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GST: Non Compete Fees Under GST in Hindi

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Published on 24 Feb 2020 / In GST

GST: Non Compete Fees Under GST in Hindi

1. Non-compete agreements are entered during acquisitions that restrict the seller from starting a new venture for some time or poaching employees and customers under GST.
E.g.: Employer is given an amount to not to join competitor company.

2. Issue: Department is saying that non-compete fees is taxable and tax is payable @18%.

3. Different views expressed under GST:

As per taxman, it is service provided by seller of business to buyer of business.
ICAI in its background material has cited ‘non-compete agreement for a fee’ as an example of sub para (e) para 5 of schedule II.

4. As per Schedule II para 5 sub para (e), “agreeing to the obligation to refrain from an act or a situation, or to do an act”, it can be confirmed as deemed service but there exists difference of opinion.

5. Registration requirement can also arise in such a case if amount paid as non-compete fees exceeds Rs. 20 Lakh.

6. Though fate of these agreements shall be known later but drafting of agreement is the key. The Non-compete agreements should be designed very carefully.

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