Service Tax on USD payment

Queries 3136 views 9 replies

Hi,

 

I have a proprietary forum where I am the sole proprietor. The nature of the business of the firm is software development.

I work from home and am not located in SEZ.


One of the clients pays me in USD (he does not agree to pay in INR) . The amount would be around 2,70,000 per annum. My total income  in the firm is below 10 lacs and the best i know i am not eligible for Service tax payment yet.

 

But my question will accepting money in USD create an issue ? is there some sort of special registration or tax mandates I need to follow for accepting money in USD  ? As of now I have just got my firm registered since I am the only person working on it and want to focus more on delivering code rather doing accounting.


Please guide

Replies (9)

you have to get IE code for receiving forex remittence, as the matter is under DGFT, 

 

as you are not in service tax, u dont have to worry more about it, but in case u are liable to pay service tax even ( above 10 lacs gross) then even export of services for which remittence received in forex are not liable for service tax. 

Originally posted by : U S Sharma

you have to get IE code for receiving forex remittence, as the matter is under DGFT, 

 

as you are not in service tax, u dont have to worry more about it, but in case u are liable to pay service tax even ( above 10 lacs gross) then even export of services for which remittence received in forex are not liable for service tax. 

Just to paraphrase what you said 1. Since I am below 10 lacs I need not worry about the IE code 2. Once my foreign remittances reach above 10 lacs I should get an IE code so that I can claim exemption. Please correct me if I have understood wrong

IE code is needed for any foreign remittence, to cater the needs of "forex inward realisation certificate"

service tax is diff part, 

import / export is diff part. 

u need to get IE code for your inward foreign remmitence, otherwise FEMA rules may grip you,

Just one allied question -- I understood what IE code is , also service tax ...

 

how does import/export play a part  ? and how much import /export duty am i liable to pay ...

 

PS = With so much complexity I wonder if genuine people can ever do business in india , no wonder we have a such  a huge black money market!

as you have been receiving payment in USD, any indian company is not permitted to pay in foreign exchange, ( SEZ/EOU is exception)

when u receive the payment in USD, it is either export or deemed export, and you have to get Bank realization certificate for such foreign exchange remittence inward, for that purpose u need Importer Exporter Code no , its one time registration as PAN, and no annual returns needed to maintain it, unless u avail value based or duty based incentives against your exports.

regarding import duty, you are not importing anything, so it does not arise, and regarding export duty, there is no export duty in your case, but your turnover which is either direct export or deemed export, would be eligible to get exempted unconditionally from service tax/ vat and other statuary taxes, as the remittence is received in foreign exchange. 

Sir,

You have been extremly helpful.

Due to nature of my business I need to make some payments in USD.

BUT Like you said , the law does not permit me to since I am not in a SEZ

I thought of a workaround , that I pay via c redit card since I will reimbure the card company in INR. Since I bear the double currency conversion charges I think this should be allowed , albiet the invoice will be in foreing currency.

I have been thinking of this workaround for such a long time and today I got it !


BUT i need to verify this concept with you , before I proceed ahead...

Please guide...

 

No online payment for forex trade: RBI to credit card firms

Amid introduction of illegal online forex trade by certain companies, the Reserve Bank has asked credit cardissuing companies to not permit payments for such transactions.

The regulations under Foreign Exchange Management Act (FEMA), 1999, do not permit resident Indians to trade in foreign exchange in domestic or overseas markets.

The RBI’s instruction comes in the wake of introduction of overseas foreign exchange trading on a number of Internet and electronic trading portals, luring the residents with offers of guaranteed high returns based on such forex trading.

Several people have lost heavily in forex trade through Internet portals in the recent past.

“The advertisements by these Internet or online portals exhort people to trade in forex by way of paying the initial investment amount in Indian rupees,” the RBI said.

Many companies even engage agents who personally contact gullible people to undertake forex trading and investment schemes and entice them with promises of disproportionate or exorbitant returns, the RBI said.

Such companies ask public to make the margin payments for such online forex trading transactions through credit cards or deposits in various accounts maintained with banks in India, the RBI said.

“…the card issuing companies who may also be advised to remain alert against permitting payments for such unauthorised transactions,” the central bank said.

The apex bank said it has also observed that accounts are being opened in the name of individuals or proprietary concerns at different bank branches for collecting the margin and investment money.

The banks have been asked to exercise “due caution and be extra vigilant” in respect of the such transactions, the RBI’s circular said.

Any resident Indian collecting or remitting such payments outside India is liable to be proceeded against with, for contravention of FEMA and violation of regulations relating to Know Your Customer (KYC) norms and Anti Money Laundering (AML) standards, the circular added.

Sir I read your repsonse

 

But this is related to forex trading done

 

I buy software , tools , knowledge assets but never trade in forex ...

 

Will buying through credit card allowed in such case

Originally posted by : kriru

Sir I read your repsonse

 

But this is related to forex trading done

 

I buy software , tools , knowledge assets but never trade in forex ...

 

Will buying through credit card allowed in such case

Here its related to FOREX outgo, and after certain limit you will have to obtain permission from RBI for such transactions, 

 

forex payments for personal use are not covered under I/E


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