Import of Services Under GST: Rules, Rates, and ITC

Import of Services Under GST: Rules, Rates, and ITC

Import of services under GST attracts IGST, usually at 18%, paid by the Indian recipient under reverse charge. Learn the rules, exemptions, rates, and ITC.

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Reverse Charge Mechanism Under GST
 

Reverse Charge Mechanism Under GST

  • In summary


    Import of services under GST means receiving a service from a supplier outside India when the recipient and place of supply meet the conditions under the IGST Act.


    • The three core conditions are an overseas supplier, an Indian recipient, and a place of supply in India, subject to the statutory rules and exceptions.
    • IGST applies to taxable imported services. The applicable rate depends on the service classification; 18% is common, but specified services may attract other rates or exemptions.
    • For notified categories, the Indian recipient pays IGST under the reverse charge mechanism (RCM), rather than the overseas supplier.
    • A GST-registered business may claim eligible ITC after paying the RCM tax, subject to business-use, documentation, and blocked-credit conditions.
    • Certain services, including specified services to eligible international organisations and diplomatic missions, may be exempt under the applicable notification.

    Correct classification, time-of-supply checks, and timely payment help you manage cross-border service costs and maintain GST compliance.

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What is the import of services under GST?

  • Section 2(11) of the Integrated Goods and Services Tax (IGST) Act, 2017 defines an import of services through three conditions: the supplier is located outside India, the recipient is located in India, and the place of supply is in India. The reverse charge mechanism determines who pays tax in notified cases. The GST payable is IGST, because the transaction is an inter-State supply under the applicable provisions. The place of supply must be determined under the IGST Act, including Section 13 for cross-border services.


    ConditionRequirementExample
    Supplier locationSupplier is outside IndiaA US-based software provider
    Recipient locationRecipient is in IndiaAn Indian technology company
    Place of supplyPlace of supply is in India under the IGST ActA service whose place of supply is the Indian recipient’s location, where the general rule applies

    The consideration requirement and related-party exceptions must also be checked under the IGST and CGST Acts; the three-location test alone does not settle every case.

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Why does import of services under GST matter for your business?

  • Import of services under GST affects your landed service cost and your compliance responsibilities. GST on import of services can create an additional cash-flow requirement because you may need to pay IGST under RCM before claiming eligible ITC. Correct classification also helps you apply the right rate and avoid short payment. If you do not discharge the liability on time, interest and other consequences may apply under the GST law. The default rate for many services is 18%, but it is not a universal rate for every imported service.

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Is reverse charge on imported services applicable to your business?

Import of services under GST RCM generally applies when a service is imported by a person in India and the supply falls within a category notified for reverse charge. The nature of the recipient, service, and transaction must be checked before deciding who pays.


Business or recipient typeReverse charge mechanism GSTAction to consider
GST-registered business importing a notified serviceGenerally yesDetermine the place of supply and rate, pay IGST, report it correctly, and assess ITC eligibility.
Individual importing a service for personal useNot automatically liable under the general import-service RCM entry; OIDAR rules may applyCheck whether the service is OIDAR and whether the overseas supplier must collect GST.
Business receiving services from a related overseas entity or its own establishmentMay be treated as a supply even without consideration, subject to statutory conditions and applicable RCM entryReview Schedule I, valuation rules, registration, and RCM treatment.

A person required to pay tax under RCM may have to obtain GST registration irrespective of the usual turnover threshold, subject to the specific statutory exemptions and exceptions. Check your facts before relying on the general threshold.

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How to determine if a service qualifies as an import under GST

To determine whether a transaction is an import of services under GST, review the supplier, recipient, place of supply, and consideration or related-party status.


  • Supplier location: confirm that the service provider is located outside India.
  • Recipient location: establish that the recipient is located in India.
  • Place of supply: apply the relevant rule under Section 13 of the IGST Act. The recipient-location rule applies to many services, but several exceptions exist.
  • Consideration and relationship: check whether payment is involved. Services between related persons or establishments in the course or furtherance of business may be treated as supplies even without consideration under Schedule I of the CGST Act.

StepWhat to checkIndicator
1. SupplierIs the supplier outside India?Yes: first import condition may be met.
2. RecipientIs the recipient in India?Yes: second condition may be met.
3. Place of supplyIs the place of supply in India under Section 13?Yes: third condition may be met.
4. Consideration and purposeIs consideration paid, or does a Schedule I exception apply?Check the statutory treatment; do not assume all unpaid services are outside GST.

Once you establish the taxability of the transaction, determine whether reverse charge applies to your category of service and whether any exemption is available.

Who is liable to pay GST on imported services?

Under import of services under GST RCM, the Indian recipient—not the foreign supplier—is liable to pay IGST when the service is covered by a reverse-charge notification. The recipient must register for GST where registration is required, discharge the tax liability, and report it in the relevant return. After payment, a registered recipient may claim eligible input tax credit subject to the conditions in the CGST Act.


Example: an Indian agency subscribing to an overseas analytics platform for business use should examine the service classification, place of supply, and applicable RCM entry. If RCM applies, the Indian agency pays the IGST; it does not simply pass the tax obligation to the foreign vendor.

Which imported services are exempt from GST?

Some import of services GST exemptions apply to specified recipients or uses under the applicable notifications. Exemption is not automatic merely because the recipient is an individual or the supplier is overseas.


Exempt categoryReferenceKey condition
Specified services received by the United Nations or notified international organisationsNotification No. 9/2017-Integrated Tax (Rate), as amendedThe recipient and service must meet the notification’s conditions and official-use requirements.
Specified services received by a foreign diplomatic mission or consular post in IndiaNotification No. 9/2017-Integrated Tax (Rate), as amendedThe exemption is subject to the eligible recipient, service, and conditions in the notification.
Services for personal useDepends on the nature of service and applicable charging/RCM provisionsDo not treat all personal-use imports as automatically exempt; OIDAR supplied to non-taxable online recipients is subject to a separate mechanism.

For OIDAR services supplied by a foreign provider to a non-taxable online recipient in India, the overseas supplier may be responsible for registration and payment. Check the specific exemption notification and OIDAR provisions before treating an imported service as exempt.

GST rates and HSN codes for imported services

GST rates for imported services commonly include 5%, 12%, 18%, and 28%, depending on the service. The applicable GST rates are determined by the service classification, generally using a Service Accounting Code (SAC), rather than an HSN code used for goods. The HSN codes and GST law should be read with the applicable rate notifications and GST structure.


Service typeIndicative SACIndicative GST rateKey condition
IT and software services99831418%Confirm the exact service description and classification.
Legal and consulting services99821218%Rate depends on the precise service and applicable entry.
Online information and database access or retrieval (OIDAR)99843918%Special registration and collection rules may apply.
Educational services9992 seriesExempt or a specified rateExemption or concessional treatment depends on the provider, recipient, and nature of service.
Transport of goods by vesselRelevant transport SAC; verify classificationRate depends on the applicable entry and recipient conditionsDo not apply a rate based only on a broad service label.

These are indicative examples, not a substitute for checking the current rate notification and exact SAC classification. For imported services, IGST is the tax charged; the service’s classification determines the rate.

GST on OIDAR services

Online Information and Database Access or Retrieval (OIDAR) services are digitally delivered services that rely on the internet or an electronic network and are essentially automated, with minimal human intervention. Examples may include online subscriptions, cloud storage, and software access. Where the Indian recipient is registered and the transaction is covered by RCM, the recipient generally pays IGST. Where the recipient is a non-taxable online recipient, the overseas OIDAR supplier is generally responsible for registration and payment in India under the special rules. The import of services under GST must therefore be assessed separately for OIDAR transactions.

Can you claim ITC on imported services under GST?

Yes. You may claim ITC on IGST paid under import of services under GST RCM if you meet the applicable conditions:


  • You are registered under GST and the service is used or intended to be used in the course or furtherance of business.
  • You have paid the IGST liability under RCM in cash and hold the required records and supporting documents.
  • The credit is claimed in the appropriate tax period after payment and is otherwise eligible under the CGST Act.
  • The service does not fall within blocked-credit provisions under Section 17(5), and the credit is not restricted by other rules.

Where a service is used partly for business and partly for non-business purposes, credit may need to be apportioned. Personal consumption and other blocked-credit categories cannot be claimed merely because IGST was paid.

Import of services by related entities or branches outside India

Import of services under GST can arise when an Indian business receives services from a related entity or its own establishment outside India, even if no payment is made, where the transaction is in the course or furtherance of business. Schedule I, paragraph 4 of the CGST Act treats specified supplies between related persons or distinct persons as supplies even without consideration. The transaction must be valued under the applicable rules, and the recipient should examine the RCM entry and registration requirements before reporting it.

What happens if you skip GST on imported services?

If you fail to pay IGST due under reverse charge mechanism GST, the tax may be recovered with interest and applicable penalties. The exact consequence depends on the financial year, whether the case involves fraud or suppression, and the provisions then in force.


ConsequenceRelevant provisionPotential impact
Interest on delayed paymentSection 50 of the CGST ActInterest is generally 18% per annum on the delayed tax, calculated as prescribed.
Tax short-paid or unpaid without fraudDemand provisions applicable to the relevant tax periodTax, interest, and penalty may be payable; the amount depends on the applicable provision and facts.
Fraud, wilful misstatement, or suppressionDemand and penalty provisions applicable to the relevant tax periodHigher penalties and, in qualifying cases, prosecution provisions may apply.

If an unexpected tax demand or delayed payment puts pressure on your working capital, review your cash flow and available funding options rather than postponing a statutory payment. A business loan may help meet eligible operating expenses and preserve liquidity, subject to approval. You can check your business loan eligibility with Bajaj Finance before deciding whether borrowing is appropriate. A loan does not remove or defer your GST liability.

Should you import services or hire a local provider?

Whether you should import services under GST or hire a local provider depends on expertise, total cost, contractual risk, and the compliance work you can manage. Compare the full commercial picture rather than treating GST alone as the deciding factor.


FactorImporting servicesHiring locallyWhat to weigh
GST and cash flowIGST may be payable under RCM; eligible ITC may be available after payment.Supplier generally charges GST on the invoice, subject to the applicable rate.Import may create an upfront cash-flow requirement even where ITC is eligible.
ComplianceYou may need to self-assess, pay RCM tax, and report it in returns.Invoice-based domestic compliance is generally more familiar.Imports may require additional tax and documentation checks.
ExpertiseAccess to international specialists and niche capabilities.Access to providers in the domestic market.Choose based on quality, capability, and service levels.
Currency exposureForeign-currency invoices may create exchange-rate risk.Usually invoiced in INR.Factor currency movements into the total cost.
Contractual complexityCross-border contracts, governing law, and potential permanent-establishment questions may need review.Domestic contracts may be simpler to administer.Consider legal, data, and operational risks.

If importing a specialist service supports your business plans, assess the full cost, including IGST cash flow, currency exposure, and contractual obligations. For broader working-capital needs, you can check your pre-approved business loan offer with Bajaj Finance to review whether an offer is available and understand its amount, pricing, and repayment terms before making a borrowing decision.

Check your pre-approved business loan offer

Use a Bajaj Finance Business Loan to manage your GST obligations

Bajaj Finance offers a business loan that eligible businesses may consider for working-capital needs, including managing cash-flow gaps around GST payments under RCM. The loan amount, approval, and disbursal depend on your business profile and lender assessment.


  • Loan amount: up to Rs. 80 lakh, subject to eligibility and approval.
  • Disbursal: funds may be disbursed in as little as 48 hours of approval, subject to completion of checks.
  • Interest rate: the range is 14%–23.50% per annum; review the applicable offer and business loan interest rate details.
  • Application: the application process is online; approval and disbursal remain subject to verification.

A business loan is a borrowing commitment, not a substitute for GST compliance. Compare the total borrowing cost, fees, repayment schedule, and your ability to repay before using credit to meet tax or working-capital requirements.

Applicable fees and charges on our business loan

Frequently asked questions

Overview

Is the import of services taxable under GST?

Yes. A taxable import of services generally attracts IGST in India. Where the service falls under a notified reverse-charge category, the Indian recipient pays the tax rather than the overseas supplier. The supplier’s location, recipient’s location, place of supply, and any applicable exemption must be checked.

What is the import of services under GST reverse charge mechanism (RCM)?

Under import of services under GST RCM, the Indian recipient pays IGST when the service is covered by the applicable reverse-charge notification. The recipient must determine the place of supply, classify the service, calculate the tax, and report the liability in the relevant GST return.

What is the time of supply for imported services under GST?

For services taxable under RCM, the time of supply is generally the earlier of the date of payment or the date immediately following 60 days from the supplier’s invoice. If the time of supply cannot be determined using these rules, the recipient’s book-entry date may apply. Check the specific statutory rule for your transaction.

How are imported goods and services taxed differently under GST?

Imported goods generally attract IGST at the customs stage, along with applicable customs duties, calculated under the customs valuation rules. Imported services are taxed under the IGST Act based on the place-of-supply and import-of-service rules; where RCM applies, the Indian recipient pays IGST.

Is ITC available on import of services under GST?

Yes, ITC may be available on IGST paid under RCM if the recipient is GST-registered, the service is used for business, the tax has been paid, and the credit is not blocked under Section 17(5) or restricted by another provision. Mixed use may require apportionment.

What is the GST rate for imported services?

There is no single rate for every imported service. Many services attract 18% IGST, while specified services may attract 5%, 12%, or 28%, or qualify for exemption. Confirm the SAC and the current rate notification for the exact service.

Do I need to register for GST to import services?

If you are liable to pay GST under RCM, registration may be mandatory irrespective of the usual turnover threshold, subject to statutory exceptions. Check the applicable registration provisions and your transaction facts before proceeding.

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Disclaimer

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