Ever since GST regime came into effect from last month, service exporters in India have been facing this dilemma: Should they register under GST and pay tax? Or their income is non-taxable?
In the last few weeks, different contrarian views have emerged regarding this issue, and this has only added to the chaos.
Freelancers and companies undertaking digital and IT projects from abroad are classified under Service Exporters, and this is indeed a burning issue which has still not been resolved.
Here, we attempt to present both the views on this issue.
Service Exporters Are Not Required To Register Under GST
A self-acclaimed tax expert has published a blog on Nasscom’s community blog regarding this issue, and as per the claims made, service exporters are exempted from GST.
He presents 6 arguments to support his logic.
The prominent one being that any form of service export is classified under ‘Zero Rated Supply’, which means that no GST registration is required, hence no tax is payable.
Section 16 (1) of Integrated GST states:
16. (1) “Zero rated supply” means any of the following supplies of goods or services or both, namely:—
(a) export of goods or services or both
Besides, Section 16 (3) of the same Act makes it clear that in case an exporter wants Input Tax Credit, then he may register under GST to claim the same.
The blogger concludes: “Therefore in my considered opinion , there is no need of registration by a person who is involved in export of goods or services if he/she/it does not desire any claim of input tax credit .”
Note here, that this blog is not an official endorsement by Nasscom on this issue, as the blog was published on the Community platform of Nasscom. As we investigated the blogger, we found him describing himself as Tax Expert on his Facebook profile.
We can neither confirm or deny these claims made.
You can find the blog here.
A similar blog by an Independent legal service professional on Business Standard too echoed this viewpoint, and claimed that no GST required for Service Exporters. (the article is locked behind paywall)
Service Exporters Are Liable To Pay GST
Meanwhile, an article published by The Tribune claimed that freelancers exporting their software development skills will be required to pay GST.
As per the article, “.. If a freelancer is earning even a single rupee from outside the state, then he is liable for GST registration in India.”
But that is not all. The article also claims that such a freelancer or service exporter is not covered under the basic exemption of upto Rs 20 lakh annual income.
In fact. Mastan Singh Chambyal, a CA, and vice-chairman, Chandigarh branch of Institute of Chartered Accountants of India (ICAI) said, “There is no minimum exemption limit. Even the freelancers are also covered and have to get themselves registered. Under the GST, exports have been categorised as zero-rated supply and under the new regime, taxes paid on input as well as output supplies are refundable,”
We have reached out to professional tax experts regarding this issue, and will update the blog post based on their opinions.
Meanwhile, do share your views, opinions and questions by commenting right here!