[responsive_menu_pro]

India: DGGI increases GST scrutiny of foreign digital service providers

Spread the love

India’s tax authorities are intensifying enforcement measures targeting foreign digital service providers that offer online services to Indian users without registering under the Goods and Services Tax (GST) system. The Directorate General of GST Intelligence (DGGI) is focusing on non-compliant entities under the expanded Online Information Database Access and Retrieval (OIDAR) rules introduced in October 2023.

 

Broader scope triggers compliance push

The revised OIDAR definition now covers a wide array of digital services delivered from outside India, including those related to virtual currencies, cloud computing, artificial intelligence, online content, advertising, and education. In light of these changes, the DGGI has identified several unregistered platforms that continue to serve Indian customers while avoiding GST obligations.

 

Enforcement actions underway

 

  • The DGGI has initiated outreach to overseas digital service providers and their associated Indian entities by issuing formal communications, including notices and guidance letters.
  • Domestic businesses that generate revenue for or cooperate with overseas platforms are being asked to provide relevant transaction details and support GST compliance efforts.
  • Payment service providers in India have been directed to suspend transactions involving unregistered foreign entities.
  • Authorities are also collecting financial data from banks and the central bank, and pursuing international cooperation through information-sharing arrangements.

 

Legislative developments and tax growth

Although current GST laws do not grant power to block access to non-compliant websites, the DGGI has sought new legislative authority to enable such enforcement tools.

Following the expansion of OIDAR provisions, GST collections from overseas digital services increased significantly—from ₹80 crore in 2017–18 to ₹2,675 crore in 2023–24. Experts attribute this growth to the removal of previous exclusions concerning human involvement and non-commercial use.

 

Registrations and ongoing investigations

To date, several hundred foreign companies have voluntarily registered under India’s OIDAR framework. Investigations into suspected non-compliance are ongoing, with some involving substantial tax demands currently under judicial review.

 

 

 

Follow us on LinkedIn to keep up with the latest VAT news

VAT/GST rates 2024 in Asia

Country Standard VAT/GST Rate Reduced Rates
Armenia The standard VAT rate is 20%.
Azerbaijan The standard VAT rate is 18%.
Bahrain From January 1, 2022, the standard VAT rate is 10%.
Bangladesh The standard VAT rate is 15%. 10%, 7.5%, 5%, 2,4%, 2%
Brunei There is no VAT in Brunei.
China The standard VAT rate is 13%, 9%, 6% Reduced rates of 5%, 2%, 3%, 1.5% and 0.5%.
UAE VAT is charged at 5% in the United Arab Emirates (UAE)
Georgia The standard VAT rate is 18%
Hong Kong There is no VAT or sales tax in Hong Kong.
India The primary rates of Indian GST are 0.25%, 1.5%, 3%, 5%, 12%, 18% and 28%
Indonesia The standard VAT rate is 11%
Iraq There is no VAT in Iraq. (The standard sales tax ranges from 10% to 300% on alcohol & tobacco)
Israel The standard VAT rate is 17%
Japan The standard (Consumption Tax) rate is 10% 8%
Kazakhstan The standard rate of VAT is 12%
South Korea The standard VAT rate is 10%
Kuwait There is no VAT in Kuwait
Laos The standard VAT rate is 10%
Lebanon The standard VAT rate is 11%
Malaysia On September 1, 2018, the Government of Malaysia replaced the Goods and Services Tax (GST) with a 10% Sales Tax (The standard rate of service tax is 8%) 5% (Sales Tax), 6%
Oman the standard VAT rate in Oman is 5%
Pakistan Pakistan does not have VAT. The standard sales tax rate is 18% Pakistan has a large number of reduced sales tax rates, including 1%, 2%, 5%, 10% and 12% (among others).
Philippines The standard VAT rate is 12%
Qatar There is no VAT in Qatar
Russia The standard VAT rate is 20% 10%
Saudi Arabia VAT is charged at 15%
Singapore The standard Goods and Services Tax (GST) rate is 9%
Sri Lanka The standard VAT rate is 18%
Taiwan The standard VAT rate is 5%
Tajikistan The standard VAT rate is 14% 10%, 7%, 5%
Thailand The standard VAT rate is 7% (Reduced from the standard 10% until 30 September 2024)
Turkey The standard VAT rate is 20% 10%, 1%
Uzbekistan The standard VAT rate is 12%
Vietnam The standard VAT rate is 8% Reduced VAT rate is 5%
*These rates are only indicative. Please use at your own discretion. Last update: 26/08/2024

Join us!

Subscribe to our monthly newsletter

SUBSCRIBE TO GLOBAL VAT NEWSLETTER

Get the latest VAT information directly in your inbox and stay up to date with all VAT developments around the world.

You have Successfully Subscribed!