GST/service tax when working in India

Is GST applicable only while doing business in India? Is it needed for an Indian to pay service tax to government for providing services abroad while providing the services to them by working from India?

Replies (1)

Under Indian GST law, providing services from India to clients abroad is generally considered an "export of services" and is classified as a "zero-rated supply." This means you do not charge GST on your invoices, but you retain the ability to claim a refund of the input tax credits you paid on business-related purchases.

Key Conditions to Qualify as an Export

For a service to be legally treated as an export (and thus zero-rated), the following five conditions must be met simultaneously:

  1. Supplier Location: You (the supplier) must be located in India.

  2. Recipient Location: The recipient of the service must be located outside India.

  3. Place of Supply: The place of supply must be outside India (typically, for most services, this is the location of the recipient).

  4. Payment: The payment for the services must be received in convertible foreign exchange (or in INR where permitted by the RBI).

  5. Separate Entities: You and the recipient must not be merely establishments of the same person (e.g., you cannot "export" services to your own foreign branch).

Important Considerations

  • Physical Performance: If you are required to travel abroad to perform the service in India (e.g., a workshop in Mumbai for a foreign client), it does not qualify as an export. In such cases, GST applies at the applicable rate (usually 18% IGST).

  • Intermediary Services: If you act as an intermediary, the service generally does not qualify as an export, and GST will apply.

  • Documentation: To maintain zero-rated status and claim refunds, you must maintain proper documentation:

    • Invoices: Clearly state that the supply is for export under a Letter of Undertaking (LUT) without payment of IGST.

    • LUT: You should file a Letter of Undertaking (LUT) on the GST portal for each financial year to export services without paying IGST upfront.

    • Proof: Keep records of your contracts, invoices, and foreign inward remittance certificates (FIRC/BRC) as evidence of the transaction.

  • Registration Threshold: If your aggregate annual turnover is below the GST registration threshold (typically ₹20 lakhs for service providers, or ₹10 lakhs in special category states), registration is generally not mandatory, though many exporters register to claim input tax credit refunds.


Summary: You generally do not need to pay or charge GST for services provided to foreign clients from India, provided you meet the criteria for an "export of services" and maintain proper documentation (such as filing an LUT). If you do not meet all criteria—specifically if the service is performed within India—GST will be applicable.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
ARTICLESHIP 26 August 2026
Article Assistant

ANIVESH CONSULTANTS LLP

Gurgaon

CA Inter

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
ARTICLESHIP 24 August 2026
Article Assistant

M/s.S.G.Salecha & Co.

Mumbai

CA Inter

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details