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Microlesson · 5-min read

RCM — Legal Services by Advocates

# RCM on Legal Services

## Coverage

Legal services provided by:

  • An advocate
  • A senior advocate
  • A firm of advocates
  • An arbitral tribunal

→ Supplied to any business entity located in taxable territoryRCM applies, recipient pays.

## Exemption-first check

Legal services are exempt (so RCM does not arise) when supplied to:

  • Any person other than a business entity
  • Central Government, State Government, Union Territory, Local Authority, Government Entity or Authority
  • A business entity whose turnover in the preceding financial year did not exceed the turnover limit for registration

## How to apply the rule

```

1. Is the recipient a business entity? NO → Exempt; stop.

2. Is it a Govt/Govt-entity etc.? YES → Exempt; stop.

3. Did the recipient's preceding-FY turnover ≤ registration threshold? YES → Exempt; stop.

4. Otherwise → RCM, business entity pays GST as recipient.

```

## Registration thresholds to remember

  • Goods: ₹40 lakh (₹20 lakh in special-category States)
  • Services: ₹20 lakh (₹10 lakh in special-category States)

Apply the relevant threshold based on the recipient's nature of business.

Worked example

### Example 1

Q. Harish Salve (advocate) provides legal services to ABC Ltd., which had a turnover of ₹18 lakh in the preceding FY (services business). GST treatment?

A. Recipient is a business entity but its preceding-FY turnover (₹18L) is below the ₹20L registration threshold for servicesExempt. RCM does not arise.

### Example 2

Q. Harish Salve provides legal services to ABC Ltd. with preceding FY turnover of ₹52 lakh. GST treatment?

A. Recipient is a business entity above the threshold → RCM applies. ABC Ltd. pays GST directly to the Government on the legal fees.

⚠️ Common exam mistakes

  • Charging GST on the advocate's invoice — under RCM the advocate does not collect GST.
  • Forgetting the small-business entity exemption — recipients below the registration threshold are exempt.
  • Forgetting that services by an arbitral tribunal are also covered under this RCM entry.
  • Treating services to Government/local authority as taxable — these are exempt.
Reference: — Notification No. 13/2017-CT(R); Notification No. 12/2017-CT(R)
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