• Compliance of GST for merchant trading - drop shipping

Dear Sir / Madam, 
This mail is regarding applicability of GST on Merchant Trade Transaction. 

We do not import or export any goods in India. It means the goods do not touch Indian territory but directly dispatched to third country. 

For better understanding we can say, if our supplier is based at Nepal and buyer is based at USA, than supplier will directly ship goods to USA. Means shipping directly from Nepal to USA. 

Nepal supplier will dispatch product through Nepal post and will send us invoice including shipping cost. 
After that we will transfer that amount to Nepal supplier. 
Balance amount will be my profit. 

I will receive payments through PayPal. 

What will be the compliance of drop shipping in GST ?

Regards 
Bipul 

Asked 6 years ago in GST

Hi Bipul

Where do you do this from? I mean where is the place of business?

Also, what is your turnover?

Answer the above for deciding GST applicability

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

Then, there is no requirement for GST payments or registration.

I assume you are not already registered under GST.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

Since, you have taken GST registration, you are liable to pay GST on your profit amount.

Your profit amount will be your commission and you need to pay 18% GST on your commission income (to be done reverse calculation).

Suppose your profit (commission) is 100, you pay GST of (100/118*18).

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

You can pay but do you receive any invoice from your vendor?

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

If you are registered, then charging GST is must.

What you are doing is also correct, but actually your income is chargeable as intermediary service I.e. Commission. GST@18% is chargeable without any refund.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

Yes in that case, you can pay GST on whole amount.

You will also need to pay GST in reverse charge on purchase cost. This GST will be claimed as ITC.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Further, your sales can be treated as export of goods and subject to the fulfillment of other conditions, you can get exemption from payment of GST on sale made by you.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Since you are not importing goods into India, there is no reverse charge liability. Moreover, reverse charge is suspended till March 2018.

As commission, it will be a service you would be providing. The profit amount would be your commission. And you need to pay 18% GST on the same. This will be your outward supplies.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

Are you charging GST from the customers?

How are you invoicing them?

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

OK..

So basically you have 2 options:

1. Cancel your GST registration since you don't require it now in light of the new amendments making traders below turnover of 20 lakhs exempt from GST.

2. Don't pay GST on reverse charge on purchases, it has been suspended till March 18. Don't charge it on sales, as it is out of scope of GST since goods have not moved into India. Charge 18% on the profit element and file GST returns showing commission service income.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

Hello Bipul,

1. Since you have applied for a GST registration, what you are doing is correct in order to safeguard yourself.

I assume that you are paying GST out of your own pocket rather than charge it to the USA based customer ?

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, FCA, LLB, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

I read with interest the clarifications given by other experts on this issue. While your queries are adequately addressed, I think you must keep in mind the following issues:

1) As your place of business is in India, your business operations constitute as business carried out from India. You import goods and export them but there is no physical movement of goods to India and out of India. Still the ownership on the goods exported by your supplier in Nepal vests with you. The ownership on such gets transferred to the actual end buyer only after you raise the invoice. However, in your case, most likely you will be raising invoice first and then place order on your Nepalese supplier.The transfer of ownership rights will be one of the critical points in determining the time and place of supply of goods.

In your case, you will be liable to pay GST on your turnover (if it exceeds Rs 20 Lakhs). However, as you are exporting, you will be entitled to get refund of GST. However you may continue with the present practice of levy of GST on your turnover but can you claim input credit on your purchases, as the Nepalese supplier is not required to charge GST on his sales but he may be charging taxes as applicable to him in Nepal.

B Vijaya Kumar
CA, Hyderabad
1001 Answers
124 Consultations

5.0 on 5.0

Yes, your Nepal supplier will raise invoice first and then you will raise he invoice.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

I think you may opt for composition scheme and pay 1% tax on your turnover, instead of charing GST

B Vijaya Kumar
CA, Hyderabad
1001 Answers
124 Consultations

5.0 on 5.0

Hello,

Since you are exporting all your goods then are you even paying/ charging GST.

I would suggest you, apply for a LUT (Letter of Undertaking) and pay NIL taxes on your Export sales and file NIL returns on a regular basis rather than unnecessarily paying taxes.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, FCA, LLB, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

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