GST rate on sale of trade marks

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Partner
39 Points Posted on 16 January 2020

Dear Friends, 

What is the GST rate to be applied on sale of trade marks and what would be the relevant HSN code. In the list of HSN i could only find licensing of trade marks, couldnt find anything conclusive on the rate applicable for sale of trade marks.

Kindly Help

Thanks

Sandeep

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On 16 January 2020 at 15:19 Report
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Quick Summary
This discussion clarifies the GST rate applicable to the permanent sale (transfer) of trade marks. It has been confirmed that a 12% GST rate applies, as per Notification 41/2017 CT (R) DT. 15/11/2019, for the permanent transfer of intellectual property, excluding IT software. The query also addresses the relevant HSN code, noting that 'any chapter' is often used in such cases.

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GST Practitioner
55067 Points Posted on 17 January 2020
As per Notification 41/2017 CT (R) DT. 15/11/2019
Permanent Transfer (Sale) of Intellectual Property other than information Technology software attracts GST at rate of 12

Hence it's 12% GST
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On 17 January 2020 at 10:34
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Partner
39 Points Posted on 23 January 2020

Thanks for the confirmation sir. I have gone through the notification and observed that under the HSN code column it is mentioned as 'any chapter'. In such cases which HSN code should we use? Please let me know.

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On 23 January 2020 at 15:37

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