Tax Consultant
1978 Points
Posted on 21 September 2026
The classification depends on whether the intern is an employee or an independent service provider.
If there is a formal appointment letter, fixed hours, supervisor control, and a structured role: treat as employee. TDS applies under Section 192. GST does not apply to salary or stipend paid to employees.
If the intern works on a freelance or outcome basis with no fixed hours: treat as contractor. TDS applies under Section 194J at 10% if total payments exceed Rs 30,000/year for professional or technical services.
For RCM and GST: manpower supply BY a body corporate attracts 18% GST under RCM per Notification 13/2017. An individual intern is NOT a body corporate. RCM on manpower supply does not apply to services by an individual person. No RCM applies here.
Practical rule: if the arrangement functions like employment (fixed stipend, office hours, supervisor), classify as employee. This [manpower supply GST guide](https://taxgarden.in/blog/gst-on-manpower-supply-staffing-services-rate-rcm-india-2026) clarifies the RCM applicability for individual vs agency arrangements.