• Freelancer income from US

I am a freelancer / software developer operating as sole proprietor. My income comes from a client in US. Should I pay GST? What should I do to ensure GST compliance?
Asked 6 years ago in GST

Hi,

If total value of service provided whether in India or Out side India up to the 20 Lakh in a year then GST registration is not required.

This questions will be applicable to you ONLY IF you are required to registered under GST, If registration is not required then you are exempt for GST Payment.

Export of Services are taxable at ZERO rate if the payment are received in convertible foreign currency.

In GST -Export is treated as inter-sate supply and as per the section 24 of the CGST act 2017 ,persons making any inter-sate supply shall be required to be registered under GST irrespective of the turnover . 2) Export is zero rated supply in GST ,so you can either pay IGST and take refund or you can submit LUT /BOND for export of your service . LUT- you have to submit Letter of undertaking on GSTN portal online . you can also call to GSTN help desk .

But, if you receive money in Indian Currency then it will not be treated as export of services and hence you will need to Pay GST @ 18%.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi,

- You need to apply for GST and LUT. Also required to file GST returns.

Thanks

Vivek Kumar Arora
CA, Delhi
5008 Answers
1134 Consultations

Hi,

Your services are considered as export of services .

Apply for LUT and export services without payment of GST.

You need to file GST returns.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Hi,

Services rendered by you will be considered as export of services. You will need to apply for LUT and GST and file GST returns.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

No

Vivek Kumar Arora
CA, Delhi
5008 Answers
1134 Consultations

No, there will be no problem.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

I don't think you will have to pay any GST as still there is no proper provision for RCM in GST and your service will be considered as zero rated export.

Since your total service amount is above 20 lakh apply for GST number and file return by showing it as zero rate export and you are receiving money in rupee form even that is not a problem as you have all the documentation to prove it's your income from providing service outside India.

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
4303 Answers
101 Consultations

No problem.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Hi,

Firstly, you need to register in GST and take GST number.

In order to Calum the exemption from charging GST, you services should qualify as export of services. For which, you should receive money in foreign currency.

You should speak to your customer and ask him to deposit money directly into your account through sure transfer. Alternatively, you should check with transfer wire whether they can provide you FIRC.

if you have FIRC for each payment, you can export your services without payment of IGST, after obtaining LUT.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

This are revenue account transfers. Where you are doing your income-tax and GST compliances there is no issue as you are not evading any taxes.

You have to offer this income to income-tax in India and file tax returns to buy peace of mind

Jasmina Jain Shah
CA, Greater Mumbai
458 Answers
4 Consultations

There should be any problem.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA