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Published on:
March 21, 2023
By
Prudhvi Raj

GST on Special Economic Zones (SEZs)

Special Economic Zones (SEZs) are designated areas in India that provide tax and other incentives to businesses to promote economic activity and encourage foreign investment. The Goods and Services Tax (GST) has been implemented in India and applies to all businesses, including those located in SEZs.

Under GST, SEZ units and developers are treated as domestic taxable entities and are subject to GST on their supplies of goods and services. SEZ units can claim input tax credit for the GST paid on their inputs, similar to other taxable entities. However, there are some specific provisions for SEZs under the GST laws, such as the provisions for export of goods and services from SEZs and the provisions for supply of goods from DTA (domestic tariff area) to SEZs.

What is SEZ?

SEZ stands for Special Economic Zone. It is a designated area in India that is set up with the objective of promoting economic activity, generating employment, and attracting foreign investment. SEZs are treated as foreign territory for the purpose of trade operations, duties, and tariffs.

SEZs offer several tax and other incentives to businesses, including exemptions from certain taxes, relaxed regulations, and fast-track approvals for projects. The idea behind setting up SEZs is to create a business-friendly environment that encourages investment and promotes economic growth.

In India, SEZs can be set up in the form of export-oriented units, software technology parks, multi-product zones, agro-processing zones, and more. The government of India provides various benefits to businesses located in SEZs to encourage investment and promote economic growth.

SEZ units are also required to obtain a GST registration, similar to other taxable entities. They must file regular GST returns and pay the GST due to the government, just like any other business in India.

GST treatment on supply to and from SEZ

The GST treatment for supply of goods and services to and from Special Economic Zones (SEZs) is determined by the provisions of the Goods and Services Tax (GST) law in India.

Supply of goods from DTA (Domestic Tariff Area) to SEZ:

1. The supply of goods from DTA to SEZ is treated as an export of goods under GST, and is exempt from GST.

2. The supplier of goods from DTA to SEZ is eligible to claim refund of unutilized input tax credit.

Supply of goods from SEZ to DTA:

1. The supply of goods from SEZ to DTA is treated as an import of goods under GST, and is subject to Integrated GST (IGST).

2. The recipient of goods in DTA is required to pay IGST on the value of goods, and can claim the credit of the same.

Supply of services to SEZ:

1. The supply of services to SEZ is treated as an export of services under GST, and is exempt from GST.

2. The supplier of services to SEZ is eligible to claim refund of unutilized input tax credit.

Supply of services from SEZ:

1. The supply of services from SEZ to DTA is treated as a taxable supply under GST, and is subject to GST.

2. The recipient of services in DTA is required to pay GST on the value of services received, and can claim the credit of the same.

Key features of GST for SEZ

The key features of Goods and Services Tax (GST) for Special Economic Zones (SEZs) in India are as follows:

1. Exemptions for supply of goods and services to SEZs: Supply of goods and services to SEZs are exempt from GST and are considered as exports under GST.

2. Refund of unutilized input tax credit: Suppliers of goods and services to SEZs are eligible to claim a refund of unutilized input tax credit.

3. Integrated GST (IGST) on import of goods from SEZ: The import of goods from SEZs to the Domestic Tariff Area (DTA) is subject to IGST and is considered as an import under GST.

4. GST on supply of services from SEZ: The supply of services from SEZs to the DTA is subject to GST and is considered as a taxable supply under GST.

5. Compliance requirements: Businesses operating in SEZs are required to comply with the relevant provisions of the GST law and follow the procedures for exports and imports under GST.

In conclusion, the GST applies to businesses in SEZs and they are subject to the same tax compliance requirements as any other business in India. Businesses in SEZs can claim input tax credit for the GST paid on their inputs and must file regular GST returns and pay the GST due to the government.

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Updated on:
March 16, 2024