Question

Management fees by HO to plant locatioDear Support Team Request reply to following query. Head office (Not ISD; registered in GST as Regular taxpayer for supply of few minor services) has huge amount of ITC in books. To optimise tax cash flow of company:
1. Can HO charge fees, say `Management fees`/ `supply of skills` fees, to its own Plant location (Distinct person) on TAX INV. (Similar to stock transfer of goods)
2. If yes, request comments on possible hitches or any special safeguards, compliance, etc. 3. If no, please suggest possible means to liquidate the unutilised ITC at HO?

Answer

The ITC may be generated in head office only in case when some expenses are done at head office.

These expenses obviously are related to business and ultimately consumed by Plant location. The expences may be rent, salary, security, etc.

The person sitting in head office are working for the plant only whether they are doing backend support or sale support etc.

In all these cases head office is supposed to raise invoice to Plant location if Plant is in different state because they are distinct persons.

If head office and plant are in same state then add it as additional place in same registration of plant.

The services of head office given to plant directly or indirectly will attract tax as per Schedule-I clause 2. The same is reproduce below:
"Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business." are treated as supply even if made without consideration.
This case is clear and there is no possibility of hitches. (Reply dt. 29.06.2018)