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GST on Employee Secondment and Cost Reimbursement

A comprehensive guide on GST on employee secondment and cost reimbursement.

15 Sept 20262 min read

Introduction

Employee secondment — where an employee of one company is deputed to work for another company — is common in group companies. The question arises: How is employee secondment treated under GST?

This guide explains the taxability, valuation, and compliance obligations.

Legal Framework: Taxability of Secondment

Secondment as a Supply

The Supreme Court in CC, CE & ST Bangalore v. Northern Operating Systems (P.) Ltd. [2022] 138 taxmann.com 359 held that secondment of employees constitutes a supply of manpower services and is subject to GST.

Employer-Employee Relationship

The critical test is whether the secondee employees are under the control and supervision of the host entity. If yes, the arrangement is a supply of manpower services.

GST Rate on Secondment

Secondment of employees attracts 18% GST.

Valuation of Secondment Charges

Cost-to-Cost Reimbursement

Where the salary is reimbursed on a cost-to-cost basis without any markup, the value of supply is the actual cost.

Markup

Where a markup is charged, the value of supply includes the markup, and GST applies to the full amount.

Pure Agent Exception

Where the seconding company acts as a pure agent of the host entity and the conditions under Rule 33 are satisfied, the reimbursement may be excluded from taxable value.

Documentation Requirements

  • Secondment Agreement: Documentation of the secondment terms.
  • Secondment Invoice: Invoice for the secondment services.
  • Payroll Records: Documentation of salary and costs.
  • GSTR-1 Reporting: Report the secondment income.

Best Practices

  • Determine the Nature of Relationship: Assess whether the secondee is under the host entity's control.
  • Apply Correct GST Rate: Apply 18% GST where secondment is a supply.
  • Maintain Records: Document the secondment arrangement.
  • Seek Professional Assistance: For complex secondment arrangements.

Conclusion

Employee secondment is a supply of manpower services under GST, attracting 18% GST. The critical test is control and supervision. Proper documentation is essential.


Dealing with employee secondment? Anuj Desai & Associates provides expert guidance on GST compliance. Contact us today.

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