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One of our readers wrote to us with query:
I along with several MFDs in Gwalior have received notice from the local GST department seeking clarification on our GST liability. According to them, mutual funds distributors will have to take GST registration number and pay GST from Re.1.
However, as per AMFI FAQ, distributors are exempted from paying GST if they don’t have GST registration and earn less than Rs.20 lakh. But the local authority does not want to recognise this FAQ.
Can you provide a government document, which says that the mutual fund distributors are exempted from paying GST till the threshold limit of Rs.20 lakh per annum?
Regards,
Aditya Gangwal, Gangwal Securities, Gwalior
Dear Aditya,
Thanks for writing to us.
On the applicability of Rs.20 lakh exemption, according to the government rules, under the Integrated Goods and Services Tax Act, 2017, any person making inter-state supplies of taxation services and having an aggregate turnover of up to Rs.20 lakh, to be computed on all India basis is considered as exempted from obtaining GST registration. Such a limit is Rs.10 lakh for special states.
Now, the question is whether mutual fund distributors fall under the services.
For this, you may visit the website of the Central Board of Indirect Taxes and Customs (CBIC) and go to the GST tab. You will see a section called GST Rates, Ready Reckoner. From there, select the ‘Classification of services’.
After that, you will see two sections - explanatory notes and scheme of classification of services. You may download the explanatory notes as it is a more precise document.
In the explanatory notes, MFDs come under the Harmonised System for Nomenclature (HSN) code 997152 i.e. brokerage and related securities and commodities services including commodity exchange services.
This service code includes:
- Brokerage services (that is bringing together purchasers and sellers of the same instrument) for securities
- Services of acting as a selling agent of units, shares or other interests in a mutual (investment) fund
- Sales, delivery and redemption services of government bonds
- Brokerage of options
- Brokerage services for commodities and commodity futures, including financial futures
- Brokerage services for financial derivatives
- Computer-based clearing and settlement for interchange of debits, credits and transfer of ownership of securities
Click here to read the explanatory note.
Hope we have addressed your query.
Regards,
Team Cafemutual
Disclaimer: Please note that Cafemutual has spoken to GST experts at consulting firms, compliance officials at AMCs and chartered accountants to write this article. We intend to clarify your doubts on GST. This does not tantamount to be a tax advice of any nature or a recommendation. Please take advice from a qualified tax advisor for your guidance.