LLP – Partnership Firm or Body Corporate under GST Law?

Mallows Priscilla P. & Lakshmi Ratna K – [2021] 130 taxmann.com 15 (Article)

The concept of reverse charge was introduced in the erstwhile service tax regime and carried forward to the GST regime as well. The GST Law has notified the categories of services on which tax will be payable under reverse charge mechanism by the specified recipients. However, in so far as services provided by way of renting of motor vehicle is concerned, the liability to discharge tax is on the body corporate.

The question which arises is whether a Limited Liability Partnership (LLP) would qualify as a body corporate and hence, liable to discharge GST under reverse charge mechanism. In this article, the authors have discussed this issue in light of GST laws.

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