• RCM fee paid to advocate for filing GST return

Is there rcm on the fees paid to advocate monthy say 1000 for gst return filing? If advocate is unregistered then? If the fees of advocate not shown in gst return and can we show in incometax return?
Asked 6 years ago in GST

Yes GST under RCM will be applicable on consultancy fees paid to advocate.

Yes if can be shown in income tax return even if GST has not been paid on same.

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

Hi,

 

Hope you are doing well !!

 

Yes, RCM is applicable on advocate fees.

 

Yes, even if the fees of advocate not shown in gst return and you can show in incometax return.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi,

 

There is no need to pay GST under RCM for fees paid to the advisor for filing GST return.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Yes you are liable to pay GST on RCM on monthly fees paid to advocate.Legal services means advice or consultancy in any branch of law. Yes you can shown in income tax return.

Vivek Kumar Arora
CA, Delhi
5006 Answers
1133 Consultations

You don't have to issue invoice for such service. Invoice will be issued by advocate only. You just need to show it under GSTR 3B and take credit.

 

No RCM on fees paid to CA.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hi,

 

- You need not to generate invoice for advocate fees. Pay GST on the invoice received from the advocate. You are only required o shown in GSTR-3B only and not in GSTR-1 as GSTR-1 is for sales data. 

 

- RCM concept is not applicable on fees paid to CA. CA'a are not exempt from GST. They will charge GST on their invoice.

 

Thanks

Vivek Kumar Arora
CA, Delhi
5006 Answers
1133 Consultations

Hello,

 

Yes, RCM is applicable on services by an advocate to a business entity.

 

You need to show it in your GSTR-3B and claim ITC.

 

Fees paid to CA is not covered under RCM as of now.

 

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Such fees for filing GST returns is not covered under reverse charge. The legal services by an advocate are covered.

You can show such expenses in income tax return.

Fees paid to CA are also not covered under reverse charge.

 

Reverse charge on services provide by unregistered service providers has been suspended.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Hi

Answer to your follow up ques:

It is to be shown in GSTR 3b only,not in GSTR 1 or 2.

No RCM on fees paid to CA.

 

 

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

Hi,

 

You are only required to show it in GSTR 3B.

 

RCM is not applicable to fees paid to CA.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

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