• GST liability for mobile application developer

Hello,

I am App developer for Android(Google Play Store). 

My app is online for last two years, but it was free. I introduced advertisements and in-app purchases in my app on March 2. I started getting income from March 2, 2019. 

I read online about GST liability, and according to the original GST law, everyone who does interstate sales, is liable for registration, so I registered for GSTIN effective from March 2. 

Later I learned that a notification was issued that 20 lakhs limit applies to providers of interstate services too. So I applied for cancellation of my GSTIN on 9 April 2019, effective from 2 March 2019.

But it has been more than 30 days, it is still showing as "pending for processing" and is assigned to state. The GST website clearly says 30 days is the time frame for cancellation. I called up the Helpdesk number mentioned on services.gst.gov.in, and they said there is no such time limit for cancellation.

I would have had no issues, but the thing is with the old users buying the app, my turnover has crossed 20 lakhs now.

I want to know what should I do now? Since my old GSTIN is still pending for cancellation.

Also, I would like to avail services of CA(for filing my GST returns and book keeping) who have experience in filing GST for app developers, as 

1. most of my sales happen in foreign countries, and Google charges the users on my behalf and takes cut of 30% and pays me in INR. Since exports are zero rated, I shouldn't have to pay GST for the sales outside India, but since I receive payment in INR and not in convertible foreign exchange, I am not sure how to proceed in this case.

2. I don't know if my turnover would include the amount paid by customer(which includes their local taxes) before Google takes its cut or after Google takes its cut, as I am paid by Google(on monthly basis) and not the customer directly. Google provides me with the location and currency details of the buyer and the amount paid by them( different users can pay different amount)

3. Google asks for GSTIN of Indian app develoepr is GST is to be levied on Indian customers purchasing the app. If app developer doesn't provide GSTIN, no GST is collected by Google from Indian customers.
 But for foreign app developers(who don't need to furnish GSTIN to Google), Google collects GST from Indian customers and pays it to the government.

Thank you for you help.
Asked 5 years ago in GST

Hi,

- Development and sale of app. is termed as services under GST. As Google is selling on your behalf therefore we need to bifurcate between the sale to domestic customers and foreign customers. Sale to foreign customers will be treated as export sales and treated as zero rated for which you need to apply for the LUT for export without payment of tax. Sale to domestic customers will be liable to GST.

 

- You can apply for the GST cancellation.

 

- For export, condition is consideration should be received in convertible foreign exchange.I think you are receiving USD which is convertible into INR. Please check your bank account again.

 

- Sales would be the gross amount charged from the customer. Does Google issues you any invoice for the cut?. If yes the the sales would be the amount charged from the customers (as the details of customers are shared by the google) and in the GST return we need to fill the gross amount.

 

- As Google is selling on your behalf therefore it it is your liability to collect GST and pay on sale to domestic customers.  In case of foreign developers which are not traceable, it is the responsibility of the google to collect and pay GST. 

 

Thanks

Vivek Kumar Arora
CA, Delhi
4848 Answers
1044 Consultations

5.0 on 5.0

I have been working for some youtubers and they also get income from google in indian currency even though it shows in dollar in their creator account but then also it is shown as export of service and since for youtuber payment is made by singapore office it is considered as export of service and no GST is applied, however if their turnover is above 20 lakh they need to apply for LUT and file GST return.

 

I think same would apply in your case if you are receiving income from Google singapore branch.

 

Also Google is collecting GST on your behalf from indian customer and paying it to government as an aggregator which is same as the structure which OLA and UBER follows so i dont think you will have to pay any GST you only have to file NIL return.

 

And your 20 lakh turnover was crosses during this two months or part in this year and part in previous year?

 

If you need any help you can call me and we shall discuss the thing. I have not handled case of any app developer but being a CA I can help you.

 

Hope you find the information helpful, if you do please rate it 5 and provide your valuable feedback for my improvement.

 

Thank you.

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

Dear Sir,

 

Hope you are doing well !!

 

In your case, you can apply for the Letter of undertaking (LUT) and export without payment of GST.

 

1. As per my understanding, you are receiving payments in dollars. Please check the bank account.

 

2. The gross amount charged by the Google (including local taxes) would be the turnover for GST.

 

3.-In case you are an e-commerce operator supplying services, reverse charge will apply to you.  Hence, you as an e-commerce operator are responsible to pay the GST.


For example,  in case of transport service provided by taxi aggregator OLA, OLA is liable to pay the GST. OLA will collect tax from passengers instead of the registered service providers. There are cases where an e-commerce operator does not have a physical presence in the taxable territory. In such a case, a person representing such e-commerce operator for any purpose will be liable to pay tax. If there is no such representative, the operator would  appoint a representative. He will be held liable to pay GST.

 

We are handling the same for our clients.

 

If you need any further, please let me know.

 

Thanks & Regards,

Payal Chhajed

 

 

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Hello,

 

Your services are covered under Online Information and Database Access or Retrieval Services. Your total turnover would be divided into two parts. Sale to Indian customers, which will be chargeable to GST. And sale to Foreign customers, which will be termed as export of services and chargeable as zero-rated services.

Since your turnover has crossed Rs. 20 Lakhs, you need to get GST registration and apply for LUT for export of services without payment of tax.

 

Your turnover would be the total amount charged from the customer (including local taxes)

 

If you get GSTIN for your app development services then you will have to pay GST on services provided to Indian customers and no GST would be payable for export of services as mentioned above.

Regarding Google collecting GST and paying it to the government, Google must be charging GST on his commission for providing the platform for app development services and paying it to the government under their GSTIN.

 

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

- If the payment is made in INR then you need to collect and pay GST on each sale i.e. domestic and export.

Vivek Kumar Arora
CA, Delhi
4848 Answers
1044 Consultations

5.0 on 5.0

If you are receiving the amount in INR then it wont be considered as export of service as all the conditions relevant for export of service must be fulfilled.

 

Therefore you need to pay GST on all receipts.

 

Thank you

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

Hi,

 

You need to pay and collect GST on each transaction.

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Hello,

 

If the amount is received in INR and not in convertible foreign exchange, it won't be classified as export of services as one of the conditioned is not fulfilled.

So you need to pay GST on this transaction as a domestic sale.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

Hi

 

Firstly, as regards cancellation is considered, keep charging GST and filing GST returns till cancellation is approved. It won't come that soon. It would take 4-5 months for sure. When cancellation is approved, re-register.

 

1. Since you are not receiving the sales remittance in foreign currency, it could not be classified as export of services. GST needs to be charged on all sales- Indian as well as foreign.

2. While remitting the amount to you, does Google India charge you GST? If yes, you can claim it's ITC.

3. For Ad revenue, it would be classified as zero rated sales. Apply for Letter of Undertaking and show export zero rated sales in GSTR.

4. You need to calculate your turnover by considering total amount paid by the customer. Deduction be Google is nothing but your input services.

 

We may discuss the issues further.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

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