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Applicability of GST on reimbursements of


              business expenses to employees
















           Introduction                                                                 N. K. GUPTA
                                                                                        Sr. Executive
           1. Every organisation incurs expenses in order to carry out day-to-day     Director S S Kothari
           business operations. Sometimes employees and not just employers are        Mehta & Company
           the ones who incur expenses. That’s where employee reimbursements
           kick in. In this backdrop, it will be quite interesting to analyse the
           applicability of the newly introduced Goods and Services Tax on
           such employee’s reimbursements. The much awaited Goods and
           Services Tax Act, 2017 has addressed the taxability of employee’s
           reimbursements  to  some  extent.  Before  discussing  on  the  taxability,
           it is important to understand the term “Employee reimbursements”.
           What constitutes employee reimbursements?

           2. The expression “employee reimbursements” has not been defined
           in  the  law.  In  general  parlance,  it  is  a  method  for  paying  employees
           back when they spend their own money on business-related expenses.
           The common practice adopted in the industry is that employees incur
           expenses such as on travel and food on business tours from their
           own pocket and claim back the money spent from the employer in
           the form of reimbursements. The other practice prevailing is wherein
           advance is given to employee for incurring business expenses in the
           form of imprest. The various expenditures incurred by employees
           which are claimed as reimbursements are listed below:
              1.  Cab Facility availed by employees on official tours
              2.  Food expenses incurred by employees
              3.  Travel expenses on business tours
              4.  Hotel and Accommodation expenses
              5.  Meeting Expenses
              6.  Mobile Expenses

           Position under Service Tax
           3. In terms of section 65B(44) of the Finance Act, 1994,  “service”
           means any activity carried out by a person for another for consideration,


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