When a company sells a used car — whether a fleet vehicle, director's car or old delivery vehicle — the GST treatment depends on whether the car was.efore or after GST implementation, whether ITC was claimed on the original purchase, and the depreciation history. Getting this wrong leads to notices and demand orders.
| Situation | GST on Sale? | Taxable Value |
|---|---|---|
| Car purchased pre-GST (before July 2017), now sold by a registered business | GST applies on the sale by the registered business | Margin scheme may apply if no ITC was ever claimed; disposal of a business asset by a registered person is generally a taxable supply regardless of when it was originally purchased |
| Car purchased under GST; ITC NOT claimed (Section 17(5) block) | GST on margin (selling price minus WDV) | Margin scheme applies |
| Car purchased under GST; ITC claimed (e.g., car used in taxi/rental business) | 18% on full selling price | Full value |
| Car sold at a loss (SP < WDV) | No GST if margin is negative (GST on positive margin only) | Zero taxable value |
From 16 January 2025 (Notification 04/2025-Central Tax (Rate)), the earlier two-tier rate structure for old and used vehicles was unified. The previous 12% category (small petrol/diesel vehicles under the prescribed cc/length limits) was merged into the 18% rate. As of the current position, all old and used motor vehicles sold by a registered business under the margin scheme attract 18% GST on the margin, with no separate concessional 12% category remaining for any vehicle size.
| Vehicle Type | GST Rate on Margin (current) |
|---|---|
| All old and used motor vehicles, including EVs, sold under the margin scheme by a registered business | 18% |
WDV (Written-Down Value) for GST margin purposes = the WDV at which the car appears in the company's books on the date of sale (Income Tax Act depreciation rates).
GST: 18% on ₹3.9L = ₹70,200 (the SUV falls in the 18% category both before and after the January 2025 rate unification, since larger vehicles were already at 18%). The sale invoice shows: Vehicle price ₹22L + GST ₹70,200 (18% on ₹3.9L margin). Total to buyer: ₹22,70,200. If SP had been below WDV (say ₹16L), margin = negative → zero GST. For smaller petrol/diesel vehicles that were previously in the 12% margin category, the same 18% rate now applies following Notification 04/2025-CTR (effective 16 January 2025).
For used vehicle sale:
Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.