Top 10 FAQs on Applicability of the Goods & Services Tax (GST) on Foreign Individuals in India: Best FDI Attorney Legal Advice in India

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1.???As per the Indian tax regime are foreign individuals liable to pay Goods and Services Tax (GST) in India?

Answer: Yes, foreign individuals can be liable to pay GST in India depending on their business activities and transactions in the country.

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2.???What determines the applicability of GST on foreign individuals in India?

Answer: The applicability of GST on foreign individuals is determined by their involvement in taxable supplies of goods or services in India. If a foreign individual is engaged in such supplies, they may need to register for GST and comply with the related obligations.

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3.???What is the threshold for GST registration for foreign individuals in India?

Answer: The GST threshold for registration is the same for both Indian residents and foreign individuals. This varies between Rs. 10,00,000/- and Rs. 20,00,000/- depending upon the State in India where GST registration is applied for.

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4.???Can foreign individuals claim a GST refund in India?

Answer: Yes, foreign individuals may be eligible to claim a GST refund in India if they have paid GST on purchases or expenses incurred during their business activities. The refund process and eligibility criteria are governed by the GST laws and regulations.

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5.???Do foreign individuals need to obtain a GST registration number in India?

Answer: If a foreign individual is engaged in taxable supplies in India, they are required to obtain a GST registration number. Registration is necessary to collect and remit GST on their transactions.

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6.???Are there any specific compliance requirements for foreign individuals under GST in India?

Answer: Foreign individuals are required to keep all the books of accounting and/or accounts books which shall clearly demonstrate inflow and outflow of money.

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7.???Are there any exemptions or special provisions for foreign individuals under GST in India?

Answer: There are certain exemptions and provisions under GST that may be applicable to foreign individuals. These exemptions could be based on the nature of their business activities or specific provisions provided by the Indian government.

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8.???Are foreign individuals liable to pay Integrated GST (IGST) in India?

Answer: Foreign individuals engaged in the import of goods or services into India are generally liable to pay Integrated GST (IGST). IGST is a component of GST that is levied on inter-state transactions and imports.

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9.???How can foreign individuals obtain GST registration in India?

Answer: Foreign individuals can obtain GST registration in India by submitting thei requisite documents as prescribed by the GST Council of India.

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10. What are the consequences of non-compliance with GST obligations for foreign individuals in India?

Answer: Non-compliance with GST obligations attracts both civil as well as criminal liabilities. It is important for foreign individuals to understand and fulfil their GST obligations to avoid any legal issues or financial implications.

Authored by: Adv. Anant Sharma

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