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Published on:
February 26, 2024
By
Viraaj Vashishth

Is GST Applicable on Exports of Services in India?

The Goods and Services Tax structure, put into place in India in 2017, strives to simplify the circuitous taxation system. Whilst most dealings inside the country are subject to GST, the handling of exports under this mechanism differs. This article delves profoundly into the GST repercussions for exports of services in India, furnishing an exhaustive overview of enterprises and persons involved in worldwide commerce.  

Understanding the Classification of Exports

Under the Goods and Services Tax regime, both goods and services shipped abroad are considered zero-rated supplies. This denotes that GST is not imposed on the transaction itself when products or services are exported overseas. This policy aims to increase the competitiveness of Indian exports in the global marketplace by removing the burden of domestic taxes.

However, it is imperative to fully grasp that while no GST is charged on the exported service, exporters can still recoup input tax credits incurred on inputs and input services utilized in furnishing the exported service. This mechanism helps businesses regain the GST already paid on purchases, ensuring they are not at a disadvantage relative to international competitors operating under diverse tax systems within their home nations. Exporters must file the appropriate forms to claim a refund of the input taxes.

Claiming Refunds for Exporters

There are two primary methods available for exporters seeking reimbursement of input tax credits accrued under the Goods and Services Tax regime in India: bond/letter of undertaking or direct refund. Both paths aim to refund the unutilized ITC to help offset export-related expenses.

Bond or Letter of Undertaking (LUT):

1. Businesses have the choice to export under a bond or letter of undertaking, a guarantee that pledges payment of applicable taxes should export obligations fail to be satisfied. This allows eligible exporters to forgo remitting GST upfront on export transactions, instead applying for a refund on ITC once the shipment is completed. However, this method involves certain formal processes and security deposits, making it best suited to proven exporters with a solid performance history handling international trade issues responsibly.

2. Alternatively, exporters may directly apply for a tax refund by submitting the necessary documents within the prescribed timeline. This provides a more hands-on option but requires diligently fulfilling mandatory procedures and deadlines.

3. Overall, both refund methods under GST aim to return input taxes to exporters as a means of incentivizing exports and helping offset related cost burdens, within a structure that also protects tax administration needs. Careful consideration of export business characteristics helps determine the most appropriate path for each operation.

Payment and Refund:

1. Exporters have two options for managing GST on exports under Indian law. They can either pay IGST up front and later receive a refund, or utilize a letter of undertaking to avoid remittance until exports are complete. Each method presents businesses with different operational and cash flow implications to consider.

2. Prepaying IGST provides a streamlined process without bonds or documentation other than payment. However, the immediate tax liability may strain short-term finances for some companies. In contrast, a letter of undertaking allows for deferred payment but adds paperwork and guarantee requirements that increase compliance costs.

Conclusion

The central objective of India's GST system is to facilitate cross-border trade while maintaining fiscal sovereignty. Towards this end, exports are zero-rated to exempt suppliers from domestic taxes on goods and services sold internationally. While GST itself does not impact export transactions, input tax credits accumulated can be substantial for export-focused businesses. Proper administration of refund mechanisms helps offset this burden and preserves competitiveness in global sales. With a thorough evaluation of options available, exporters can implement solutions tailored to their cash flows and minimize tax burdens

Suggestions

Section 2(6)(v) Condition of IGST Act 2017 How to File GST Returns in Case of Export of Services 

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Updated on:
March 16, 2024