In India, Goods and Services Tax (GST) is applicable on exports of goods and services, including third-party exports. The rules for GST on third-party exports are the same as for exports made by the registered taxpayer.
A third-party export is when a registered taxpayer (referred to as the supplier) supplies goods or services to another registered taxpayer (referred to as the exporter), who then exports the goods or services to a foreign country.
For third-party exports, the supplier is responsible for charging and paying GST on the supply of goods or services. The exporter is then required to obtain a certificate of export from the supplier, which will serve as proof of payment of GST.
The exporter may also be eligible to claim a GST refund on the export of goods and services if they are not eligible to take input tax credit of the GST paid on the inputs.
It is important for both the supplier and exporter to follow the rules and regulations regarding GST on third-party exports, as non-compliance can result in penalties and legal action.
Third-party exports refer to the situation where a registered taxpayer (referred to as the supplier) supplies goods or services to another registered taxpayer (referred to as the exporter), who then exports the goods or services to a foreign country. In this scenario, the supplier is responsible for charging and paying Goods and Services Tax (GST) on the supply of goods or services, while the exporter is responsible for exporting the goods or services. The exporter may also be eligible to claim a GST refund on the export of goods and services if they are not eligible to take input tax credit of the GST paid on the inputs.
The following documents are required for third-party exports under Goods and Services Tax (GST) in India:
1. Invoice: The supplier is required to issue a tax invoice for the supply of goods or services to the exporter.
2. Shipping Bill: The exporter is required to submit a shipping bill to the customs authorities for the export of goods.
3. Certificate of Export: The supplier is required to issue a certificate of export to the exporter, which serves as proof of payment of GST.
4. GST Refund Claim: The exporter may also be eligible to claim a GST refund on the export of goods and services if they are not eligible to take input tax credit of the GST paid on the inputs. In this case, the exporter will need to submit a GST refund claim to the relevant authorities.
5. Bill of Lading: A bill of lading is a document that serves as a receipt for the goods being shipped and as a contract of carriage between the exporter and the shipping company.
6. Delivery Challan: A delivery challan is a document that serves as proof of delivery of goods.
It is important for both the supplier and the exporter to maintain accurate records and to follow the rules and regulations regarding third-party exports under GST, as non-compliance can result in penalties and legal action.
The taxability of third-party exports under Goods and Services Tax (GST) in India is as follows:
1. Supply of goods: The supplier is required to charge and pay GST on the supply of goods to the exporter. The GST rate applicable will depend on the nature of the goods being supplied.
2. Supply of services: The supplier is required to charge and pay GST on the supply of services to the exporter. The GST rate applicable will depend on the nature of the services being supplied.
3. Export of goods: Exports of goods are zero-rated under GST, which means that the exporter is not required to pay GST on the export of goods, but is eligible to claim a GST refund on the GST paid on the inputs if they are not eligible to take input tax credit.
4. Export of services: Exports of services are zero-rated under GST, which means that the exporter is not required to pay GST on the export of services, but is eligible to claim a GST refund on the GST paid on the inputs if they are not eligible to take input tax credit.
It is important for both the supplier and the exporter to maintain accurate records and to follow the rules and regulations regarding the taxability of third-party exports under GST, as non-compliance can result in penalties and legal action.
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Determination of tax & adjudication of demand– Sec 73 CGST Act, 2017
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