Thursday, 13 July 2017

Gifts worth up to Rs 50,000 by employer exempt under GST

Jul 10 the government nowadays clarified that gifts value as much as Rs 50,000 by way of an business enterprise to its staff as additionally free membership of clubs, well being and fitness centres is not going to attract the products and products and services Tax (GST).

additionally, the products and services by using an employee to the corporation for the duration of or in terms of his employment is out of doors the scope of the new indirect tax regime, it mentioned.
Any club, well being and health centre membership supplied via an organization to its all employees totally free may not be topic to the GST.

the identical would hold true for free housing as part of value-to-firm (C2C) package.

Commenting on reports of gifts and perquisites equipped by way of firms to their staff being taxed underneath GST, the finance ministry in a commentary stated gifts up to a worth of Rs 50,000 in a year via an enterprise to his worker are outside the ambit of GST.

"then again, gifts of price more than Rs 50,000 made without consideration are subject to the GST, when made within the course or furtherance of trade," the commentary stated.

whereas the GST legislation does no longer outline gifts, the ministry stated for tax purposes present is one thing that's made without consideration, is voluntary in nature and is made every so often.

"It can't be demanded as a topic of proper with the aid of the employee and the employee can't transfer a court docket of legislation for acquiring a gift," it said.

On the problem of taxation of perquisites, the ministry mentioned the services by using an worker to the company all through or on the subject of his employment is out of doors the scope of GST (neither supply of products or supply of products and services).

"It follows therefrom that supply via the organisation to the worker with regards to contractual settlement entered into between the organisation and the employee, is probably not subjected to GST," it said.

further, the input Tax credit (ITC) Scheme under GST does now not permit ITC of membership of a club, health and health centre.
"It follows, therefore, that if such services and products are provided without cost to the entire workers by the service provider then the same will not be subjected to GST, equipped appropriate GST was once paid when procured via the company.

"the same would cling true free of charge housing to the staff, when the identical is provided in relation to the contract between the company and worker and is part and parcel of the cost-to-company (C2C)," the statement brought.

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