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GST / Indirect Tax

GST on Principal-Agent Transactions: When Does the Agent Become Liable?

A practical guide to GST on principal-agent transactions, covering the definition of agent, deemed supplies under Schedule I, invoicing, registration and liability.

14 Aug 20264 min read

Principal-agent arrangements are common in distribution, consignment and commission sales. GST has specific rules that deem certain principal-agent supplies as taxable even without consideration, and the agent may also have its own liability for agency services.

Definition of Agent

Section 2(5) of the CGST Act defines agent as a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer or any other mercantile agent, who carries on the business of supply or receipt of goods or services or both on behalf of another.

The key test is that the agent acts on behalf of the principal. A distributor who buys and sells goods on its own account is not an agent.

Deemed Supplies Under Schedule I

Schedule I of the CGST Act treats the following as supply even without consideration:

  • Supply of goods by a principal to an agent where the agent undertakes to supply such goods on behalf of the principal.
  • Supply of goods by an agent to a principal where the agent undertakes to receive such goods on behalf of the principal.

This covers consignment arrangements where goods are sent by the principal to the agent for sale, and where the agent receives goods on behalf of the principal.

Even though legal title does not pass to the agent, the dispatch and receipt are treated as supplies. The principal must issue a tax invoice to the agent, and tax is payable under reverse charge? No, in forward charge by principal.

Agency Services

In addition to the deemed supply of goods, the agent also supplies agency services to the principal. The agent charges commission or fees for acting on behalf of the principal.

This agency service is a separate supply of services and is taxable at the applicable rate.

Invoicing and Registration

Principal

  • The principal must obtain registration if liable under Section 22 or Section 24.
  • The principal issues a tax invoice for goods sent to the agent under Schedule I.
  • The principal reports the deemed supply in GSTR-1 and pays tax in GSTR-3B.

Agent

  • The agent must obtain registration under Section 24 irrespective of turnover if it is supplying services on behalf of a principal? In many cases, an agent supplying services is liable to register if turnover exceeds threshold, but Section 24 requires certain categories to register.
  • The agent issues a tax invoice to the principal for agency services and charges GST on commission.
  • The agent may also issue invoices to customers for goods sold on behalf of the principal, depending on the arrangement.

When the Agent Becomes Liable for Tax

The agent is liable for tax on:

  • Its agency services supplied to the principal.
  • Any goods supplied by the agent as a taxable person in its own right if the agent buys and sells on its own account.
  • Reverse charge supplies where the agent is the recipient, if applicable.

The agent is generally not liable for tax on the sale of goods by the principal to the ultimate customer if the agent acts merely as a facilitator and invoices are issued by the principal. However, if the agent issues the invoice to the customer, the agent may be considered the supplier.

Practical Example

A Mumbai principal sends goods worth Rs 5,00,000 to a Delhi agent for sale on consignment. Under Schedule I, the principal issues a tax invoice for Rs 5,00,000 plus IGST to the agent. The agent claims ITC. The agent later sells the goods to customers on behalf of the principal. The principal invoices the customers or the agent invoices on behalf of the principal. The agent charges a 5% commission plus GST on the commission.

Common Mistakes

  • Not issuing tax invoices for principal-agent stock transfers.
  • Treating all commission agents as distributors and vice versa.
  • Missing registration by agents under Section 24.
  • Not reporting deemed supplies in GSTR-1.
  • Confusing ownership of goods with GST liability.

How Anuj Desai & Associates Can Help

We help principals and agents structure agreements, manage deemed supplies, invoicing and registration, and ensure correct GST treatment of consignment and commission arrangements.

Contact Anuj Desai & Associates
Email: office@anujdesaiassociates.com
Phone: 9619456656
Website: https://anujdesaiassociates.com
LinkedIn: linkedin.com/in/ca-anuj-desai-122547230

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