Contract employees and staffing services are crucial for contemporary business operations. Under the Goods and Services Tax (GST) framework, the tax treatment for remuneration paid to contract employees, workforce suppliers, and staffing agencies differs significantly from that of conventional salaried employees. While salaries for regular employees are exempt from GST, payments made to contract employees are subject to GST.

This article details the GST implications for contract employee remuneration, covering applicable rates, eligibility for Input Tax Credit (ITC), exemptions, required documentation, and recent legal rulings.

GST Applicability on Contract Employees

• Regular Employees: Services rendered by an employee to an employer as part of their employment are not considered a supply under Schedule III of the CGST Act.
• Contract Employees & Manpower Supply: When an individual or an agency provides manpower or contract employees on a principal-to-principal basis (i.e., not as regular employees), these services are subject to GST.

Key clarifications regarding GST applicability across various scenarios include:

GST Rate on Contract Employee Services

• Most contract employees and manpower supply services attract an 18% GST rate for contract staffing services (SAC 998513), long-term staffing (SAC 998515), and temporary staffing-to-permanent placement (SAC 998516).
• If a contract encompasses both goods and services (e.g., construction activities), it is categorized as a works contract and is subject to 18% GST under SAC 9954.
• Pure labour contracts are generally taxed at 18%, unless specific exemptions apply, such as those for certain government projects or public welfare schemes.

Input Tax Credit (ITC) on GST Paid for a Contract Employee

Businesses are eligible to claim ITC on the GST paid for contract employee services, provided these services are utilized in the course or furtherance of their business operations.

Restrictions:

• Reverse Charge Mechanism (RCM): If manpower supply is received from an unregistered supplier, GST may be payable under RCM, and the recipient can subsequently claim ITC.
• ITC is not available if the contract employee services are used for personal consumption or for generating exempt supplies.

Documentation for GST Compliance in Contract Staffing

For proper GST compliance in contract staffing, the following documents are essential:

• A GST-compliant tax invoice issued by the agency or manpower supplier.
• A comprehensive manpower supply agreement detailing the scope and terms of service.
• Attendance and wage records to verify the provision of services.
• Proof of GST payment, particularly if the Reverse Charge Mechanism (RCM) is applicable.
• The vendor's GST registration certificate, if relevant.
• Payment vouchers and corresponding accounting entries to establish an audit trail.

GST Exemptions for Contract Employee Services

Certain exemptions apply to contract employee services:

• Services provided by an employee to an employer within the scope of employment are not taxable under Schedule III of the CGST Act.
• Pure labour contracts for specific government initiatives, such as the Pradhan Mantri Awas Yojana (PMAY), public welfare programs, and functions of panchayats or municipalities, are exempt from GST.

Case Laws & AAR Rulings

Several rulings have provided clarity on GST applicability:

• AAR, Karnataka (2018): Confirmed that labour supply for government housing projects under PMAY is exempt if it constitutes a pure labour contract.
• AAR, Maharashtra (2019): Ruled that manpower supply to companies (not on an employer-employee basis) is subject to 18% GST (SAC 998513).
• AAR, Uttar Pradesh (2020): Stated that GST applies to both the reimbursement of wages and service charges paid by the recipient to the manpower agency.