Service tax on payments to directors of company
DEBENDRA NATH SAMAL
(Querist) 09 April 2013
This query is : Resolved
As per the provisions of service tax, CBEC issued Notification No.45/2012-ST dated 7.08.2012, amending Notification No.30/2012-ST dated 20.06.2012 for imposing of service tax on income of any director of a company under Reverse charge mechanism whereby the company will be liable to pay service tax since 7.08.2012. Now, my query is that whether all director's remuneration, fees, commission will be taxed or only executive directors other than whole time directors/Managing directors payment will be taxed. If we analise the income tax act,the new clause
TDS on income of directors under section 194j(1b) was inserted. This clause does not specify whether Managing director/whole time director or executive director who provide only professional service to the company.
please, clarify whether irrespective of category of a director of a company, the service tax liability is there or not.
Vignesh
(Expert) 10 April 2013
Hi Nsamal,
The service tax is applicable both executive as well as non-executive directors. The point of taxation in this regard, other than salary i.e. Any commission, sitting fees, interest, etc. ST will be attracted.
