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Facts, Provisions and law, Analysis, Conclusion.

  • Stripe / PayPal / Razorpay: payment processor tax compliance
    Facts
    Payment processors are now a significant IT department data source. Stripe India reports all merchant settlements above thresholds to the IT department via SFT. PayPal India settlements appear in AIS.
    Provisions and law
    FEMA, Payment and Settlement Systems Act | IT Act, Sec 102 (old 68)
    Analysis
    Stripe Atlas / foreign Stripe: If you're collecting USD through a foreign Stripe entity (US or EU), and then repatriating to India, FEMA compliance is required. The income is taxable in India (you're a resident). Bring it in through official banking channels with proper FIRC. Razorpay settlements: Indian platform. All settlements reportable. If you have significant Razorpay volume (₹10L+/year) and it's not in your ITR, you will get a notice.
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  • GST Mandatory Registration: Threshold and Triggers
    Facts
    Registration is the foundation of GST compliance. Miss the threshold, delay beyond 30 days, or supply inter-state without registration, penalty is 100% of tax or ₹10,000. Most small business owners discover the obligation only after a notice.
    Provisions and law
    Sec 22(1); Sec 24; Sec 29(2); Sec 122(1); Rule 8, 9
    Analysis
    Aggregate turnover definition: All taxable + exempt + zero-rated + nil-rated supplies on PAN-India basis. Excludes inward supplies under reverse charge. Includes multiple GSTINs under same PAN. A single person with businesses in Delhi and Mumbai: add both states' turnover for threshold check. Special category states (lower threshold): Manipur, Meghalaya, Mizoram, Nagaland, Tripura, Sikkim, Arunachal Pradesh, Uttarakhand, Himachal Pradesh, J&K: ₹10L for services, ₹20L for goods. Inter-state, no threshold: The moment a supplier makes even ONE inter-state supply, say a Delhi freelancer invoices a client in Mumbai, registration is mandatory regardless of annual turnover. This is the most commonly missed trigger. Selling on Amazon to customers in another state = inter-state.
    Conclusion
    • Calculate aggregate turnover for current FY: all supplies across all states, all businesses under same PAN
    • Check: any inter-state supply made? (Even one invoice to another state = registration mandatory)
    • Check: are you selling on Amazon/Flipkart/Meesho? (E-commerce aggregator = mandatory registration)
    • Check: do you purchase from unregistered suppliers above ₹5,000/day? (RCM may apply)
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  • REIT vs direct property: the real comparison
    Facts
    Direct property: Rental yield net of maintenance: 2-3%. LTCG on sale: 12.5% (no indexation from July 2024). Illiquid. Requires maintenance, tenant management. TDS compliance for landlord.
    Provisions and law
    IT Act, Sec 22-27 (house property income) vs Sec 115UA (REIT)
    Analysis
    REIT: Distribution yield: 6-8%. Liquid (T+2). Professional management. Commercial real estate exposure. Tax on interest component at slab rate (higher than property's HP income treatment for some). The hidden insight: For a 30% slab investor, REIT yield on interest component = 70% of 7% = 4.9% post-tax. Direct residential rental = 3% gross, 2.4% net after maintenance. REIT wins on yield. Direct property wins on capital appreciation potential in specific micro-markets.
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  • App Store / Play Store revenue: GST on apps sold in India vs globally
    Facts
    Revenue from apps sold through Google Play or Apple App Store has complex GST treatment:
    Provisions and law
    CGST Act, Sec 13(12) | OIDAR services | GST Notification 9/2017
    Analysis
    Sales to Indian users: GST applies at 18%. Google/Apple collect GST on behalf of the government, they act as the "intermediary" and deposit GST directly. For most developers, Google/Apple handle this, but you must ensure they have your GSTIN to credit the GST properly. Sales to foreign users: OIDAR (Online Information and Database Access or Retrieval) service, export. 0% GST with LUT or refund route. Apple/Google may still deduct taxes at source in foreign jurisdictions, check country-wise withholding treatment. Subscription SaaS to Indian businesses: 18% GST. Issue GST invoices. Claim ITC on server costs, software tools, developer tools.
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