Yes, GST is generally applicable to late fees charged on the delay of payments for goods or services, as these are considered part of the "value of supply". When a vendor charges a customer a fee for late payment, that fee is usually taxed at the same rate as the main product or service.
1. Late payment fees are part of the main supply (like electricity bills, telecom services, or property transactions). 2. GST applies to these charges at the same rate as the main product/service.
Where the late payment penalty is consideration for a financial supply (for example, a supply of an interest in a credit arrangement), there is no need for the supplier to account for GST for that supply. A charge for late payment penalty that is consideration for a financial supply is not an adjustment event.
GST Late fees: - As per GST Law, Late Fees is to be levied in case of delay in filing of GST Returns. Late Fees cannot be construed as a "Penalty" or "Offence." The same is compensatory in nature and not penal. Therefore, it is allowed under Income-tax Act.
Do not charge the GST/HST on late-payment surcharges. GST/HST is payable only on the original invoiced amount.
Late payment fees being subject to GST is consistent with a broad-based tax. In this respect, it is important to differentiate between late payment fees, which can be seen as an increase in the consideration of the underlying goods and services, and default or penalty interest, which is an exempt financial service.
The GST rate on professional fees is 18%. It varies based on the kind of services which range from 5% to 18%.
There is no agreement between the Government/ Local Authority that violation would be permitted against payment of penalty/ fine; Hence, the penalty for violation of laws is not a consideration towards any service, as no service is received in lieu of such payment. Accordingly, the same is not taxable under GST.
1. Login into GST portal: Navigate to > Services > User Services > My Applications. 2. On Navigating to 'My Applications' page, the taxpayer has to select 'Apply for Waiver Scheme under Section 128A' option under 'Application type' dropdown.
Penalty on Missing the GST Due Date:
The maximum penalty that may be imposed is Rs. 5,000. The taxpayer will be required to pay interest on late payment of GST at a rate of 18% annually in addition to the late payment penalty.
Common BAS Excluded items include wages, super, bank transfers, owner drawings, income tax payments, fines, donations, and certain government charges. Use “BAS Excluded” in Xero for genuinely out-of-scope items, and use GST or GST-free codes for reportable sales and purchases.
Notification No. 08/2025 waives the late fee under section 47 of the Central Goods and Services Tax (CGST) Act for the annual return (FORM GSTR-9) for the financial years 2017-18 to 2022-23.
Late payment and finance charges (monthly interest) are exempt from GST. Are cash advance fees subject to GST? No, they are exempt from GST.
Late payment charges
There is no supply of goods or services taking place when you make an extra charge to your customers because they have paid late. The charge is classed as a penalty that is outside the scope of VAT.
So, when you delay paying your credit card bill and the bank charges a late fee, that charge attracts 18% GST — because it's consideration for a service. 🔍 Relevant Law: • Section 15(2)(d) – Includes incidental charges (like interest or penalty) in the value of supply • CBIC Circular No.
Grace periods typically range from 15 to 30 days. While technically a customer could wait until the exemption date to pay, insurers may still treat the premium as GST-inclusive based on the due date, not the payment date. ...
Late GST payment is not illegal or wrong doing. In fact, the truth is that late fees are paid for the purpose of the compliance with the Act. Hence, it should be allowed under Section 37, rightly.
Avail the new GST Amnesty Scheme 2024, introduced via Section 128A for conditional waiver of interest and penalties for tax demands from FY 2017-18 to 2019-20 under Section 73. To qualify, taxpayers must fully pay outstanding tax dues by March 31, 2025.
A late filing penalty of $50 if you're on the payment basis and $250 if you're on the invoice or hybrid basis. For late payments, a penalty charge of 1% of the GST amount owed. This increases to 4% of the total amount after 7 days and 1% for every month after that.
2.5 Thus, as recommended by the 55th GST Council, it is hereby clarified that no GST is payable on the penal charges levied by Regulated Entities, in compliance with RBI directions dated 18.08. 2023, for non-compliance with material terms and conditions of loan contract by the borrower. 3.
Penalty and Fine
Therefore, fine and penalty are not deductible for income tax purposes. Moreover, there are no GST on fine and penalty, so taxpayer cannot claim input tax for fine and penalty.
If you charge GST/HST on your services, you then charge the tax on the total, including the (pre-GST/HST) disbursement.
Office supplies, equipment, rental costs, and professional services are examples of expenses on which input tax can be claimed. Further, input tax cannot be claimed on the following expenses: private use, non-business entertainment, and motor vehicle expenses.
Types of GST in India
CGST (Central Goods and Services Tax) SGST (State Goods and Services. IGST (Integrated Goods and Services Tax) UTGST (Union Territory Goods and Services Tax)