Understanding Goods and Services Tax for Legal Professionals in India
This article provides a comprehensive overview of how Goods and Services Tax (GST) applies to legal professionals in India. It delves into the specific conditions for GST registration and the taxability of services offered by individual advocates, law firms, and senior advocates. Furthermore, the discussion covers important exemptions available under the CGST Act and outlines the standard GST rates and SAC codes relevant to legal and accounting services.
Under the Central Goods and Services Tax (CGST) Act, legal services offered by individual advocates, law firms, and senior advocates are subject to an 18% GST rate. This article explores the specific conditions for GST applicability, available exemptions, and the applicable GST rates for various legal service providers.
GST Applicability for Legal Professionals
Legal services encompass all forms of consultancy, assistance in any legal domain, and representation in courts or tribunals, as rendered by lawyers or advocates. The provision of these services generally falls under the purview of GST.
Mandatory GST Registration
Legal professionals, including advocates, senior advocates, and law firms, must register for GST if their aggregate turnover surpasses the prescribed threshold, irrespective of whether the services are exempt or taxable. Additionally, if the tax liability operates under a forward charge mechanism, registration is required. For legal services supplied to corporate entities with a gross turnover exceeding INR 40 lakh, GST is applied under the reverse charge mechanism.
Legal Service Taxability Details
For individual advocates or law firms, GST is applicable on a reverse charge basis when services are rendered to a corporate body whose gross turnover exceeds the GST registration threshold.
For senior advocates, GST becomes applicable when their services are provided to:
- Individual advocates or law firms
- Other senior advocates
- Corporate bodies with a gross turnover exceeding the registration threshold.
However, specific legal services are eligible for exemptions, as elaborated in the subsequent section.
GST Exemptions for Legal Services
As per Notification No. 12/2017 Central Tax, certain exemptions apply to legal services provided by individual advocates, senior advocates, and law firms:
- Services by Individual Advocates or Law Firms: These legal services are exempt if supplied to:
- Individual advocates or other law firms
- Senior advocates
- Business entities that qualify for GST registration exemption under the CGST Act, 2017
- Government entities
- Non-business entities
- Services by Senior Advocates: These legal services are exempt if provided to:
- Business entities that qualify for GST registration exemption under the CGST Act, 2017
- Government entities
- Non-business entities
GST Rates and SAC Codes for Legal and Accounting Services
| SAC | Service Description | SGST | CGST | IGST |
|---|---|---|---|---|
| 9982 | Legal and Accounting Services | 9% | 9% | 18% |