• Gst & tds related questions

Dear Sir or Madam, 

I have some queries for my business.

I have given a few franchises and I get franchise fees at the time of setup and royalty on their sales. 

1. What is the GST percentage on Franchise Fees? As transfer of intellectual property shows 12% but some people were saying its 18%.

2. What is the GST percentage on the royalty received? As transfer of intellectual property shows 12% but some people were saying its 18%.

3. When they pay the franchise fees or royalty to me do they need to deduct TDS? - There are many online platforms where I advertise my brand, and there they give a GST bill but I do not have to deduct any TDS, so in this case also as I am giving a GST bill do they need to deduct TDS? As the online advertising companies like Google India, Franchise India etc charge me the complete amount and no TDS is to be deducted. 

4. When is ESIC and PF applicable for my staff?

5. Is Unregulated Deposit Ordinance applicable on unsecured personal loans given to an unrelated person (e.g friends) via bank for personal reasons (like child's marriage etc)?
Also is it okay to give a loan to a company/individual for his business purposes?

Thank you! 

Regards
Asked 6 years ago in GST

Yes royalty is liable for deduction of TDS under section 194J of the income tax act and you can even claim deduction of such royalty in your return of income.

Is you are advertising and paying advertisement fees to someone that means you are under a contract and since they are charging you GST then you must deduct TDS under 194C and if the company is not registered in India then you need to deduct equalisation levy which is equivalent of TDS.

Currently there are many FAQ on unregulated deposit ordinance but as per my knowledge it only applies to persons who are in the business of providing loan so if you are just giving loan for business purpose then you can provide loan without any problems.

I am assuming you are a restaurant or something of that sort and ESI is applicable if there are more than 20 employees and it is applicable on employee having wages below 21000 per month.

PF is also liable for organisations with more than 10 employees and salary less than 15000 but the employer can also make other employees subscribe to EPF even with salary above this. So EPF is at the option of employer.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

- It is not transfer of intellectual property and hence rate is 18% on both i.e, franchisee and royalty fees.

- Yes TDS should be deducted by the payer. You are also required to deduct TDS when you make foreign payments.

- ESCI is applicable when no. of employees exceeds 20 and wages per employee per month is below Rs.21,000.

- EPF is applicable when no. of employee exceeds 10.

 

 

Vivek Kumar Arora
CA, Delhi
5004 Answers
1133 Consultations

Hi

 

1& 2. GST is 18% on this services

3.Yes TDS to be deducted

4.When no of employees exceeds 20 and wages more than 21000 then ESIC applies.

PF applies when no of employees more than 10.

5. Accepting loan from relative for personal reasons is not unregulated deposits.

 

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

Dear Sir,

 

1. 18%

 

2.18%

 

3.Yes, tds should be deducted.

 

4. The ESI scheme is applicable to all factories and other establishments as defined in the Act with 10 or more persons employed in such establishment and the beneficiaries’ monthly wage does not exceed Rs 21,000 are covered under the scheme.

The threshold for coverage of establishment is 20 employees in Maharashtra and Chandigarh.

 

Any Firm which has a more than 10 employees has to be registered with the Provident Fund 

 

5.No, it is not applicable on unsecured personal loans given to an unrelated person.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

No then ESIC is not applicable on you.

In EPF you can either accept this or you can provide EPF to everyone, it depends on the agreement between employer and employee, there are no strict rules.

You need to talk about that with Google that since this is a contract you are required to deduct TDS on same.

The policy of google and facebook ads about TDS is that the payer i.e you have to deposit the TDS amount from your pocket to the government. You then have to submit the TDS certificates to the Google Ads/Facebook and then the amount will be credited back to your ad account.

Google’s Permanent Account Number (PAN) is AACCG0527D and the registered address on the TDS Certificate should be:

Google India Pvt. Ltd.
No.3, RMZ Infinity, Tower E,
Old Madras Road, 4th & 5th Floor,
Bangalore – 560 016

You can send the TDS certificate by email to [deleted] or by courier on the following address

Google India Pvt Ltd,
9th Floor, Building 8, Tower C,
DLF Cyber City, DLF Phase 2,
Gurgaon, Haryana,
122002 India

If you are sending TDS certificate by courier, then signed the TDS certificates and send a cover letter that has your 10-digit customer ID.

Once you’ve sent the documents, contact google by email with the following details to get the credit:

  1. A digital copy of the TDS certificate (either electronically signed or a PDF scan of signed TDS certificate)
  2. Courier delivery receipt details

No TDS certificates for the previous financial year will be accepted if sent after April 30th of the current financial year. For example, all certificates for the fiscal year 2018-19 should be sent no later than 30 April 2019.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

I don't think that's a correct practice with regard to TDS but if you have some issue you can try.

They are your employees they only go there to train so they won't be required to get registered under ESIC.

I think you should make it for everyone because big companies where people with 50000 salary also get EPF so it's on you how you take it.

If you need any income tax related work you can contact me over mail at maloonaman402@gmail.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Dear Sir,

 

1. No, it is not applicable.

 

2. Yes, contributing to EPF is mandatory for the employees who have a basic salary plus dearness allowance is up to Rs.15,000 and those who are earning above Rs.15,000 may contribute voluntarily.

 

3.Please find below the link for your complete understanding:

https://taxadda.com/tds-payment-google-ads-facebook-advertisement/

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

No, it is not possible to follow the same procedure.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

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