RCM on Security Services Under GST / Security Services under GST / Rate
of GST on Security Services / SAC code 998529
In today’s world,
security is a major concern. Whether it’s a school, office, hospital, or a
factory – security guards are needed everywhere. But did you know that the
services provided by security personnel are also taxed under GST? Let’s break
it down and understand the rules related to GST on security services in a
simple way.
What Are
Security Services Under GST?
The GST law does not
clearly define the term "security services". However, one of
the GST notifications gives a clue. It says that security services mean
services provided by way of supply of security personnel.
In short, if a company or
individual provides security guards or other similar personnel to another
business or organization, it is considered as a security service under
GST.
The Oxford Dictionary
defines “security” as being safe from danger or threat. So, security
services include anything that ensures safety by providing trained people like
guards, watchmen, bouncers, etc.
GST Is
Applicable on Security Services
Yes, security services
are taxable under GST.
This means that when a
security agency provides guards or similar services to another company, GST
must be paid on that transaction.
Earlier, the supplier
(security agency) was responsible for paying GST. But from 1st January 2019,
the government made a big change.
Reverse
Charge Mechanism (RCM) for Security Services
On 22nd December 2018,
in its 31st meeting, the GST Council decided to bring security
services under Reverse Charge Mechanism (RCM).
Under RCM, the receiver
of the service (not the supplier) has to pay the GST directly to the
government.
This change was brought
through an amendment in Notification No. 13/2017 – Central Tax (Rate).
Let’s understand what it
means and when RCM applies.
Who Pays
GST on Security Services Now?
According to Entry 14
of the amended Notification No. 13/2017 – CT(Rate), the following conditions
apply:
- Service:
Supply of security personnel (guards, etc.)
- Supplier:
Any person other than a body corporate (i.e., any firm,
proprietorship, LLP, etc., but not a company)
- Recipient:
A registered person under GST
If these conditions are
met, then the recipient (the business taking the guards) must pay GST
under RCM.
Example:
ABC Security Agency (a
partnership firm) provides 5 guards to XYZ Pvt Ltd (a registered company under
GST). In this case:
- Supplier is not a body corporate
- Recipient is a registered person
- Hence, XYZ Pvt Ltd must pay GST
under RCM.
Exceptions
– When RCM Does NOT Apply
There are some important
exceptions. Even if security services are provided, RCM will not apply
in the following cases:
v Exception
1:
If the recipient is any
of the following and has registered under GST only for TDS purpose under
Section 51:
- Central Government department
- State Government department
- Union territory
- Local authority
- Government agency
They are not considered
as “regular” registered persons, so they are excluded from RCM.
v Exception
2:
If the recipient is
paying tax under Composition Scheme (Section 10 of CGST Act), then RCM
also doesn’t apply.
In both these cases, the supplier
has to pay the GST, not the receiver.
Exemption
for Educational Institutions
Good news for some
schools!
Security services
provided to certain educational institutions are fully exempt from
GST under Notification No. 12/2017 – CT(Rate), Entry 66.
This exemption applies to
services provided to:
- Pre-schools
- Schools up to higher secondary (Class
12)
So, if a security agency
provides guards to such schools, no GST is charged at all – not under RCM or
otherwise.
v Example:
A security agency gives
guards to a government primary school – no GST is applicable, thanks to
this exemption.
But note: Colleges and
coaching centers do not get this exemption.
Who is a
“Body Corporate”?
This term is important
because RCM applies only when the supplier is NOT a body corporate.
A body corporate
usually means a company registered under the Companies Act. So, if a private
limited or public limited company provides security services, RCM does
not apply. The company will charge GST in the invoice and pay it to the
government.
v Example:
If a security company is
a Pvt Ltd, it will charge GST normally (say, 18%) and collect it from
the customer.
But if the same services
are provided by a partnership firm, and the receiver is registered, then RCM
applies.
Rate of GST
on Security Services
Security services fall
under SAC code 998529, which covers "Other security services."
Generally, the rate of
GST on security services is:
- 18% (9% CGST +
9% SGST or 18% IGST)
Place of
Supply for Security Services
The place of supply
helps in determining whether CGST/SGST (intra-state) or IGST
(inter-state) is to be charged.
For security services, no
specific rule has been mentioned in the law. So, the general rule under
Section 12(2) of the IGST Act, 2017 is applied.
Here’s what it says:
If
the recipient is a registered person:
- The place of supply is the
location of the recipient.
If
the recipient is not registered:
- If the recipient’s address is
available → Use that address
- If not → Use the location of the
supplier
In Summary – When Does
RCM Apply on Security Services?
Condition
|
Applies
to RCM
|
Supplier
is NOT a company
|
Yes
|
Recipient
is registered under GST
|
Yes
|
Recipient
is NOT a government dept registered only for TDS
|
Yes
|
Recipient
is NOT under composition scheme
|
Yes
|
If all above are true –
RCM applies and the recipient must pay GST.
Conclusion
Security services are
essential for businesses, but they also come with tax responsibilities under
GST. Understanding who has to pay GST – the security agency or the customer –
depends on the type of business entity and registration status.
- If the security provider is not a
company and the recipient is a registered person (not a government dept or
composition dealer), then RCM applies.
- In special cases, like services to
schools or government bodies, exemptions may apply.
Understanding these basic
points will help both security agencies and businesses stay compliant and avoid
GST penalties.
Disclaimer: All
the Information is based on the notification, circular and order issued by the
Govt. authority and judgement delivered by the court or the authority
information is strictly for educational purposes and on the basis of our
best understanding of laws & not binding on anyone.
Click here