Since the GST Registration, there was confusion regarding the rate of GST applicable to the supply of motor vehicles. The sale of used and old vehicles was taxed at the same rate as applicable on new vehicles which was 28% + Applicable cess which was up to 15%, and due to this effective tax on the sale of old vehicles was up to 43%.
This higher rate of tax was causing a burden on trade and industry and due to this, there was a slow down in the used vehicle market.
Big Relief on Sale of Old and Used Vehicles:
Government by issuing the Notification No. 8/2018 Central Tax Rate read with state Tax Notification, reduced the Rate of GST on the old and used vehicles as follows:
1. GST-18% on Old and used, petrol Liquefied petroleum gases (LPG) or compressed natural gas (CNG) driven motor vehicles of engine capacity of 1200 cc or more and of a length of 4000 mm or more.
2. GST-18% on Old and used diesel-driven motor vehicles of engine capacity of 1500 cc or more and of a length of 4000 mm.
4. GST-12% on All Old and used Vehicles other than those mentioned from S. No. 1 to No.3.
Note: Government also Exempted the Cess applicable on the sale of used vehicles through Notification No. 1/2018 Compensation Cess Rate.
Concessional rates are not available if input tax credit under GST or Cenvat Credit under Cenvat Credit Rules or ITC under State Vat was availed.
Valuation of Old or Used car for GST Calculation
Value on which GST at the above rates to be calculated shall be the Margin of Supply which is to be calculated in the manner as mentioned in the Notification which is given below:
1. In Case Depreciation under Income Tax Act Availed: Margin of supply shall be the difference between Sale consideration and Written down Value and tax to be calculated on such Margin, and where the margin of such supply is negative, it shall be.
As per Income Tax Act, income tax requires the computation of depreciation on the asset block, but for the purpose of GST rate is required to be applied for the specific motor vehicle.
In other cases: The margin of Supply shall be the difference between sale price and purchase price Tax to be calculated on such Margin, and where the margin of such supply is negative, it shall be ignored. A negative value in valuations, need not be considered as exempt non-GST supply, and therefore, therefore there is no need for a reversal of ITC under Rule 42 or Rule 43 of CGST Rules 2017
Rule 32(5) of CGST Rules 2017 provides special valuation in the case of persons dealing in buying and selling of used vehicles. Such dealers can supply the goods as such or after minor processing which does not change the nature of such goods. If no input tax credit has been availed on the purchase of such goods, then GST may be paid only on the differential amount between the selling price and the purchase price.
Sale of used vehicles supplied by Government– In the case of used vehicles, supplied by Central Government, State Government, Union territory, or a local authority, the registered person receiving the supply is liable to pay tax under reverse charge – Notification No. 4/2017-CT (Rate) dated 28-6-2017 amended w.e.f. 13-10-2017.
In case of sale of used vehicles supplied by the Government to an unregistered person, the respective department of Central Government, State Government, Union territory, or local authority should obtain GST registration and pay GST-para 1 of CBI&C circular No. 76/50/2018-GST dated 31-12-2018.
Note: "This document had been written to provide updates in simple/ lucid language. The Author shall not be responsible for any decision made based on the content of this document. Care has been taken to produce authentic and reliable information, however, the users are expected to obtain professional advice before implementing.