The New GST Rules On Sale Of Old Motor Vehicles



When GST came into place some years back, the sale of old and used motor vehicles got a significant hit because they were taxed at the same rate as new motor vehicles. It was capped at 28% GST plus Cess (as applicable). At the start of 2018, the government issued a new notification. Dates 25-1-8, the notification gave major relief to sellers of used/old cars.

Depending upon the category, the GST now applicable ranges from 18% to 12%, which has made buying used vehicle affordable. Furthermore, another notification was issued under the Compensation Cess (Rate) that stated all sales of old and used vehicles would be exempt from Cess.

The only question left to answer was the valuation of the vehicle. In simpler words, at what value will GST be applied. The. Notification No. 8/2018 by Central Tax (Rate) provides detailed information about the same. In most instances, the value of supply is equivalent to the margin of supply, and on this amount, GST is applicable.  Two cases define the margin of supply:
  • If depreciation is claimed under section 32 of the Income Tax Act 1961.
  • And all other instances in which the difference between the selling price and the purchase price is the Margin of Supply.

Comments

  1. VakilSearch - GST Registration31 May 2019 at 00:57

    From GST Registration to filing for the income tax return, the new procedure set by the government to pay taxes is hard to understand. At VakilSearch, we make it simpler by assisting you in filing returns while complying with all rules and regulations.
    Be it a sale of an old car or ITR filing for your company, with us you get to submit GST from the comfort of your couch at home. Take the first, easy step. Fill in a short form and one of our experts will help answer all your GST related questions in a jiffy.

    ReplyDelete
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    1. Thank you Vakil Search for your informative inputs about GST registration. The new procedure is indeed very difficult to understand. But, with professional experts like you to help and guide us, even the most muddling task becomes easy. Keep up the good work, guys!

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  2. The article really helped us while buying a used truck whose depreciation had been claimed under section 32. Because of the post, we knew that the margin of supply is calculated differently. It is the variance between sale consideration received and depreciated value of it on the date of supply.

    ReplyDelete
  3. The one point skipped in the post is that according to the new GST notification, there is no date condition set. No matter which date the motor vehicle was purchased, when it is sold as an old or used vehicle, the GST rules remain the same. Besides this, the article covers all crucial elements.

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  4. I just sold my old car which had an engine capacity of over 1500cc. As per the rule, because the vehicle was over 4000 mm in length with a 170mm ground clearance, it was classified as an SUV. Therefore, the GST Rate applicable was 18%.

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