GST on Director Remuneration Order by AAR with CA Praveen Sharma

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Published on 23 Apr 2020 / In GST

GST on Director Remuneration Order by AAR with CA Praveen Sharma

Companies will have to pay GST on the remuneration they dole out to directors, the Authority for Advance Ruling (AAR) has said.

In an application filed before the Rajasthan bench of the AAR, Clay Craft India Pvt Ltd had sought clarification on whether salaries paid to directors would attract Goods and Services Tax.

In its ruling, the AAR said, "the consideration paid to the directors by the applicant company will attract GST under reverse charge mechanism..."

The AAR, while analysing the case, said that Director is the supplier of services and the applicant of the company is the recipient of the services.

said that the Central Tax (Rate) notification clearly states that services supplied by a Director of a company will be considered as supply and hence directors cannot be called an employee.
"So it is very clear that the services rendered by the Director to the company for which consideration is paid to them in any head is liable to pay GST under RCM (Reverse Charge Mechanism)," the AAR order said.

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