Contractor for a foreign company. is service tax applicable?

Queries 1573 views 7 replies

[Disclaimer: I am not a chartered accountant and am here just to seek help. Please pardon me if I have posted this in the wrong section of the forum and feel free to move it elsewhere.]

 

Hello.

 

I am signing up as a contractor for a company based in The Netherlands that will pay me about €3,300 per month (approximately ₹ 25,50,000 per year at the current exchange rate) for being one of the editors of their online publication.

 

I’ve sought the advice of a couple of chartered accountants and they have both suggested to me that I’ll have to pay both service and income tax, which would bring my total yearly tax up to 32% of my income. Here’s the breakdown:

 

  • Gross Income: ₹ 25,50,000
  • Service Tax: ₹ 2,62,650 (10.3%)
  • Income Tax: ₹ 5,54,350 (21.7%)
  • Total Tax: ₹ 8,17,000 (32%)
  • Net Income: ₹ 17,33,000

 

The contract clearly says that I am not an employee of the company and that I need to send them an itemised invoice at the end of each month to get paid for services rendered during it. I’ll be working for nine hours on every weekday, will get 21 weekdays of paid leave and cannot work for any competing companies while I’m working there.

 

So, in almost every way, I will be like a salaried employee, except that I will be working from home. And yet, it seems that I have to pay service tax. Is there any way for me to avoid it? Or are there any concessions for people who bring in foreign currency that I could perhaps take advantage of?

 

Any help you could provide would be greatly appreciated.

 

Thank you.

Replies (7)

you have mentioned that you would be working ( giving taxable services to) for foreign company and getting remunaration in foreign exchange, but have not mentioned the nature of work and the place of consumption of the services. please share

Hi,

Any taxable services can be exported without payment of service tax.

Claim of such rebate is to be filed with the Jurisdictional Assisstant/Deputy commissioner in Form ASTR-1 along with the supportings.

 

Regards,

Thank you. That is very helpful. I will draw my C.A.’s attention to this tidbit of information and see what they have to say. Am I eligible for any other rebates for bringing in foreign currency into the country (and thus helping the economy)?

 

 

Originally posted by : U S Sharma
you have mentioned that you would be working ( giving taxable services to) for foreign company and getting remunaration in foreign exchange, but have not mentioned the nature of work and the place of consumption of the services. please share

 

I will be one of the editors of an online blog and my employer is based in The Netherlands. They hire contractors like me from all over the world and the website is read by people all across the globe as well. Is there anything else you need to know?

In capacity of a contractor on your part, you'll have to pay service
tax on each of the invoices that you raise on the company for the
services rendered to it.
Otherwise, you could get your contract re-negotiated with the company
so as to show you as contract employee, this will do away your service
tax liability.
And in both the cases, parking your foriegn currency income in foriegn
currency investible bonds will definitely reduce your income tax
liability as well.

Thanks for the reply but I am not sure which one of you is right. You say that I’ll have to pay full service tax and Samar Jeet Singh said I wouldn’t have to. I’m a little confused.

 

Can someone please clarify this for me?

still your nature of work is not defined .........

if the purpose of availing your services which are consumed within india, then its taxable, otherwise its export of services which is exempt from service tax. 

 

Well, of course it’s the export of services. I am writing for a company that has no presence whatsoever in India, which runs a website that is read all over the globe and the vast majority of which’s traffic comes from outside India. It’s a company based in the Netherlands, with customers all over the world. That would qualify as export of services, right?


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