Determining the Location of Banking and Financial Service Supplies for GST
Under GST, determining the place of supply for banking and financial services is crucial for tax compliance, especially for institutions with a national presence. This article clarifies the rules for customers, detailing how GST applies to various transactions. It also examines the specific regulations for advertisement services provided to government entities across different states, illustrating with practical examples to ensure clarity on tax allocation.
Determining the Location of Banking and Financial Service Supplies for GST
Goods and Services Tax (GST) operates as a consumption-based destination tax. Consequently, any taxpayer engaged in supplying or selling goods and services must register in every state where such activities occur. Given that most banks maintain a nationwide presence, they are obligated to register across all Indian states. Furthermore, banks extend services both to their internal branches and to other banking institutions.
Transactions occurring between a bank's various branches are subject to GST. The diverse and extensive range of services offered by banks and Non-Banking Financial Companies (NBFCs), beyond standard banking operations – including activities like lease agreements, hire-purchase arrangements, actionable claims, and both fund-based and non-fund-based services – introduces complexity to GST compliance. This discussion focuses on understanding the place of supply for banking and financial services from the customer’s perspective, detailing the applicable charges. For insights into the banking sector’s view, refer to our article on the Impact of GST on Banks and NBFCs.
Identifying the Place of Supply for Banking and Financial Services
In these scenarios, it is presumed that the individual has exceeded the allotted free transactions and is consequently incurring charges for cash withdrawals.
Place of Supply for Government Advertisement Services
For advertisement services provided to various governmental bodies, including the Central Government, State Government, statutory bodies, or local authorities, the place of supply is considered to be each respective State or Union Territory. If the service extends to multiple states, all involved states are deemed places of supply, with the tax allocated proportionally to the value of services rendered in each.
Example 1: State-Specific Advertisement
If PVR Cinemas in Bangalore agrees to screen a Karnataka government public service announcement against drunk driving before every movie, the place of supply is Karnataka. The applicable GST would be a combination of Central Goods and Services Tax (CGST) and State Goods and Services Tax (SGST).
Example 2: Pan-India Advertisement
When the Central Government awards an advertisement contract to ADS Ltd., a Delhi-registered firm, to promote the 'Make-In-India' initiative across all states, the places of supply include Delhi and all other states and union territories. For Delhi, the GST comprises CGST and Union Territory Goods and Services Tax (UTGST), while for all other states and UTs, Integrated Goods and Services Tax (IGST) applies.