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Gst on webhosting and tds [hostgator.com]

937 views 1 replies

Hello

I am looking for information about GST on Webhosting and TDS Payments. I have been searching for this from last 2 months but haven’t got any relevant information.

TDS Problem:

My CA Says that for Private Limited Companies:

Every hosting payment we make we have to deduct TDS @ 2% and for this we need PAN Number of the Biller. For any payment made to a biller with No PAN Number we have to deposit TDS @ 20% (we have to bear this)

Total Billing in a year is 3 Lakhs:

We have dedicated servers from Hostgator USA and they have not registered for INDIAN PAN Number.

GST Problem:

Since July 1 Hostgator is adding 18% as “India Goods and Services Tax” previously dedicated server billing price was $174 per month and now after 18% tax is $205.32 (Total $31.32 added as GST)

Hostgaot is showing following Service Tax Registration Number NTT0581USASR037 on Invoice

Another thing is on Hostgator's Invoice the following line is written: "B2B customers shall be liable to pay GST under the reverse charge mechanism." - Is this means I have to pay the GST suo-moto? Then Hostgaot cannot charge 18% right?

We have asked the same to Hostgator support and they said:

“For the purposes of taxes, you will want to use our Service Tax Registration Number, which is as follows: NTT0581USASR037”

Note:
We do not want to move our server to Hostgator India or any other hosting providers because we are fully satisfied with hostgator support since few years…

I will be very thankful for any information on tihs…
Thank you!

Replies (1)
Detailed answer:
1. Hostgator's service tax no will not be eligible for ITC of 18% that it is charging. It should have a GSTIN for the same which it does not have.

2. I beg to differ from your CA, you'll be liable to deduct 10% tds and not 2% as it is fee for technical services. But if no PAN given, then 20%, which you can ofcourse deduct from the fees payable.

3. The indian gst that it is charging will not be remitted to Indian govt, and you cannot claim its itc. this extra gst that it is naming as Indian gst will become your cost, and you will pay 18% gst including this amount.

4. You will have to pay 18% gst on reverse charge for which you will get credit on its payment to govt.

This is as per my personal opinion, I could be wrong somewhere above,
Hope this helps :)


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