of goods/services –Default Rule • Place where the movement of goods terminate for delivery

5© [year] [legal member firm name], a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International

Cooperative, a Swiss entity. All rights reserved.

Document Classification: KPMG Confidential

Exceptions to the default rule

• Location of recipient of service

(if Registered)

• If unregistered – Place where

the goods are handed over for

transportation

• Location of service recipient (if

registered); else

• Place where passenger

embarks for continuous

journey

Both the parties are

located in India

Goods transportation (other

than courier/mail)

• Place of destination of goods

Courier / Mail

• Place of performance of

service

• Place where passenger

embarks for continuous

journey

One of the party is

located outside India

Goods

Transportation/

Courier / Mail

Passenger

Transportation

Page 6: GST- Place of Supply Rulesfitindia.org/downloads/sachin_menon_GST.pdfPlace of supply of goods/services –Default Rule • Place where the movement of goods terminate for delivery

6© [year] [legal member firm name], a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International

Cooperative, a Swiss entity. All rights reserved.

Document Classification: KPMG Confidential

Exceptions to the default rule

Fixed telecommunication line/

leased circuit / cable / Dish

Antenna

• Place where the above

medium of communication is

installed

Post paid connection or

electronic payment (pre-paid)

• Billing address of recipient

Prepaid connection (through

voucher)

• Address of the selling agent,

re-seller or distributor

• Directly to final subscriber –

place where pre-payment is

done or voucher sold

Leased Circuit in more than one

state – Proportionate value

Both the parties are

located in India

• Location of recipient of

service; else

• Location of the service

provider (if location of service

recipient is not available)

One of the party is

located outside India

Tele-

communication,

broadcasting,

cable, DTH

Page 7: GST- Place of Supply Rulesfitindia.org/downloads/sachin_menon_GST.pdfPlace of supply of goods/services –Default Rule • Place where the movement of goods terminate for delivery

7© [year] [legal member firm name], a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International

Cooperative, a Swiss entity. All rights reserved.

Document Classification: KPMG Confidential

Exceptions to the default rule

• Location of the service

recipient on record of the

service provider; else

• Location of service provider

• Location of the service

recipient (if registered)

• If unregistered - Location of

service recipient on record of

the supplier

• Location of the service

recipient (if registered)

• If unregistered - Location of

service provider

Both the parties are

located in India

• Location of the service

provider (services provided to

account holders)

• Location of recipient of

service; else

• Location of the service

provider

• Location of service recipient

• Overseas supplier shall

register in India

One of the party is

located outside India

Banking

Services

Insurance

Services

Online

Information &

Database

Access or

Retrieval

Services

Page 8: GST- Place of Supply Rulesfitindia.org/downloads/sachin_menon_GST.pdfPlace of supply of goods/services –Default Rule • Place where the movement of goods terminate for delivery

8© [year] [legal member firm name], a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International

Cooperative, a Swiss entity. All rights reserved.

Document Classification: KPMG Confidential

Thank you

The information contained herein is of a general nature and is not intended to address the circumstances of any

particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no

guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the

future. No one should act on such information without appropriate professional advice after a thorough examination of

the particular situation.

© 2016 KPMG, an Indian Registered Partnership and a member firm of the KPMG network of independent member

firms affiliated with KPMG International Cooperative (―KPMG International‖), a Swiss entity. All rights reserved.

The KPMG name and logo are registered trademarks or trademarks of KPMG International.

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