GST is a tax on supply of goods or services. Other GST credit adjustments. This vehicle we are using for business purposes only. also use the motor vehicles for transport of their staff etc. Copyright Clearmytax. Example of a New Vehicle Purchase. 4. and above. However, If ITC is not claim , then GST is on Profit Margin (Sale â Purchase) For any questions, you may reach us at Discussion Forum. It may be noted here that input tax credit on motor vehicles is generally blocked under Section 17(5)(a) of the CGST Act, 2017 and is available when such motor vehicle is used for further supply, transportation of passengers and imparting training of driving of such vehicles. As in the above case the depreciated value comes to Rs 3,93,125/- while the selling price is Rs 2,50,000/- thus the margin for supplier is negative Rs 1,43,125/- , which shall be ignored and the value of supply for levy of GST will be NIL in this case. What is the rate of GST on sale of used motor vehicles/cars ? However, the government has never considered this request fearing a loss in revenue. Post that, GST rate on used vehicles sale was reduced and cess was removed from such supplies. GST Memorandum 8-2 sets the following limits for claiming HST ITC for a purchased passenger vehicle: ITC entitlement on passenger vehicles and aircraft Corporations can claim the full HST ITC if the passenger vehicle is used primarily (over 50%) for commercial activities. Further in such a situation you will also be able to avail input tax credit in regard to GST paid on Services of general insurance, servicing, repair and maintenance of said Truck. Further income tax law requires computation of depreciation on block of assets , but for the purpose of computation of margin as above , the depreciated value should be determined for the specific vehicle which is being sold. Special supplies. ITC is not available where composition scheme is available. 3. 36/2017-Central Tax (Rate), dated 13-10-2017, w.e.f. Such dealers can supply the goods as such or after minor processing which does not change the nature of such goods. charge 5% and on ITC is available) then is there any way out to take ITC of GST paid on purchase of Buses? Yes, the invoice has to be raised for selling capital goods with GST. We are running a Rent a Cab Business ( Travels ) and we are registered partnership firm in GST In cases where sale of old motor vehicles is made by a GST registered person, without doubt such a supply will be taxable under GST Law and such a person needs to pay GST at applicable rates. are also used by a manufacturer or job worker or works contractor or trader for transport for goods or staff and workers. Sir within State supply (supplier and recipient in same State / UT) as in case of Inter-State supply of goods, registration becomes mandatory as per Section 24 irrespective of quantum of aggregate turnover and consequently payment of GST will be trigerred in such cases. In such a case also, if sale price exceeds purchase price( which is next to possible), GST will be payable on above rates on such margin to supplier. In order to submit a comment to this post, please write this code along with your comment: 2f95ed3762ac0c01a6df54418b1cf57b. FAQs on quarterly filing of GSTR-3B and monthly payment of tax (QRMP Scheme), GST E-invoicing: Answers to 10 FAQs you should know, FAQs on Aadhar Authentication while obtaining GST Registration, FAQs on Registration and login on GST e-invoice portal, FAQs on blocking and unblocking of e-way bill generation facility in EWB portal, FAQs on how to opt for Composition Scheme. A reduction in GST will lower the upfront cost of vehicles, thereby acting as the necessary push towards improving sales during the ongoing unprecedented sales slump in the automotive industry. The Government had reduced the GST rate on old and used vehicles in cases where the input tax credit / CENVAT credit has not been availed in respect of the motor vehicles, vide Notification No. Purchase of Vehicle & GST Implications www.thetaxtalk - Since the GST law has came into force various notifications and amendment has been made on issue of old car sale. Here even though the sale of old car by an individual is for a consideration, it cannot be said to be in the course of furtherance of his business, and hence does not qualify to be a supply per se. Can a company pay gst at different rates for buses given on contract as staff buses (18 % with itc) and daily services (5 % with no itc), There is no such restriction. For example, you purchased a passenger vehicle from a GST registrant in Alberta for $60,000 and, at the time you brought the vehicle into BC, the depreciated purchase price of the vehicle was $40,000. what i have read is-Where the govt. GST on sale of old and used vehicle by an individual (not engaged in any business). GST is a tax on supply of goods or services. Apportioning GST. If the person opts for 18% scheme, the ticket price shall increase and customers will not pay that amount. GST @12% (CGST + SGST or IGST) on All Old and used Vehicles other than those mentioned from S. No. Sub 4-metre cars ; Petrol engines less than 1.2l: This is the most popular car segment in India with cars such as Maruti Suzuki Dzire, Hyundai Grand i10, Toyota Etios Liva, Volkswagen Polo among others, that have been levied with a GST rate equal to 29%, a â¦ No ITC was availed but deprecation as per Income Tax is availed. GST being an ad valorem tax, in cases where GST is applicable on supply of old vehicles, we need to determine the value of supply, on which applicable GST rate shall be applied to find out the GST payable. GST rate which is levied and its ITC provisions depend on what type of passenger vehicle we purchase i.e. Note: SUV includes a motor vehicle of length exceeding 4000 mm and having ground clearance of 170 mm. All rights reserved. It may be noted here that above special procedure is applicable only in cases where no ITC has been availed by the second hand goods dealer. This will need to be recorded as an asset so that it appears on your financial statement. This normally means you won't be able to claim GST on the purchase. If someone is into the business of transport of passengers, and the person is into 5% scheme (i.e. In case a used car is sold by any individual for purchasing a new car or otherwise and such individual is not engaged in business of buying and selling cars. If exemption limit is breached then such person need to obtain GST registration and pay GST on supply of old car. Budget 2021: A new condition introduced to avail Input Tax Credit. (c) imparting training on driving, flying, navigating such motor vehicles or conveyances; In view of the above the input credit, for inward supply of vehicles and other expenses incurred in relation to such vehicles, shall not be deniable in following cases: 1. where the motor vehicles are used by the business entities referred here in above for transport of inputs, semi-finished goods, out-put and/or capital goods, plant, machinery, spares, stores and/or fuel, 2. If you use a motor vehicle solely in carrying on your business and you're registered for GST, youâre generally entitled to claim a credit for the GST included in the price of the vehicle, provided you have a tax invoice. 12. She has authored many publications on GST and is into full time consultancy on GST to big corporates. Can I still claim the gat content on the vehicle if I have minimal income claimed for last month of financial year. 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