GST implication of Sale of Web Series to OTT platform.

A Sole proprietorship production house is planning to sell a web series to any OTT platform like Amazon Prime.

Should it be treated as Transfer of Intellectual Property (IP) right in respect of goods other than Information Technology software and charged at the rate of 12% GST

If not Please tell the correct GST implication of the same ??

 

Replies (2)
Quick Summary
This discussion explores the correct Goods and Services Tax (GST) treatment when a sole proprietorship production house sells a web series to an OTT platform. It questions whether this constitutes a transfer of Intellectual Property (IP) rights, potentially attracting 12% GST, or if it falls under Online Information Database Access & Retrieval (OIDAR) services, taxed at 18%. The ambiguity arises from the lack of a specific IPR definition in GST and the nature of selling copyrights.

IPR is not defined in GST, so reference can taken from service Tax Act : IPR include , Copyright, Patent, Trademark, Design, any other similar rights to an intangible property.

Hence it's kind of selling copyrights, & As per Notification 11/2017 CT (r) under heading 9973 it's 12% GST on IPR other than information technology software.

Will t be more appropriate to apply OIDAR (Online Information Database Access & Retrieval) and pay tax @ 18%.

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