Introduction
Goods and Services Tax (GST) on freight refers to the tax applicable on freight services provided by a Goods Transport Agency (GTA). The GTA has the option to pay GST at two different rates: either 5% without claiming the Input Tax Credit (ITC) or 12% with ITC eligibility. This article delves deep into the GST implications on freight charges, who is responsible for paying GST, and the rates applicable based on various scenarios.
Who Is Liable to Pay GST on Freight?
GST on freight is payable by the recipient of the service. The entity responsible for paying the freight cost will also be liable to pay the GST. For instance, if the consignor (sender) pays the freight charges to the GTA, the GTA will be liable to pay GST. However, if the consignee (recipient) pays the freight charges, then the consignee will be liable to pay the GST on the freight charges.
The responsibility to pay GST may vary based on whether the recipient of the service falls into one of the following specified categories:
- Factories registered under the Factories Act, 1948
- GST-registered individuals or entities
- Corporate bodies established under the law
- Co-operative societies registered under the law
- Partnership firms and associations of persons (AOPs)
- Societies registered under the Societies Registration Act, 1860
- Casual taxable persons
For the above-specified categories, the recipient must pay GST under the reverse charge mechanism (RCM). These entities can claim an input tax credit (ITC) for the GST paid.
For entities not falling under these specified categories, such as unregistered individuals, Hindu Undivided Families (HUFs), or sole proprietors, the GTA is responsible for paying GST.
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Does a GTA Need to Register Under GST?
Whether a Goods Transport Agency (GTA) needs to register under GST depends on the nature of its service recipients:
- If a GTA provides transportation services exclusively to specified entities who are liable to pay tax on a reverse charge basis, the GTA is exempt from mandatory GST registration, as it is not directly liable for the tax.
- If a GTA extends services to entities not covered under the reverse charge mechanism (such as unregistered individuals or HUFs), the GTA must register under GST when its aggregate turnover exceeds the threshold limit of ₹20 lakh.
GST Rates on Freight Charges
Freight charges refer to the cost of transporting goods via land, air, or sea. The applicable GST rates on freight are:
- 5% GST: Applicable when the GTA does not claim an input tax credit.
- 12% GST: Applicable when the GTA claims an input tax credit.
Exemptions from GST on Freight
Certain goods and services are exempt from GST on freight charges, meaning no tax will be levied for transporting the following:
- Salt, milk, and food grains (including pulses, flour, rice, etc.)
- Agricultural produce
- Military or defense equipment
- Organic manure
- Registered newspapers or magazines
- Relief materials for natural calamities, disasters, or accidents
- Goods with a freight charge of less than ₹750 for a single consignee
- Goods with a freight charge of less than ₹1,500 for a single carriage
Services Provided by a GTA
A GTA’s services are not limited to the transportation of goods. They also include:
- Loading and unloading
- Packing and unpacking
- Transshipment
- Temporary warehousing
These ancillary services are considered part of the freight services and are also subject to GST based on the rates mentioned earlier.
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GST on Freight in the Supply Invoice
To determine the GST rate on freight charges in a supply invoice, the value of the supply is essential. GST is levied on the total value of the goods being transported. If the freight charges are included in the supply value, the GST on freight will match the GST rate applicable to the goods in question.
What Is a Consignment Note?
A consignment note is a document issued by a Goods Transport Agency upon receiving goods for transportation. This note ensures that the goods are carried from one location to another by road and confirms the receipt of the goods.
Conclusion
GST on freight charges is a critical aspect of the Indian taxation system, especially for businesses that rely heavily on the transportation of goods. The system has been designed to shift the tax burden either to the GTA or the recipient of the service based on the category of the service recipient. The dual-rate structure of 5% without ITC and 12% with ITC allows flexibility for the payer while also ensuring that businesses can optimize their tax liability. It’s essential to stay informed about the applicable exemptions and registration requirements for GTAs, as well as the tax implications on supply invoices, to maintain compliance with the GST regulations.