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Understanding GST compliances on stock broking service

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Understanding GST Compliances On Stock Broking Services

Introduction

The Goods and Services Tax (GST) has been in effect in India since 2017. Introduced to simplify the tax structure, it applies to almost all goods and services in the country. Since stock market brokers provide stock broking ‘services’, the brokerage they earn is also subject to GST. 

An 18% GST is levied not only on brokerage but also on other related charges, such as transaction fees, registration, Securities and Exchange Board of India (SEBI) turnover fees, and more. Let’s find out more about GST compliance on stock broking services in this article. 

Which Brokers Fall Under The Scope Of GST?

Authorised partners, sub-brokers, and other intermediaries who facilitate purchase and sale transactions in the securities market are liable to pay GST under the provisions of the Central Goods and Services Tax (CGST) Act, 2017. As per Section 2(5) of the CGST Act, such intermediaries are treated as agents. And, since they earn income from these services, they are required to obtain compulsory GST registration, pay tax on their earnings, and file tax returns regardless of their annual turnover.

Additional Reads: Types of GST in India: Understand CGST, SGST, IGST & UTGST

Understanding The Taxable Supply and GST Rate

All brokerage and commission-based services fall under the ambit of GST. The standard GST rate applicable to these services is 18%. Some common examples of these stock broking services include:

  • Commission agent services in wholesale or commercial transactions 
  • Retail or wholesale trade facilitation
  • Property management services
  • The sale or purchase of land and buildings
  • Real estate valuation and appraisal

Apart from these, a wide range of other services for which the agent or broker has earned fees or commissions can also be taxed. If the agent or broker works under a contract, the activities carried out under the contract would also be subject to GST regulations. 

What Are The Requirements For GST Registration?

GST registration is mandatory for all stock market brokers earning commission or brokerage income. Authorised partners, sub-brokers, or anyone defined as an agent under the GST Act are required to obtain compulsory registration, even if their income is below the standard threshold. This is because agents are specifically included under the compulsory registration clause of the GST Act, 2017.

For most service providers, GST registration becomes necessary once the annual turnover crosses ₹ 20 lakh or ₹ 10 lakh in special category states. However, for agents and brokers, this threshold does not provide any relief. As soon as you qualify as an agent, registration is compulsory irrespective of your turnover. 

Having said that, brokers and commission agents with an annual turnover of up to ₹ 50 lakh can opt for the GST composition scheme, which offers reduced tax rates and simpler compliance requirements. 

Non-Resident Indians (NRIs) who offer taxable stock broking services in India without a fixed place of business or residence must also register as a Non-Resident Taxable Person (NRTP) and pay GST to the Indian government.

The registration process itself is straightforward and can be completed online. Here are the steps for the same:

  • You need to visit the official GST portal
  • Select the registration option under the services tab
  • Fill out the application form with your basic details 
  • Documents such as your Permanent Account Number (PAN) card, Aadhaar, and proof of address must be uploaded along with the application 

Additional Reads: List of Documents Required for GST Registration in India

Once verified and approved, you will receive a unique Goods and Services Tax Identification Number (GSTIN), which you then need to add to all your invoices and GST returns going forward. 

What Are The Invoicing Rules For GST?

Under GST, a tax invoice must be issued by the taxable supplier of goods or services (such as a stock market broker) at the end of each month. In the case of exempt services, a bill of supply can be issued. A tax invoice is not required if the value of the goods or services supplied is less than ₹200 and the recipient is unregistered. In such a case, a single aggregate invoice can be prepared for the day the sale is made. 

Understanding Input Tax Credit (ITC)

Input Tax Credit (ITC) refers to the tax paid on a business purchase that can later be deducted from the GST payable when a sale is made. For stock market brokers, the GST paid on expenses like office rent, computer software, and other purchases can be claimed as a tax credit against the GST collected on brokerage services. 

Therefore, the tax paid on the purchase of certain items or services is adjusted against the tax collected on sales. The remaining balance is paid to the government as GST. Brokerages registered under GST can claim ITC based on a valid tax invoice and reduce their overall tax outflow. 

Things To Know About Filing And Paying GST

The service provider is generally responsible for paying GST. However, under the Reverse Charge Mechanism (RCM), the recipient may also be liable to pay GST in specific cases. These can include cases where brokerage or commission services are provided to banks or other financial institutions.

Registered stock market brokers and commission agents are required to file the following GST returns:

  • GSTR-3B: This is a monthly summary of the returns that must be filed by the 20th of the next month.
  • GSTR-9: This is the annual return for the financial year.
  • GSTR-5 and GSTR-5A: These returns are applicable to non-resident foreign taxpayers who provide stock broking services in India. 
  • GSTR-1: This is the return used to report details of outward supplies of goods or services.

What Are Some Common Pitfalls And Penalties That You Should Know Of?

When dealing with GST compliance, there are several mistakes that stock market brokers and commission agents should be careful to avoid. Some of the most common pitfalls include:

  • Not issuing a GST-compliant invoice for every transaction: Missing or incomplete invoices may lead to penalties. So, make sure to maintain proper documentation of every transaction.
  • Not clearly mentioning the GST amount charged on the invoice: The GST amount should be clearly mentioned on the invoice to avoid disputes. This eliminates disputes with clients and also helps you claim ITC later.
  • Not maintaining proper records of invoices and receipts: Authorised agents must keep records of all transactions and invoices. This is essential when filing GST returns. 
  • Failing to file GST returns on time or using the incorrect return form: This can result in late fees and interest. Filing the wrong form can also lead to disputes with tax authorities. 
  • Not making timely GST payments to the government: Failing to deposit the GST collected from clients can lead to penalties and interest charges. 

It is essential to note that, under Section 122(1) of the Central Goods and Services Tax Act, 2017, there are 21 specified offences, ranging from failing to issue invoices to deliberately evading tax. In case of any offence, a penalty will be levied, and even the penalty amount itself attracts an additional 18% GST. The actual penalty can vary based on the offense and type of return.  

Understanding GST Reconciliation And Audit Preparation

GST reconciliation involves comparing your records with data reported on the GST portal to spot errors or mismatches. It ensures accuracy in sales reporting, filing correct ITC claims, and timely corrections. Reconciliation should be performed monthly and annually for the full financial year, ensuring your business is always audit-ready.  

Additional Read: New GST Updates 2025: GST Rates Revised with GST Reforms

Conclusion

GST is applicable to stock broking services, which may raise the overall cost for retail investors. While this could make stock broking slightly more expensive, GST compliance is non-negotiable. Therefore, all authorised brokers, partners, and agents must ensure strict adherence to GST rules to maintain transparency in the system.  

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FAQ

What services in stock broking are exempt from GST?

The following stock broking services are exempt from the purview of GST:

  • Services offered by a commission agent to Agricultural Produce Marketing Committees (APMCs) or related boards
  • Services related to the sale of agricultural produce through commission agents, provided the turnover from such activities does not exceed ₹ 20 lakh in a financial year
  • Services offered by a commission agent in India to a principal based outside the country, provided they meet the conditions for being treated as an export of services

How is GST calculated on brokerage in stock trading?

GST is levied at a fixed rate of 18% on commission and brokerage services. This applies to stock brokers, mutual fund distributors, insurance agents, and similar intermediaries.

Are there penalties for late GST payment in stock broking?

Yes. Late payment of GST attracts penalties and interest, which vary based on the delay and filing status.

Can NRI trading services also attract GST?

Yes. NRIs offering stock broking services in India must register as an NRTP and comply with GST regulations.