Software Developer Filing Requirements: Do I Need SOFTEX for US Clients When Already Filing GST?

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Spooderman

Software developer

19 Points Joined November 2024

Hi Everyone,

I'm a freelance software developer working with US-based startup. I'm already GST registered and filing regular returns with proper LUT for my foreign clients.

Recently heard about SOFTEX forms and I'm confused about whether it's mandatory for my situation. I provide software development services on contractual basis to foreign companies, which falls under Purpose Code P0802 (Software consultancy/implementation).

My specific questions:

Is SOFTEX filing mandatory for me despite already filing GST returns?
If yes, do I need to file it every month with each invoice and is there any fees also in filing that?
What are the penalties if I haven't filed it previously?

Would appreciate insights from others in similar situations. Thanks!

Replies (2)

Rama chary Rachakonda

Master in Accounts & high court Advocate

9047 Points Joined December 2011

As a freelance software developer providing services to foreign clients, you might need to file SOFTEX forms. Here's what you need to know: Is SOFTEX Filing Mandatory? -

*Export of Services*: If you're providing software development services to foreign clients, you might need to file SOFTEX forms to declare the export of services. -

*GST Returns*: Although you're already filing GST returns with LUT, SOFTEX filing is a separate requirement for exporters of services. Frequency and Fees -

*Monthly Filing*: SOFTEX forms can be filed on a monthly basis, but it's recommended to file it within 30 days from the date of invoice or date of receipt of payment, whichever is earlier. -

*No Fees*: There are no fees for filing SOFTEX forms. Penalties for Non-Filing -

*Penalties*: If you haven't filed SOFTEX forms previously, you might face penalties or fines. The penalties can vary depending on the specific circumstances. Additional Considerations -

*Consult a GST Expert*: To ensure compliance with all regulations, consider consulting a GST expert or a chartered accountant familiar with export of services. -

*Documentation*: Maintain proper documentation, including invoices, payment receipts, and SOFTEX forms, to support your export of services. Similar Situations -

*Other Freelancers*: Many freelancers providing software development services to foreign clients face similar situations.

It's essential to stay compliant with all regulations to avoid any issues.

By understanding the requirements and filing SOFTEX forms accordingly, you can ensure compliance and avoid potential penalties.

SUMIT MISHRA

Chartered Accountant

22 Points Joined July 2012

GST deals with domestic tax compliance, while SOFTEX is for reporting foreign exchange earnings from software exports to the RBI.

SOFTEX is technically required if you're exporting software or IT services and getting paid in foreign currency, regardless of GST filing. Banks may not enforce it strictly, but being compliant helps in the long run.

Filing not required monthly but may filed batch wise or client wise at regular intervals.

There are penalties applicable for not filing but are usually not imposed very strictly on small businesses and freelancers, so you may start filing for future transactions.