• Export of Services

Hello,
I work from India as a freelance software developer.
I have a client say A who resides in UK and another person B who resides in France. Both A and B knows each other.

I provided software development service to client A and raised invoice for my services against client A. But the payment for that invoice is made by person B in the form of EUR.
Consider I have GST, IEC, and payment received in my bank in EUR.

1. Am I still eligible for zero rated GST, given there is a difference between service recipient and payer?
2. Can I have problem in receiving FIRC from bank in above case?
3. Do I need to change the invoice and raise the bill against B (instead of A), while I given service to A?

Please note its export of service (its not export of goods)
Asked 4 years ago in GST

Hi

 

1. Yes

2. I don't foresee any issues provided point 3 is followed.

3. The invoice should mention the fact that payment shall be made by B.

 

Further, there must be some documentary evidence to prove the transaction. It could be done through a tripartite agreement.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Hi,

1. If A and B both are related parties then it would not be a problem to justify the transaction. If both the parties are independent then it would be difficult to justify that all the conditions for export of services have been fulfilled.  

 

2. FIRC is available in all cases where foreign exchange is received in India.

 

3. If possible that is the ideal approach.

 

I am based in New Delhi. You can contact me by text me at aroravivek1982@gmail

 

Vivek Kumar Arora
CA, Delhi
4848 Answers
1044 Consultations

5.0 on 5.0

Hello,

 

1. Yes, it would be considered as Export of Services , i.e. Zero Rated under GST.

2. No.

3. You would be required to mention the same in your invoice.

 

I hope this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

Yes since you have provided service to a place outside India and you have received amount in foreign currency so you are eligible as all the conditions to declare this as export of service is fulfilled.

I don't think so.

No. You just need to link that such payment was made for this service. Because its a normal scenario where many times service is received by one branch and payment is done by another branch.

 

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

Thank you.


This might create an issue in FEMA

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

Hi

1.Yes, This will be considered as export of Services. 

2. No, there will be no issue

3.It is better if you mention in invoice that payment will be done by B.

 

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

Dear Sir,

 

Hope you are doing well !!

 

1. Yes, you are still eligible for zero rated GST.

 

2.No.

 

3.Yes.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

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