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This circular clarifies the goods and services tax treatment for services that a business facilitator or a business correspondent provides to a banking company. The banking company acts as the service provider under the business facilitator model or the business correspondent model. The banking company pays goods and services tax on the entire value of the service charge or fee that it charges to customers. The banking company pays this tax regardless of whether it receives the fee through a business facilitator or a business correspondent. Tax exemption applies to services provided with respect to accounts in a branch located in a rural area. The classification of a bank branch as a rural area branch follows Reserve Bank of India guidelines.
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Circular No. 86/05/2019- GST
F. No. 354/428/2018-TRU Government of India Ministry of Finance Department of Revenue Tax research Unit
Room No. 156, North Block, New Delhi, the 1^st^ January, 2018
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) / The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Subject: GST on Services of Business Facilitator (BF) or a Business Correspondent (BC) to Banking Company- reg.
Representations have been received seeking clarification on following two issues:
(i) What is the value to be adopted for the purpose of computing GST on services provided by BF/BC to a banking company?
(ii) What is the scope of services provided by BF/BC to a banking company with respect to accounts in its rural area branch that are eligible for existing GST exemption?
2.1 Issue 1: Clarification on value of services by BF/BC to a banking company: As per RBI’s Circular No. DBOD.No.BL.BC. 58/22.01.001/2005-2006 dated 25.01.2006 and subsequent instructions on the issue (referred to as ‘guidelines’ hereinafter), banks may pay reasonable commission/fee to the BC, the rate and quantum of which may be reviewed periodically. The agreement of banks with the BC specifically prohibits them from directly charging any fee to the customers for services rendered by them on behalf of the bank. On the other hand, banks (and not BCs) are permitted to collect reasonable service charges from the customers for such service in a transparent manner. The arrangements of banks with the Business Correspondents specify the requirement that the transactions are accounted for and reflected in the bank's books by end of the day or the next working day, and all agreements/ contracts with the customer shall clearly specify that the bank is responsible to the customer for acts of omission and commission of the Business Facilitator/Correspondent.
2.3 Hence, banking company is the service provider in the business facilitator model or the business correspondent model operated by a banking company as per RBI guidelines. The banking company is liable to pay GST on the entire value of service charge or fee charged to customers whether or not received via business facilitator or the business correspondent.
3.1 It is clarified that for the purpose of availing exemption from GST under Sl. No. 39 of said notification, the conditions flowing from the language of the notification should be satisfied. These conditions are that the services provided by a BF/BC to a banking company in their respective individual capacities should fall under the Heading 9971 and that such services should be with respect to accounts in a branch located in the rural area of the banking company. The procedure for classification of branch of a bank as located in rural area and the services which can be provided by BF/BC, is governed by the RBI guidelines. Therefore, classification adopted by the bank in terms of RBI guidelines in this regard should be accepted.
Yours Faithfully,
(Harish Y N) Technical Officer, TRU Email: harish.yn@gov.in Tel: 011 2309 5547
