What is GST Margin Scheme?
GST is generally levied on the transaction value of the goods and is applicable to second-hand goods. In such cases, GST is charged on the difference between the purchase price of goods and the value of the supply of goods. Levying GST on marginal amounts helps avoid double taxation as the goods that have been previously taxed enter the supply chain again.
When is Margin Scheme Applicable?
The margin scheme under GST applies to registered taxpayers engaged in buying and selling second-hand or used goods, specifically when purchasing from unregistered persons.
- GST is payable only on the margin, i.e., the difference between the selling and purchase price.
- If there is no margin or a loss, no GST is applicable.
- GST applies only when the dealer resells the goods, either in their original state or after minor refurbishing/repairs.
- Margin Scheme is applicable only if there is no change or just minor repair or refurbishment of the goods.
- If the processing changes the nature of goods, the dealer cannot opt for the margin scheme.
Scope of Supply and Valuation for GST Under the Margin Scheme
Rule 32(5) of the CGST Rules, 2017, defines the scope of supply and GST valuation for second-hand goods dealers. The value of supply is calculated as the difference between the purchase and selling price. If this difference is negative, it is ignored.
To qualify as second-hand goods, the following conditions must be met:
- The goods must be used or have undergone minor processing that does not alter their nature.
- No input tax credit (ITC) should have been claimed on these goods.
As per Notification No. 10/2017, issued on 28th June 2017, second-hand goods dealers are exempt from paying CGST when purchasing such goods from unregistered suppliers. This exemption applies to intra-state supplies and covers the full CGST liability.
Conditions to Avail of the Margin Scheme
Given below are the conditions that you need to fulfill to avail of the margin scheme under GST -
- The supplier must be a registered second-hand goods dealer.
- Under the margin scheme, the taxpayer cannot claim input tax credit (ITC).
- Any processing done on the goods should not alter their original nature.
- The transaction must qualify as a taxable supply.
Calculation of Value for Margin Scheme
- It should be calculated as per rule 32(5) of the CGST Rules.
- Dealer cannot avail ITC on purchase of second hand goods.
- Value of Second-hand goods = Selling Price - [Purchase price + Minor repairing cost]
- Purchase price on second-hand goods in case of goods possessed after loan = Original purchase price of defaulting borrower - 5% depreciation for each quarter.
Example of Margin Scheme
M/s Vinayak Enterprises Ltd is a dealer in second-hand vehicles. They purchase a second-hand Maestro (original price – Rs.80,000) for Rs.40,000 from an unregistered person. They sell the same vehicle for Rs.50,000 after minor refurbishing work. The supply of the two-wheeler to the company for Rs.40,000 is exempted. However, the sale transaction of Rs.50,000 with the customer is liable for GST. For GST, the value will amount to Rs.10,000 (difference between Rs.50,000 and Rs.40,000). Since the margin scheme is being opted for, the company cannot claim any input tax credit.
GST Rates on Supply of Second-Hand Vehicles
Description of Goods |
GST Rates |
Old and used CNG and LPG motor vehicles with engine capacity of 1200 CC or more and length of 4000 mm or more. |
18% |
Old and used diesel vehicles with engine capacity 1500 CC or more and length 4000 mm or more. |
18% |
Old and used sport utility vehicles (SUVs) with engine capacity of 1500 cc and more. |
18% |
All old and used vehicles except the above three categories |
12% |
GST Rates on Second-hand Goods Other Than Vehicles
- There is no difference in rates, whether second-hand goods or new goods
- If an article is sold at 28%, then that article will be sold at 18%, even if it is second-hand goods
- If the dealer opts for a margin scheme, he cannot opt for ITC on the purchase of second-hand goods.
- This is one of the pre-conditions for the margin scheme as specified in rule 32(5).
Cases Where Second-hand Goods are Sold Directly by the Owner to the Consumer and Commission is Charged
- In such cases, the margin scheme is not applicable to him
- He should be liable to pay GST @18% on the commission
- A threshold of 10/20 lakhs for services eligible for commission
Composition Scheme for Margin Scheme
- A person who is under a margin scheme cannot opt for a composition scheme, i.e., paying composition tax on margin value.
- The dealer can opt for a normal composition scheme but has to pay GST composition tax on the entire sale value of such second-hand goods.
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