Intermediary Services

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Dear Experts,

We are US based company. We are billing parent company for export of our IT services with mark-up % without GST. Now we want to start selling company products in India to do this business activity in india we have onborded Sales and Marketing team and we are having employee costs and other related costs which we wanted to bill it back these costs also with mark-up % till we start generating sales revnue locally. I believe if we treat these expenses for intermediary services and bill it back do we have to prove these expenses/services/leads are related to US entity and we will be asked in future to state the end customers of US Entity in india?

Kindly help

 

 

Replies (1)

As a US-based company, you're expanding your business to India and want to bill back employee costs and other related expenses to your parent company with a mark-up percentage. Since you're treating these expenses as intermediary services, you'll need to comply with Indian tax regulations. For intermediary services, you'll need to: 1. _Register for GST_: Obtain a GST registration in India as an intermediary. 2. _Obtain an GSTIN_: Get a GST Identification Number (GSTIN) for your Indian entity. 3. _Invoice your parent company_: Raise invoices for the intermediary services provided, including the mark-up percentage. 4. _Charge GST_: Charge GST on the invoices raised, as per the applicable GST rate (currently 18% for services). 5. _File GST returns_: File regular GST returns (GSTR-3B and GSTR-1) to report the intermediary services and GST charged. To justify the mark-up percentage, maintain proper documentation, such as: 1. _Service agreements_: Have a clear service agreement outlining the scope, responsibilities, and mark-up percentage. 2. _Cost records_: Maintain accurate records of employee costs, other related expenses, and the mark-up percentage applied. 3. _Transfer pricing documentation_: Prepare transfer pricing documentation to justify the arm's length price ( mark-up percentage) applied. Consult a tax professional or chartered accountant to ensure compliance with Indian tax regulations and GST requirements. They can help you navigate the process and ensure proper documentation.

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