Classification of intern for GST and TDS.

We have recently onboarded an intern for a fixed duration of 6 months and payment of 30,000 p.m.

For taxation and other purpose Is he an employee or a consultant providing professional services?

If he is a consultant is he exempted from GST(Income under 20L) or should we deduct GST?

Replies (2)
Quick Summary
This discussion clarifies how to classify an intern for GST and TDS purposes, distinguishing between an employee and a consultant. The classification hinges on factors like appointment letters, fixed hours, and supervisor control. If treated as an employee, TDS applies under Section 192, and GST is not applicable to their salary or stipend. If considered a consultant, TDS under Section 194J may apply, and GST implications depend on their annual income, with exemptions for income below Rs. 20 lakh. Reverse Charge Mechanism (RCM) for GST on manpower supply generally doesn't apply to individual interns.

For taxation and other purpose Is he an employee or a consultant providing professional services?

If he is treated as an employee, Professional tax is deducted and PF is also deducted, then he is an employee and the payment is outside the ambit of GST.

 

If he is a consultant is he exempted from GST(Income under 20L) or should we deduct GST?

Since his income is less than Rs.20 lacs, there is no GST implication. There is no provision for deduction of GST.

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.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details