For service exporters, understanding the GST implications is crucial for compliance and maximizing working capital. This guide covers the complete framework for determining the place of supply, distinguishing zero-rated from exempt supplies, and creating compliant invoices for foreign clients.

Key Takeaways:

  • Default place of supply for most export services is the recipient's foreign location
  • Zero-rated exports require meeting four specific conditions under Section 2(6)
  • Export invoices must include mandatory endorsements and foreign currency details
  • LUT (Letter of Undertaking) allows exports without IGST payment while retaining ITC benefits
  • Proper documentation is essential for claiming GST refunds on exports

Determining Place of Supply Under Section 13

Place of Supply Decision Tree

graph TD A{Is either supplier or
recipient outside India?} -->|Yes| B{Is the service an
intermediary service?} A -->|No| C[Domestic Supply Rules Apply] B -->|Yes| D[Place of Supply:
Supplier Location] B -->|No| E{Does the service involve
online database access?} E -->|Yes| D E -->|No| F{Is service related to
event/immovable property?} F -->|Yes| G[Place of Supply:
Event/Property Location] F -->|No| H[Place of Supply:
Recipient Location] style H fill:#27ae60,stroke:#219653,color:#fff style C fill:#3498db,stroke:#2980b9,color:#fff style D fill:#3498db,stroke:#2980b9,color:#fff style G fill:#3498db,stroke:#2980b9,color:#fff

Figure 1: Follow this decision tree to determine the correct place of supply

Default Rule: Recipient Location

Section 13(2) of the IGST Act establishes that for cross-border services where either supplier or recipient is outside the country, the place of supply is the recipient's location. This applies to:

  • IT and software development services
  • Technical consulting and advisory
  • Business process outsourcing (BPO)
  • Architectural and engineering services
  • Legal and accounting services
  • Marketing and advertising services

Critical Exceptions to the Default Rule

Service Type Governing Section Place of Supply Practical Example
Intermediary services Section 13(8) Supplier's location Indian company arranging services between US client and European vendor
Online information/database access Section 13(12) Supplier's location Subscription-based research database accessed by foreign clients
Event organization services Section 13(9) Where event is held Conference management services for event in Singapore
Transportation of goods Section 13(3) Destination of goods Logistics services for shipment from Mumbai to Dubai
Services related to immovable property Section 13(4) Location of property Architectural services for building in UK

Special Considerations for IT/ITES Sector

Most IT/ITES services qualify under the default recipient location rule, except when:

  • Acting as an intermediary between two foreign parties
  • Providing pure database access services without customization
  • Offering services physically performed at client location abroad
  • Developing software for client's India-based operations

Important Note:

The place of supply determination directly impacts whether GST applies and at what rate. Misclassification can lead to incorrect tax treatment and potential penalties.

Zero-Rated vs. Exempt Supplies

Zero-Rated Export Qualification

graph TD A{Is supplier GST-registered
in India?} -->|Yes| B{Is recipient located
outside India?} A -->|No| C[Does Not Qualify] B -->|Yes| D{Is payment in
convertible forex?} B -->|No| C D -->|Yes| E{Will service not be
used in India?} D -->|No| C E -->|Yes| F[Qualifies as
Zero-Rated Export] E -->|No| C style C fill:#e74c3c,stroke:#c0392b,color:#fff style F fill:#27ae60,stroke:#219653,color:#fff

Figure 2: All four conditions must be met for zero-rated classification

Zero-Rated Exports (Section 2(6))

To qualify as zero-rated exports, services must satisfy all four conditions:

  1. Supplier Location: Service provider must be registered in India
  2. Recipient Location: Service consumer must be located outside India
  3. Payment Method: Consideration received in convertible foreign exchange within prescribed time limits
  4. Usage Restriction: Service must not be used in India (with limited exceptions for testing)

Practical Example: Software Development Export

Scenario: An Indian IT firm develops custom inventory management software for a US retail chain.

Transaction Details:

  • Contract value: $50,000 payable within 60 days of delivery
  • Software will be deployed exclusively in US stores
  • Indian company is GST-registered in Maharashtra

Analysis: This qualifies as zero-rated because:

  • Supplier is Indian-registered (Condition 1 satisfied)
  • Recipient is foreign-based (Condition 2 satisfied)
  • Payment in USD (convertible forex) within allowed period (Condition 3 satisfied)
  • Software not used in India (Condition 4 satisfied)

Exempt Supplies: What Doesn't Qualify

Services specifically exempted under GST (like healthcare or educational services) differ from zero-rated exports in key ways:

Feature Zero-Rated Exports Exempt Supplies
GST Rate 0% N/A
Input Tax Credit Available Not Available
Documentation Export invoices, LUT, forex proof required Regular domestic invoices
Refund Option Can claim refund of accumulated ITC No refund mechanism
Place of Supply Outside India Within India

Export Invoicing Requirements

Export Invoice Checklist

graph LR A[Supplier GSTIN & Details] --> B[Recipient Foreign Address] B --> C[Currency & Exchange Rate] C --> D[Correct SAC Code] D --> E[Zero-Rating Endorsement] E --> F[Valid Export Invoice] style F fill:#27ae60,stroke:#219653,color:#fff

Figure 3: Five essential elements for compliant export invoices

Mandatory Invoice Fields (Rule 46)

Supplier Information

  • Complete legal name
  • Registered address
  • GSTIN

Service Details

  • Service Accounting Code (SAC)
  • Detailed description
  • Period of service (if applicable)

Recipient Information

  • Foreign client's legal name
  • Complete overseas address
  • Tax identification (if applicable)

Financial Details

  • Amount in foreign currency
  • INR equivalent
  • Exchange rate used

Zero-Rating Endorsement Options

One of these exact statements must appear prominently on the invoice:

1. "Supply meant for export on payment of IGST under Section 16(3) of the IGST Act, 2017"
2. "Supply meant for export under Letter of Undertaking without payment of IGST under Section 16(3)(a) of the IGST Act, 2017"

Best Practices for Export Documentation

E-Invoicing for Export Services

When turnover exceeds ₹5 crore (FY 2024-25 threshold), export invoices must be reported to the Invoice Registration Portal (IRP). Key considerations:

  • Foreign currency invoices still require IRN generation before issuance
  • IRN must be obtained within 24 hours of invoice date (not issuance)
  • QR code must appear on the invoice copy shared with foreign client
  • Common errors to avoid:
    • Incorrect supply type classification (B2B vs B2C)
    • Mismatch between invoice date and IRN generation date
    • Omitting required fields in JSON payload

Strategic Recommendations

  1. Documentation System:
    • Create standardized templates for export contracts, invoices, and LUT filings
    • Implement version control for all export documentation
  2. Monthly Reconciliation:
    • Match GSTR-1 with bank forex receipts
    • Verify invoice registers against GST returns
    • Track foreign exchange realization deadlines
  3. Refund Tracking:
    • Monitor IGST refund status through GST portal
    • Set up alerts for refund sanction/rejection
    • Maintain refund application documentation
  4. Compliance Calendar:
    • LUT renewals (annual before April 1)
    • GSTR-3B and GSTR-1 filing dates
    • Annual return deadlines
    • Foreign exchange realization tracking

Need to create GST-compliant invoices? Try our free online invoice generator with all required GST fields at https://invoicessy.com/