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  • MF News AMCs to deduct GST from commission from July 1

    AMCs to deduct GST from commission from July 1

    PwC recommends AMCs to deduct GST from commission of distributors who do not have GST registration.
    Nishant Patnaik Jun 22, 2017

    AMCs are likely to deduct GST from the commission of distributors who do not have GST registration number and pass it on to the government from July 1.

    In a meeting with AMFI last Saturday, PricewaterhouseCoopers (PwC) has recommended fund houses to deduct GST on commission income of distributors who do not have GST registration number.

    Earlier, AMFI had appointed PWC to prepare a whitepaper on the implementation of GST and its impact on the mutual fund industry.

    Explaining to Cafemutual, how the new GST regime would be implemented, a senior official who attended this meeting said, “Theoretically, the government has exempted distributors earning less than Rs.20 lakh from taking GST registration number. However, if a distributor sell schemes of a fund that is based outside his home state, he has to take GST registration number. Suppose, a Chennai based distributor is selling the schemes of a Mumbai based fund house, he will have to take GST registration. In addition, Maharashtra-based distributors earning less than Rs.20 lakh dealing only with Maharashtra based AMCs need not take GST registration but unlike service tax, GST has to be paid from Rs.1. Hence, IFAs are better off taking GST registration number to get gross commission irrespective of their income so that they can save some amount through input credit.”

    In a recent communication sent to distributors, Motilal Oswal MF has urged its distributors to take GST registration number. The company said, “All the distributors located outside the Maharashtra state are liable to register and pay GST from rupee 1 turnover. We urge all the distributors located outside Maharashtra to immediately register under GST regime (If they have not done so) and if already registered, provide us the number. For distributors having their place of business in Maharashtra would register based on the limit of Rs.20 lakh.”

    The fund house has also requested IFAs to follow practice of raising invoice for the brokerage or commission.

    The CEO from a private fund house told Cafemutual that GST norms require that all distributors would have to take GST registration irrespective of their earnings. Non-registration is non-compliance with GST norms, he said.

    With effect from July 1, 2017, the government has exempted distributors earning less than Rs.20 lakh from paying GST.

    Another senior official said that the re-introduction of reverse charge mechanism would help distributors to deal with multiple state registration. He says, “AMCs anyway may have to register with all states. However, reverse charge mechanism will shift the onus of paying service tax on AMCs on behalf of distributors. This could reduce the cost of compliance for distributors. However, a few distributors who earns less than Rs.20 lakh may get affected but it would benefit them all for sure in the long term.”

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    80 Comments
    A K Bharadwaj · 6 years ago `
    If an IFA having registered with GST and provide the services intrastate under forwardcharge mechanism ,whether he may claim exemption from Government if is earning is lessn than
    DWARKA NATH MUSKARA · 6 years ago `
    If a IFA registers under GST, and his brokerage is below 20 lakhs, will he gets refund of GST deducted by AMCs
    Sandeep Karkhanis · 6 years ago
    When IFA is registered for GST & income is less than 20 lac , AMC won't deduct GST.
    divyesh shah · 6 years ago
    how ARN holder tegister under GST and get GST NO ? How much charhe payable to get GST no
    Reply
    Dr. Arvind Mehta · 6 years ago `
    I am a IFA , Small small saving , and Insurance agent but total annual income is less than 10 lakhs, so I too also registered for GST?
    Sandeep Karkhanis · 6 years ago
    If you don't register for GST, AMC will deduct GST under RCM.
    Irfan · 6 years ago
    Sandeep Sir,
    I am MF distributor
    As you said If I don't register for GST, AMC will deduct GST under RCM. It is just like they already deducting service tax or it will be something different. Please guide
    Reply
    Srini · 6 years ago `
    If I am not registered with GST will the AMC deduct my Service Tax or Gst Tax -
    Scenario 1 : If i have income above Rs. 20 lakhs ; Scenario 2 : If I have an income less than Rs. 20 lakhs.
    Sandeep Karkhanis · 6 years ago
    Yes, in both scenarios.
    Reply
    Manik Sah · 6 years ago `
    Ideally AMCs will have to pay GST on the reverse charge basis, and get the input credit for the tax paid for their GST payments. (for unregistered IFA with turnover less than Rs. 20 lacs). Instead of asking these PWC people they should ask the government or CBEC. But they will deduct tax, where is this written. ask PWC
    Ralph · 6 years ago `
    What is very clear from the above is that since fine print details for GST are not yet implemented every one is confused and no one wants to take a call on exemption. Not even PWC !
    rajesh b thummar · 6 years ago `
    If I am not registered with GST will the AMC deduct my Service Tax or Gst Tax -
    If i have income less than Rs. 20 lakhs, will i gets refund of GST deducted by AMCs?
    Sandeep Karkhanis · 6 years ago
    Yes, AMC will deduct. No refund possible
    Reply
    PRABHAT AGNIHOTRI · 6 years ago `
    A retail distributor,earning less than 20 lakh gets registered under GST, & submits returns throughout the year:

    1) whether he ll file a return with zero tax each month,because he has below income?
    2) whether he ll file a return with periodic service tax paid on earnings?
    3) If the service tax paid periodically,ll be refunded to those IFAs.
    4) If the IFA is an entrepreneur & do not 've an office, or unable to do paperwork,would he suffer under the law?
    5) If the GST ll impact adversely to the small entrepreneurs?
    Sandeep Karkhanis · 6 years ago
    1. Yes, nil tax return.
    2. No service tax, GST to be paid every month, no GST if receipts <20 L, but 3 returns to be filed every month.
    3. No need to pay GST
    4. Once registered for GST, raising invoice on each AMC & filing 3 returns per month is compulsory. Else, you will face legal action.
    5. If registered, follow above procedure; if not registered, lose 18%
    Harsh Gupta · 6 years ago
    Can a nil return be filed after GST registration if the turnover is below 20 lacs. what happens to the invoices which are raised against the brokerage?should they be raised or not?
    Nilesh Motwani · 6 years ago
    There are few points to consider:-
    A- Once your register for GST on voluntary basis you have to charge and pay GST from Rs. 1 and will no longer be considered exempt till Rs. 20 Lacs.

    B- AMC will no longer deduct GST if you are registered.

    C- You need to raise monthly invoice with GST number of commission and GST (which you need to charge from Rs.1) and give the same to the AMC, for them to not deduct GST under reverse charge.

    D- Monthly return needs to be filed which cannot be a NIL return as you need to pay the GST charged by you to the AMC, on monthly basis.

    E- So instead of AMC deduction GST in reverse charge you will have to charge for it, pay it on monthly basis and file monthly returns.

    F- Benefit will be you can take input credit for other GST taxes you pay on your mobile bills,etc.

    Reply
    Srikanth · 6 years ago `
    I request cafemutual/writer of the article/any one to answer the questions asked,. other wise this whole thing becomes one sided and serves no purpose,. please.
    VIJAY · 6 years ago `
    Pl also provide the AMC list with their registration state.
    Sandeep Karkhanis · 6 years ago
    Not required, MFDs come under Reverse Charge Mechanism. If not registered for GST, they will be charged GST irrespective of the state.
    Reply
    V SRINIVASAN · 6 years ago `
    There seems to b confusion over GST once again. Suggest that the IFA's can be asked to give a Declaration/Undertaking that their earnings across all AMC's is less than Rs. 20 lakhs. for non deduction of GST.
    Tejas · 6 years ago `
    I request CM to clarify,

    How is GST charged for Direct Investments ?? Is it levied on investors or will the AMC be liable to pay

    Mangesh · 6 years ago `
    Good and very fast implementable suggestion to take undertaking from distributor and to be submitted at CAMS local office.
    Surendra Kumar Singh · 6 years ago `
    I am a IFA , Small small saving , and Insurance agent but total annual income is less than 10 lakhs, so I too also registered for GST?
    MANOJ CHHABRA · 6 years ago
    nother senior official said that the re-introduction of reverse charge mechanism would help distributors to deal with multiple state registration. He says, “AMCs anyway may have to register with all states. However, reverse charge mechanism will shift the onus of paying service tax on AMCs on behalf of distributors. This could reduce the cost of compliance for distributors. However, a few distributors who earns less than Rs.20 lakh may get affected but it would benefit them all for sure in the long term.” CONTENTS NOT CLEAR HOW SMALL DISTRIBUTORS WILL EFEECTED
    Reply
    Prashant · 6 years ago `
    Actually we all should take a brokerage statements from which GST will be deducted since right now all AMCs are taking the cenvat credit against their liability but still passing the service tax burden which they have already taken set off on us.
    S. Sujatha · 6 years ago `
    I am an IFA living in Chennai and my earnings is less than Rs 5 lakhs from Mutual Funds brokerage. Am I need to register under GST and file returns periodically irrespective of exemption granted up to Rs.20 lakhs? Why can't the AMFI or AMCs talk to the authorities and free us from arduous task?
    amit joshi · 6 years ago `
    if i register in gst and i do not have earnings more then 5 lacs , do i have to pay gst?
    Abhishek · 6 years ago `
    Is this 20L limit is for Mutual funds commission only.. Or is it inclusive of insurance commissions, share trading, FD, bonds etc. to??
    vIPUL jAIN · 6 years ago `
    IS THERE ANY SMALL SCALE BENEFIT IN GST AVAILABLE TILL 20 LACS LIKE RS 10 LACS IN SERVICE TAX FOR MUTUAL FUND BROKERS
    Karan · 6 years ago `
    I work with National Distributor, what will be the scenario for that? Will ND's deduct the GST and pay brokerage??
    SIDHARTH · 6 years ago `
    How to register for GST No. Please guide us.
    LAXMI KANT UNIYAL · 6 years ago `
    My yearly totally Income is less than 10 Lacs, should I have to get registered with GST.
    P k Jayanth · 6 years ago `
    Please give me clear idea of gst are we mandatorally registered with GST also exempt the smaller distributors those incomes are less than 10 lakhs pls reply
    Vipul Chhadwa · 6 years ago `
    I am a distributor From Mumbai earning less than 9 lakhs p.a.

    If I take GST number then:

    1) do I have to pay GST?

    2) do I have to file GST returns every month?
    K.V. Raghupathi · 6 years ago `
    Again the discussion is back to square one - whose cost is the service tax ie., whether that of the service provider - the IFA or the service receiver the AMCs. Why CWC was not asked to advice on this also?

    Even now, the law is the same as the service provider has the previlage to add service tax element into his brokerage and it is the obligation of AMCs, they being the service receivers to pay to the IFAs.

    AMFI should behave fairly considering the indirect contribution of IFA community for its existence. They themselves miserably failed to find a credible CEO to lead the forum, instead, find lot good time to act mischievously.

    What holds AMFI to explain the provisions of service tax in toto to all the stake holders of AMFI. Mr. Balasubramanya of Birla Sunlife MF, being the head of AMFI, please discharge your obligation by explaining your forum's understanding.

    I am curious to know whether service tax is an element to the professional fee raise by CWC for providing this advice or runs with a tag like, brokerage is inclusive of all levies including service tax- as they claim on brokerage statement.

    It is the time for AMFI standup and establish as Law is to follow in spirit and not by hiding being unfair
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