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Reverse Charge on Legal Services under Service Tax

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Service tax payable on 75% amount 927 – tda payable on recruitment 200 @ Vinay Pandey Depending on your version, you have calculated the service tax on your invoice, which is only possible after the service fee is registered. Here is a complete overview of the reverse charge mechanism for the services tax. Somewhere, I heard that bills over Rs 10,000 are not subject to reverse charge tax. With the introduction of the reverse charge mechanism, the recipient of the service is obliged to pay taxes and comply with all legal requirements instead of the service provider. It has become an additional task for the recipient of the service. However, the tax on services under the reverse charge mechanism is a problem. D. in relation to services provided or to be provided by a business entity established in the tax jurisdiction, the recipient of that service; Sir, greetings. We used Singapore Legal Firm`s legal services for IPO-related services. Does the RCM apply? I am a partner in a law firm and we are obligated to charge for the service, and we have done so. But after notification, it became apparent by which department the tax on legal services fell under the reverse charge mechanism.

Under the Services Tax Rules 1994, «legal service» means any service provided in any way in connection with advice, advice or assistance in any branch of law, including representation before a court of law or public authority. The legal service would include advice, advice, technical assistance in legal matters and appearances before courts and various judicial and quasi-judicial authorities. The service tax was first introduced on 01.09.2009 by the Finance Act (No. 2) of 2009 by the inclusion of the clause (zzzzm) in Article 65 (105) of the Finance Act 1994. In August 2017, the GST Council clarified that services provided by lawyers, including senior counsel and law firms, are subject to GST on a reverse charge basis for the legal services mechanism. In addition, a written application was filed by J.K. Mittal and Company challenging the validity of the reverse charge mechanism under GST for lawyers and GST for law firms. Provided that a service supplied by appearance before a court, court or authority does not constitute a taxable supply of services. We have appointed a lawyer to represent our case before the Labour Court. He did not charge the amount of S.T.

in his invoice, whether correct or not. It is further clarified that Communication No. 13/2017 – Central tax (rate) of 28.6.2017 (reference number 2) specifies, inter alia: the following meaning under the reverse charge mechanism as «services provided directly or indirectly by an individual lawyer, including an experienced lawyer, through representation before a court, a court or authority, to an economic entity established in the tax jurisdiction, even if the contract for the provision of such a service was concluded through another Devint lawyer or law firm; or through legal services to an entity.» In addition, within the meaning of Communication 25/2012-ST of 20. June 2012 (hereinafter referred to as «Mega Exemption Notification») exempted from service tax legal services provided by an individual as a lawyer or a partnership of lawyers to a commercial entity that achieved a turnover of up to INR 10 lakhs in the previous financial year. The definition of business entity under the Services Tax Educational Guide and the new definition of business entity (§ 65B) comes into effect on July 1, 2012.So there is a change in the definition of business entity effective 1/7/12. «Legal Service» means any service provided in any way in connection with advice, advice or assistance in any branch of law, including representation before a court or tribunal or public authority» [3] Reverse charge procedure – The reverse charge procedure is a mechanism whereby the recipient of the goods and/or services must pay GST instead of the supplier. There is an exemption from GST payment on lawyers` fees and law firm fees. Only if they provide their services to a person and not to a commercial entity. Please let me confirm, we take the legal service of the lawyer, lawyer increase the bill included meal and exp travel, my question is that the RCM on the gross amt.or is applicable only to the legal service office. Taxable service is any service that is provided or is to be provided The MRC for legal services is also applicable if the contract for the provision of legal services is entered into with another lawyer or law firm. It also applies if the services are provided by another lawyer or law firm in the tax jurisdiction. This rule defines the concept of `taxable person` in the context of the reverse charge mechanism.

The amendments to this rule, insofar as it applies to the services of lawyers, are set out below for the sake of clarity. My lawyer has provided legal services from Rs.48000/- and we have already deducted TDS@10% under 194 yes in financial year 201-16, also we are Pvt. Ltd. company my point is that legal advice will be subject to the support method. So we have to file the service tax in the lawyer`s name, if so, how much would then be the 14% rate or? However, only a few services are only partially covered by the reverse charge system. It is mandatory to pay the service fee within 6 months of the date of payment by the recipient. If the company pays the services tax under the reverse charge mechanism, it can take out a cenvat loan for this purpose and use it to pay the services tax and excise duty. When a sole proprietorship or law firm provides services It should be noted that a reverse charge mechanism has been reintroduced for representation services provided by experienced lawyers.

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