Remuneration of partner charged to partnership firm as per IT Act, can be termed as supply of services? If yes then its taxable or exempt and on what basis? remuneration charged given by company to its executive directors and whole time directors are supply of services? if yes then its taxable supply or exempt supply?
Reply— No, GST is not applicable on Partner's remuneration.
As per sec 7(2) of IGST Act Supply excludes services supplied by an employee to the employer in the course of or in relation to his employment. Whole time director is considered as an employee of the company and commission received by him is in the course of his employment. So GST is not applicable on services supplied by a whole time director.
18% GST is applicable on services supplied by a director (other than whole time director) of a company or a body corporate to the said company or body corporate and it is covered under reverse charge mechanism, thus such company or body corporate is liable to pay tax under reverse charge mechanism.
However GST is not applicable on duties performed by any person as a Chairperson or a Member or a Director in a body established by the Central Government or a State Government or local authority and who is not deemed as an employee before the commencement of this clause. (refer Schedule III of CGST Act)
Posted Date: Sep 26, 2019