GST

Five conditions for export of services

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Find

Export of services needs all five conditions in Sec 2(6) of the IGST Act: supplier in India, recipient outside India, place of supply outside India, payment in foreign exchange (or INR where allowed), and the two are not establishments of the same person.

Provisions

Sec 2(6), IGST Act 2017; Sec 13, IGST Act 2017

Analysis

If the recipient under the contract is the Indian office, or the service is performed on goods or property in India, the place of supply can be in India and it is not an export. Check the contract party and where the service is consumed. If any condition fails, charge GST as a domestic supply.

Close

  1. Check who signs and pays under the contract.
  2. Find the place of supply under Sec 13 of the IGST Act.
  3. Confirm foreign exchange receipt.
  4. Bill under LUT only if all five conditions are met.

Billing a branch of your own foreign parent can fail the fifth condition.

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