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TAX MASALA paid CA opinion service
We are paying two things to manpower agency (Reimbursement of salary for the employees provided and Service charge of 10% for there service of providing the manpoer….On what value service tax will be applicable (on full value of invoice or only on service portion).
Scope of manpower service:
When individuals are contractually employed by the manpower agency and the agency supply their services to other organization. Employer employee relationship is existed between manpower agency and the individual. Manpower agency is supplying manpower services to other organization. So here service tax liability will be arisen.
Service tax percentage:
Service tax percentage for manpower supply is 12.36% up 31 May, 2015. From 1st june, 2015, it is 14%.
Reverse charge mechanism in service:
Full reverse charge mechanism is applicable in manpower supply from 1st April, 2015.
This chart can show the RCM applicability. Rate is considered at 14% (latest rate)
Service provider Service receiver Service tax charged and payable by service provider Service tax payable by service receiver under RCM Individual Individual 14.00% 0% Individual HUF 14.00% 0% Partnership firm Body corporate 0% 14.00% Partnership firm Individual 14.00% 0% Body corporate Body Corporate 14.00% 0% individual Body corporate 0% 14.00% Individual Partnership firm 14.00% 0% Body corporate Individual 14.00% 0%
Value of taxable service:
Value of taxable service will include the following:
As per clarification by department via M.F.Dr. letter F.No. B 1/6/2005-TRU dated 27.07.2005 that service tax is to be charged on full value of consideration for the supply of manpower, whether full time or part time.
So in value, salary or wages of employees plus service charges should be considered as total taxable value.
Bill is Rs. 220000. Segregation of which is
Employee salary 200000 Service charge 20000 Taxable value for service tax purpose 220000
Abatement is not available for manpower supply service.
Answer to question:
The answer is that you are required to pay service tax on total value which is reimbursement of employees plus service charges 10%. It is irrelevant that service provider segregates the value of service.
Point 2.2 – manpower recruitment service
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