Wednesday, 23 January 2019

determination of value exchange of currency, other than Indian rupees and air travel agent


Rate of exchange of currency, other than Indian rupees, for determination of value

The rate of exchange for determination of value of taxable goods or services or both shall be the applicable RBI reference rate for that currency on the date of time of supply as determined in terms of section 12 or section 13 of the CGST Act.



Special provision related to determination of Value of service of purchase or sale of foreign currency including money changing 
Option-1
Case 1: Transaction where one of the currencies exchanged is Indian Rupees Taxable value is difference between buying rate or selling rate of currency and RBI reference rate for that currency at the time of exchange multiplied by total units of foreign currency. However if RBI reference rate for a currency is not available then taxable value is 1% of the gross amount of Indian Rupees provided/received by the person changing the money. 
Case 2
Transaction where neither of the currencies exchanged is Indian Rupees 
Taxable value will be 1% of the lesser of the two amounts the person changing the money would have received by converting (at RBI reference rate) any of the two currencies in Indian Rupees.

 Option-2 The person supplying the service may also exercise the following option to ascertain the taxable value, however, once opted then he cannot withdraw it during the remaining part of the financial year: 
•One percent of the gross amount of currency exchanged for an amount upto one lakh rupees, subject to minimum amount of two hundred and fifty rupees. 
•One thousand rupees and half of a percent of the gross amount of currency exchanged for an amount exceeding one lakh rupees and up to ten lakh rupees. 
• Five thousand rupees and one tenth of a percent of the gross amount of currency exchanged for an amount exceeding ten lakhs rupees subject to a maximum amount of sixty thousand rupees.

Special provision related to determination of value of service of booking of tickets for air travel by an air travel agent
 Taxable value is 5% of basic fare in case of domestic travel and 10% of basic fare in case of international travel. Basic fare means that part of the air fare on which commission is normally paid to the air travel agent by the airline.
 The expression ‘basic fare’ means that part of the air fare on which commission is normally paid to the air travel agent by the airlines. 
Special provision related to determination of value of service in relation to life insurance business 

Taxable value varies with nature of insurance policy. The details are as follows:
 • Where policy has dual benefits of risk coverage and investment – Taxable value is gross premium charged less amount allocated for investments or savings if such allocation is intimated to the policy holder at the time of collection of premium. 
• Single premium annuity policy where allocation for investments and savings is not intimated to the policy holder – taxable value is ten percent of the single premium charged from the policy holder.

• Other cases- Twenty five percent of premium charged from the policy holder in the first year and twelve and a half percent of premium charged for subsequent years. However, where insurance policy has benefit of risk coverage only, then taxable value is entire premium charged from the policy holder.

Value of supply inclusive of integrated tax, central tax, State tax, Union territory tax

Where the value of supply is inclusive of GST, the tax amount shall be determined in the following manner,

Tax amount= (Value inclusive of taxes X GST tax rate in %)/( 100+ sum of GST tax rates in %)
For example - If the value inclusive of tax is Rs. 100/- and applicable GST tax rate is 18% then
Tax amount = (100x18)/ (100+18) = 1800/118=Rs. 15.25

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