Clarification on Tax Obligations for Domain Selling Business
Subject: Clarification on Tax Obligations for Domain Selling Business
Dear Sir,
I hope this email finds you well. I am currently engaged in a domain-selling business and would like your expert guidance on the tax implications associated with my business model. The business involves the following two scenarios:
Purchasing (registering) a new domain
Acquiring a high-quality, pre-registered domain at a higher price from international platforms
This process requires substantial analysis and investment in premium software and tools to determine domain value. After purchasing a domain, I engage in the following activities:
Curating the domain: Removing any spammy history.
SEO enhancement: Making the domain SEO-friendly, which is often a challenging task that may involve significant outsourcing costs. This step is skipped if I find an instant buyer.
From my understanding:
Domain registration is subject to 18% GST in India.
The international sale of domains is treated as export of services and may qualify for GST exemption, provided the necessary conditions are met.
I seek your clarification on the following two scenarios:
1. Establishing a Company
If I decide to register a company and operate the domain-selling business as a regular business, what taxes will I be obligated to pay, in addition to corporate tax? Specifically, I would like to understand:
The GST obligations for domain registration and sales (both domestic and international).
Any input tax credits that I can claim, especially on domain registration and SEO enhancement costs.
Any other compliance requirements, such as filing returns or audits.
2. Operating as an Individual
If I continue to operate as an individual, what taxes will I be liable to pay? In this case, I would like clarification on:
Income tax: Specifically, under the presumptive taxation scheme, would I qualify for Section 44ADA as a freelancer?
GST obligations: Do my international domain sales qualify for zero-rated GST under Section 16 of the Integrated Goods and Services Tax (IGST) Act, 2017?
Input tax credits: Can I claim credits on expenses like domain registration and SEO services if I operate as an individual?
Additionally, I would appreciate any insights on whether I qualify as a freelancer under Section 44ADA, given that my business primarily involves online services, domain registration, and SEO enhancements. Furthermore, I would like to confirm if my domain sales should be treated as an export of services under the IGST Act, which would allow me to apply for GST exemption.
Given the fragmented and unreliable information available on forums and online platforms, your clarification on these points will help me ensure full compliance with Indian tax laws. I look forward to your guidance and any additional insights you may have regarding other related queries for utmost clarity.