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Service tax applicable for all services sold to Indians
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Service tax applicable for all services sold to Indians

leapswitchleapswitch Patron Provider, Veteran

Similar to EU, India has started service tax for all hosting services sold to Indian residents, regardless of the location of the company selling them or the server location. So a UK registered company, selling hosting to Indian clients on servers in USA, will need to register with Indian service tax department and charge 15% service tax.

Details - http://m.timesofindia.com/business/india-business/Now-15-service-tax-on-music-e-books-sold-on-foreign-portals/articleshow/55380234.cms

Thanked by 2Admiral_Awesome GCat
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Comments

  • trewqtrewq Administrator, Patron Provider
    edited November 2016

    If they work out a way to actually enforce this on international companies it'll just be easier to stop selling to Indian clients.

  • The Indian government has no jurisdiction outside of India. This is just hot air from politicians.

  • BlazingServersBlazingServers Member, Host Rep
    edited November 2016

    From TOI Page:

    But if the supplier is overseas, the tax doesn't apply if the recipient is an individual, government, local body or government agency based in India. Overseas suppliers incur the service tax only in respect of B2B transactions where the recipient is in India. Further, an exemption is available in such B2B transactions if the supply is related to information databases (such as a subscription for international tax journals).

    EDIT: IDK what's going on

  • leapswitchleapswitch Patron Provider, Veteran

    @BlazingServers said:
    From TOI Page:

    But if the supplier is overseas, the tax doesn't apply if the recipient is an individual, government, local body or government agency based in India. Overseas suppliers incur the service tax only in respect of B2B transactions where the recipient is in India. Further, an exemption is available in such B2B transactions if the supply is related to information databases (such as a subscription for international tax journals).

    EDIT: IDK what's going on

    This is the current rule.

    Thanked by 1BlazingServers
  • as if the discontinuation of currency bills was not enough for the govt. ?

  • I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

  • mailcheapmailcheap Member, Host Rep

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    Why would they? DO already charges 21% VAT to anyone w/ a billing address in EU.

    Thanked by 1vimalware
  • @mailcheap said:

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    Why would they? DO already charges 21% VAT to anyone w/ a billing address in EU.

    I honestly wasn't aware. Guess they'll do it here too.

  • leapswitchleapswitch Patron Provider, Veteran
    edited November 2016

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    They should already charge service tax to Indian clients in bangalore location as it is hosted in India. Currently a lot of companies are evading service tax like DO, resellerclub, Godaddy etc.

    Thanked by 1vimalware
  • DewlanceVPSDewlanceVPS Member, Patron Provider
    edited November 2016

    I think this rule is only applied If foreigner company open office in India. Company who do not have a office in India did not come under India service tax. This is only for company like DO/Godaddy who have a office/company in India.

  • BlazingServersBlazingServers Member, Host Rep

    @mehargags said:
    as if the discontinuation of currency bills was not enough for the govt. ?

    That's a completely different issue. And no, it wasn't enough. Civilians with no black money are absolutely no issues. Only those with black money are having serious troubles. Also, if someone flaunts a 500 or 1000 INR note for a 6 -15 INR ticket, he is bound to face inconvenience.

  • edited November 2016

    mailcheap said: DO already charges 21% VAT to anyone w/ a billing address in EU.

    Not 21%. For individuals, they charge the VAT, which is between 17% (Luxembourg) and 27% (Orbánisztán) depending on your country.

    Thanked by 1rds100
  • ClouviderClouvider Member, Patron Provider

    Difference wth the EU rules is that there actually are treaties to enforce it. I haven't heard anything about this one though.

  • @Clouvider said:
    Difference wth the EU rules is that there actually are treaties to enforce it. I haven't heard anything about this one though.

    ??? Name one that enforces this on US.

  • MikePTMikePT Moderator, Patron Provider, Veteran

    @leapswitch said:

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    They should already service tax to Indian clients in bangalore location as it is hosted in India. Currently a lot of companies are evading service tax like DO, resellerclub, Godaddy etc.

    Actually from what my accountant told me, when doing business, Portugal to anywhere else than EU, we simply don't charge VAT and the buyer will have to pay VAT his own to his country.

  • niknik Member, Host Rep
    edited November 2016

    @MrGeneral said:

    @leapswitch said:

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    They should already service tax to Indian clients in bangalore location as it is hosted in India. Currently a lot of companies are evading service tax like DO, resellerclub, Godaddy etc.

    Actually from what my accountant told me, when doing business, Portugal to anywhere else than EU, we simply don't charge VAT and the buyer will have to pay VAT his own to his country.

    This is not correct. It only applies if you are selling to other businesses, but for regular non-business customers you have to charge VAT. (like often the case with hosting plans)

  • @nik said:

    @MrGeneral said:

    @leapswitch said:

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    They should already service tax to Indian clients in bangalore location as it is hosted in India. Currently a lot of companies are evading service tax like DO, resellerclub, Godaddy etc.

    Actually from what my accountant told me, when doing business, Portugal to anywhere else than EU, we simply don't charge VAT and the buyer will have to pay VAT his own to his country.

    This is not correct. It only applies if you are selling to other businesses, but for regular non-business customers you have to charge VAT. (like often the case with hosting plans)

    Bullshit: http://europa.eu/youreurope/business/vat-customs/cross-border/index_en.htm

    Countries outside the EU
    Selling
    If you provide services to customers outside the EU, you normally do not charge VAT
    

    No differentiation between business and non-business customers.

  • MikePTMikePT Moderator, Patron Provider, Veteran

    nik said: This is not correct. It only applies if you are selling to other businesses, but for regular non-business customers you have to charge VAT. (like often the case with hosting plans)

    Forgot to specify that, you're right. B2B.

  • MikePTMikePT Moderator, Patron Provider, Veteran

    deadbeef said: No differentiation between business and non-business customers.

    Will have to discuss that.... It'd be full profit for us, but it's not..

  • deadbeefdeadbeef Member
    edited November 2016

    @MrGeneral said:

    deadbeef said: No differentiation between business and non-business customers.

    Will have to discuss that.... It'd be full profit for us, but it's not..

    I kinda doubt that the official EU site has outdated info ;)

  • mehargagsmehargags Member
    edited November 2016

    So that means any hosting company or managed service provider or a consultant reselling hosting services with "presence in India" will have to charge 15% Service Tax to any Company or Individual ?

    To the best I recall, there is a 10,00,000 INR (million) slab for service exemption for companies, if they cross it, then only they need to register for the service tax number. Any Company without a registered service TAX ID cannot charge tax from any entity

  • MikePTMikePT Moderator, Patron Provider, Veteran

    deadbeef said: I kinda doubt that the official EU site has outdated info ;)

    Agreed. When we pay for our corel draw license, we're not charged with VAT, but we need to pay it to the corresponding country. That's why I mentioned this.

  • @leapswitch said:

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    They should already charge service tax to Indian clients in bangalore location as it is hosted in India. Currently a lot of companies are evading service tax like DO, resellerclub, Godaddy etc.

    Watch out with that, Tax Evasion isn't something you should claim without proof... For instance, is DO a registered company in India ? If so, what's its main activity ?

    For example, let's presume DO is registered in India but it's main activity is just handling the datacenter for the mother company. They are two separated entities, DO India does not sell any services to Indians = no service tax, the main company does but it's located outside India = no service tax evasion.

  • hostingwizard_net said: Orbánisztán

    I LOLed :)

    Thanked by 1Clouvider
  • leapswitchleapswitch Patron Provider, Veteran

    @dotted said:

    @leapswitch said:

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    They should already charge service tax to Indian clients in bangalore location as it is hosted in India. Currently a lot of companies are evading service tax like DO, resellerclub, Godaddy etc.

    Watch out with that, Tax Evasion isn't something you should claim without proof... For instance, is DO a registered company in India ? If so, what's its main activity ?

    For example, let's presume DO is registered in India but it's main activity is just handling the datacenter for the mother company. They are two separated entities, DO India does not sell any services to Indians = no service tax, the main company does but it's located outside India = no service tax evasion.

    In India, the rule is Place of Provisions of Services. If the service is provisioned in India, customer is Indian, then service tax is to be charged. It doesn't matter where the company is registered.

    Now, it has changed to Any service provided anywhere in the world, to an Indian customer, service tax has to be charged.

    There is already an ongoing case against ResellerClub / PDR regarding regarding service tax.

    Thanked by 2GoatSeller vimalware
  • mailcheapmailcheap Member, Host Rep

    @MrGeneral said:

    @leapswitch said:

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    They should already service tax to Indian clients in bangalore location as it is hosted in India. Currently a lot of companies are evading service tax like DO, resellerclub, Godaddy etc.

    Actually from what my accountant told me, when doing business, Portugal to anywhere else than EU, we simply don't charge VAT and the buyer will have to pay VAT his own to his country.

    This is a tricky one; to be fully compliant with EU regulations we went a slightly different route by making Cyberlabs s.r.o. export only.

    Thanked by 1MikePT
  • Everyone was already moaning when VAT for ESS was introduced in 2015.
    If the trend goes to every country creating their own version of VAT we will have quite some fun in the years to come.

  • Tion said: If the trend goes to every country creating their own version of VAT

    Almost every country (193) is already charging VAT, the remaining can be seen as charing a 0% rate. 90% of the US states is also charging it. And it's the same everywhere: a percentage of the final price.

    Tion said: we will have quite some fun in the years to come.

    Technically it could be quite easy: you just need a table with the location, the rate and the IBAN where to send the money.

    Anyway this is a good trend and the only way to keep the advantages of the free trade while reducing the associated disadvantages (IMHO).

  • niknik Member, Host Rep

    @deadbeef said:

    @nik said:

    @MrGeneral said:

    @leapswitch said:

    @vimalware said:
    I wonder if DigitalOcean will eat the 15% loss or tack it on the Bangalore instance bill.

    They should already service tax to Indian clients in bangalore location as it is hosted in India. Currently a lot of companies are evading service tax like DO, resellerclub, Godaddy etc.

    Actually from what my accountant told me, when doing business, Portugal to anywhere else than EU, we simply don't charge VAT and the buyer will have to pay VAT his own to his country.

    This is not correct. It only applies if you are selling to other businesses, but for regular non-business customers you have to charge VAT. (like often the case with hosting plans)

    Bullshit: http://europa.eu/youreurope/business/vat-customs/cross-border/index_en.htm

    Countries outside the EU
    Selling
    If you provide services to customers outside the EU, you normally do not charge VAT
    

    No differentiation between business and non-business customers.

    The site you linked states exactly what I wrote. But I will quote the website:

    Countries within the EU:
    Selling to businesses: "If you sell goods to another business and these goods are sent to another EU country, you do not charge VAT - if the customer has a valid VAT number."
    So B2B you charge no VAT.

    Selling to consumers: "If you sell goods and send them to consumers in another EU country, you need to register there and charge VAT at the rate applicable in that country"
    So B2C you charge VAT.

    We never talked about customers outside of the EU.

  • rm_rm_ IPv6 Advocate, Veteran

    if someone flaunts a 500 or 1000 INR note

    You say that as if that's something breath-takingly unexpected, but to put things in perspective, 1000 INR is only $14.8, and quite obviously 500 INR is $7.4. Dunno maybe indians are still really poor en masse and that's a months' worth of wage or something, but can you imagine if USA decommissioned all $20, $50 and $100 notes to "fight corruption"?

    As for the actual topic, we have something similar: https://themoscowtimes.com/articles/russia-state-duma-passes-google-tax-law-53310
    Nobody expects any company selling hosting/etc to actually bother, large fish such as Google may have to, but for anybody else they won't have means to track and enforce this, and no reason to comply unless you have actual business in the country itself as well.

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