Uploaded on Jan 12, 2023
We all think that taxes are an incredibly complicated ordeal. But not to those who have knowledge about it. Wouldn’t all of us like to be one of those people? So, head on to S20’s website and check out our taxation course in Ahmedabad and become an expert in taxes. Read on to know one of the most important concepts under taxation, ISD.
Input Service Distributor (ISD) under GST: Brief Guide
Input Service
Distributor (ISD)
under GST: Brief
Guide
We all think that taxes are an incredibly complicated
ordeal. But not to those who have knowledge about it.
Wouldn’t all of us like to be one of those people? So,
head on to S20’s website and check out our taxation
course in Ahmedabad and become an expert in taxes.
Read on to know one of the most important concepts
under taxation, ISD.
A provider of goods or services may have several
locations, including their head office, registered office,
regional office, marketing office, branch, godown, and
sales depot. Each of these locations uses a variety of
input services, including security, communication,
courier, and housekeeping costs, to name a few, and is
responsible for paying service tax. To overcome the
difficulty of effectively utilising accumulated credit,
such units and premises may register as an Input
Service Distributor to get credit on such input services
and to distribute credit to other units.
A taxpayer who receives invoices for the services used
by its branches is known as an Input Service Distributor
(ISD). By generating ISD invoices, it distributes the tax
paid, known as the Input Tax Credit (ITC), to such
branches in a proportionate manner. The branches
must share the same PAN as the ISD but may have
different GSTINs.
Let’s use an illustration to clarify. Company ABC
Limited’s head office is in Mumbai, and company also
has offices in Chennai, Delhi, and Kolkata. On behalf of
all of its branches, the head office incurred a yearly
software maintenance charge (service received) and
was billed for it. Since the software is utilised by every
branch, Mumbai is not a valid location to claim input
tax credits for the full scope of services. To all three
sites, the same must be given. The Input Service
Distributor in this case is the headquarters in Mumbai.
Definition of ISD
According to Section 2(61) of the CGST Act of 2017, a
“Input Service Distributor” is a location of the supplier
of goods or services or both that accepts tax invoices
issued under Section 31 for the receipt of input
services and issues a prescribed document in order to
distribute the credit of central tax, State tax,
integrated tax, or Union territory tax paid on the
aforementioned services to a supplier of taxable
goods or services or both having the same Permanent
Account Number.
According to the definition, an office of a firm that
distributes input services is known as an input service
distributor (ISD) under the GST. This office receives
tax bills for input services and distributes the
applicable input tax credit to other branch offices of
the same company.
Registration Under GST
A distinct registration must be obtained by an ISD.
There is no minimum need for ISD registration, and
registration is required. Businesses that are currently
ISDs under the current system (service tax, for
example) will need to apply for a new ISD registration
under the GST. This is due to the fact that the current
ISD registration won’t be transferred to the GST
system.
Relevance of ISD
For companies operating in India with several branches,
ISD under GST is relevant. Each branch from which a
taxable supply is made, as required by these businesses,
must have a GSTIN. The business would receive ITC (Input
Tax Credit) in the form of SGST, CGST, or IGST based on
the purchases made by the head office or branch. Here,
the government has created the ISD idea as mentioned
below to make sure that the ITC is fairly allocated among
the various business branches.
If the recipients of the credit experienced turnover in
their State or Union territory in the fiscal year prior to the
fiscal year during which the credit is to be distributed,
the fiscal year in question;
If some or all of the recipients of the credit experienced
no turnover in their State or Union territory in the fiscal
year prior to the fiscal year during which the credit is to
be distributed, the last quarter for which information
regarding the recipients’ collective turnover is available.
Purpose of Registering As
An ISD
The idea of an ISD is a facility made available to
businesses with a high percentage of shared expenses,
where invoicing and payment are handled from a single
site. The facility is intended to strengthen the seamless
flow of credit under GST, and the mechanism is
intended to make the input tax credit application
process for firms simpler.
Where Is ISD Not
Applicable?
In the following circumstances, ISD cannot disburse the
input tax credit:
Where input and capital products are eligible for ITC.
procurement of equipment and raw supplies, for
instance.
ITC can’t be given to contractors who make goods or
offer services.
Ratio of Distribution Of
Credit By ISD
Only the unit to which the supply is directly due must
receive the credit. If input services may be attributed
to more than one credit recipient, the distribution will
be based on the State/Union Territory’s turnover, pro
rata. Assume an ISD has 4 locations around the nation.
The ISD, however, may only transfer the credit to that
unit and not to other units if a certain input service
only relates to one unit and the bill is raised in the
name of the ISD. If the input services are shared by all
units, then the distribution will be based on the overall
turnover ratio of all the units.
How Input Tax Distributor
can distribute the credit
under GST
In cases where ISD and the distributor are located in
the same state:
In cases where ISD and the distributor are located in
different states:
It should be noted that if the ISD and recipient are in
different States, the credit for CGST and SGST can also
be issued as IGST. Large organisations with presence in
multiple States have added this for easy credit. A
situation where an ISD receives invoices for input tax
credit after paying CGST and SGST (on intra-State
supply) yet the destination unit is some other states
may occur in practise. The ISD cannot use the
aforementioned input to make any credit claims if it
transfers the SGST of its state to the destination state.
Consider this situation, Upon payment of CGST and
SGST (West Bengal), an ISD located in Kolkata may get
an invoice for intrastate supply of input services. This
service may be shared by its units located in the State
of Jharkhand as well as other states. The CGST credit
can be given to all of the ISD’s units, and those units
can spend the credit without any issues. However, if
the SGST (West Bengal) credit is given to units in other
states, those states are not permitted to use it for any
other reason. Therefore, if the ISD and Unit are located
in separate States, a careful provision has been
provided in the statute that allows for the distribution
of such SGST Credit as IGST. Once the SGT (West
Bengal) credit has been allocated as IGST to the units
in other states, those units may use the IGST credit to
pay their respective state’s CGST or SGST.
Filing of Returns by ISD
Every ISD must submit monthly returns in GSTR-6
within thirteen days of the end of the month in
accordance with Rule 65 of the CGST Rules 2017 and
must provide details regarding all ISD invoices issued.
The relevant recipients will receive the details from the
returns in their GSTR 2A. The beneficiaries are free to
credit them and include them in their GSTR-2. An ISD is
exempt from filing an annual return. Any invoices for
which the tax is to be discharged via the reverse
charge procedure are not acceptable to an ISD. This is
so that tax credit distribution can be made easier
thanks to the ISD mechanism. As a person obliged to
pay taxes, the ISD cannot release itself from any tax
obligations or pay taxes to the government. ISD must
register individually as a Normal taxpayer if it intends
to accept products with reverse charges.
Taxation can become very complicated to understand.
That is why we are here to make it easy for you! Head
over to S20’s website and check out our
taxation course in Ahmedabad and we are sure you’ll
come out an expert.
Article Source:
https://s20.in/blog/input-service-distributor-under-gst-br
ief-guide/
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