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Question ID : 44911

RCM 9(4) on Payment to Contractor who sends labourers

Client a Builder/Developer doing Real estate project under JDA with Land owner.A contractor will send many labourers.Builder pays to contractor and deduct TDS under IT Act 194C.Contractor has no GST.Will this payment to contractor needs to be considered in80:20ratio of mandatory requirement of purchase from regd dealer?If 80% requirement failed, whether liable to RCM 9(4)?If yes,How to avoid RCM for this?

Posted by Sivaraman A.R. on Aug 19, 2025

Filed Under GST

Answer ID : 85990

To avoid RCM ? either ensure contractor gets GST registration or ensure sufficient purchases from registered suppliers.

Posted by CA. SURAJ KUMAR CHOUDHARY on Aug 27, 2025
Answer ID : 86028

This requirement of 80:20 is only for residential projects where you have opted for the Consessional GST rate. The Same would not apply for the Commercial projects. I endorse the view of Suraj Sir on the alternatives.

Posted by SREENIVASULU THULASIRAM on Nov 17, 2025