In recent years, the rise of the digital economy and technological advancements has given birth to a global marketplace for freelance services. Indian freelancers, armed with their skills and expertise, are capitalizing on this trend by offering services to clients from across the world.
Anybody who has skills or know-how that can be delivered in any form through technology, can provide services to clients globally & earn money. There are many popular platforms like Fiverr, Upwork etc. where providers & receivers can communicate their offerings & requirements.
While the opportunities are abundant, it’s crucial for freelancers to understand the tax implications associated with their cross-border ventures.
Since there is an exchange of services for consideration, there will sure be tax implications on such transactions. This article focusses impact of GST & Income tax, primarily on those services which are provided by Indian freelancers to foreign clients.
Page Contents
A. What are the registration requirements?
GST registration: Depending on the annual turnover, there will be the requirement to register under GST. If annual aggregate turnover (i.e., simply speaking, all turnover combined – to Indian & foreign clients) is more than Rs 20 lakhs, you will be required to get the GST registration. However, you can also take GST registration voluntarily.
MSME registration: You might also register yourself as MSME voluntarily. This is a one-time registration & does not require any regular compliance, which makes it a good registration to have. However, it is not compulsory to do this registration.
I. Will GST be charged to the clients?
If you are GST registered, you must charge GST to Indian clients. It will not be charged to foreign clients.
II. Is there a requirement to file GST returns?
Yes, GST return filing is compulsory if you are registered with GST.
III. Will I be eligible to claim Input tax credit?
Yes, you will be eligible to claim Input tax credit, subject to the provisions of GST act & rules.
IV. Where can I use the claimed Input tax credit?
Input tax credit can be used to dispose off the liabilities arising from provision of services to Indian clients. Alternatively, refund of Input tax credit can be claimed (for services provisioned to foreign clients)
V. Do I need to do any other formality to make the services to foreign clients as a GST registered person?
Yes, you need to file an annual Letter of Undertaking as a GST registered person.
B. What are the income tax implications?
Income tax is a significant consideration for freelancers, as it directly affects their earnings and profitability. Indian freelancers catering to foreign clients are subject to income tax regulations in India. As an Indian freelancer, you will be considered a resident as per Indian Income tax act and thus all your income from all the sources combined globally, will be taxable in India.
So, to be income tax compliant, you need to file the ITR, compute your income & pay the due tax.
Have a read on this article- Important aspects to know while you are filing your ITR
Further, some of your income might also be taxable in some other country as well, according to the income tax laws of the land of the consumers/clients you are providing services to.
So, does that mean you have to pay double tax on your income?
Not, if you know that there are Double taxation Avoidance Agreements between most of the countries, to rescue just the situation. It can safeguard your income from being taxed twice, by either providing you the exemption from Income tax in one country or by allowing the credit of taxes paid in another country.
Have a read on this article- How to claim taxes paid outside India?
C. Strategies for Freelancers
Maintain Proper Records: Maintaining accurate records of income, expenses, invoices, and receipts is essential. This documentation helps during tax assessments and ensures compliance with tax regulations.
Claim Deductions and Expenses: Freelancers can claim deductions for business-related expenses, such as internet costs, equipment, software, and home office expenses. These deductions help in reducing the taxable income.
Understand DTAA: Familiarize yourself with the DTAA agreements between India and the country where your client is located. These agreements can provide relief from double taxation and impact your tax liability.
Use Technology: Utilize accounting software and digital tools to track income, expenses, and tax-related information. These tools can simplify tax calculations and reporting.
Withholding Tax: When freelancers receive payments from foreign clients, the clients might be required to withhold a certain percentage of the payment as per Indian tax laws. This withholding tax can often be reduced under DTAA provisions.
Consult Professionals: Given the complexity of tax regulations, it’s advisable to consult tax professionals who specialize in international taxation. They can provide personalized guidance based on your specific situation.
Conclusion
For Indian freelancers venturing into the global marketplace, understanding the tax implications is paramount. Income tax considerations, including DTAA provisions, and the nuances of GST on cross-border transactions can impact profitability and compliance. By staying informed and adopting the right strategies, freelancers can navigate the tax landscape effectively while focusing on what they do best – delivering exceptional services to their foreign clients.
Disclaimer: The above post is only for the purpose of academic discussion and should not be construed as any legal opinion in any matter whatsoever.
The author is a CA in practice at Delhi and can be contacted at: E-mail: abhinandansethia90@gmail.com, Mobile: +91-9811741451
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