Youtubers or bloggers don't need to register themselves if their
aggregate turnover is less than the prescribed limit which is 20 lacs
for normal state and 10 lacs for special category states that are
Arunachal Pradesh, Himachal Pradesh, Uttarakhand, Sikkim, Tripura,
Nagaland, Manipur, Assam, Mizoram and Meghalaya though they are
providing Interstate services (export classify as interstate
supply) and
it is interesting to note that this exemption is not applicable to
person who makes interstate supply of goods but is applicable to
interstate supply of services.
The aggregate turnover includes the value of exported goods and services, exempted goods and service and interstate supplies.
What if turnover exceeds 20 Lacs or 10 Lacs as may be the case?
Then
the youtuber has to register himself under the GST Act and follow the
compliances. The youtuber or the blogger will have two options-
- Option 1: Export of service (to Adsense) by charging by charging IGST @18% and then claiming refund
- Option 2: Export of service (to Adsense) without charging and furnishing Letter of Undertaking (LUT)
Option 1: A
doubt may be arising that if supply is zero-rated then how can youtuber
charge tax. Gst law is bit different and by this the Government ensures
that this is the genuine export case. It is pertinent to note
youtuber/blogger/ OIDAR service provider cannot charge GST from
recipient as recipient is outside India but service provider himself
have to assess the liability and deposit it with the government and when
he receives the consideration that is Convertible Foreign Exchange then
he may claim the refund by filling RFD 01 which is available on the
common portal and other necessary formalities like submitting certain
documents with the jurisdictional GST officer. The necessary condition
for claiming refund should be that consideration should be received
within one year from the date of the provision of service. The proof of
realization like FIRC copies is required.
Option 2: Claiming
refund is really a cumbersome process in the present indirect tax
regime. Besides this fund is also blocked. So the Government has
provided us with another method in which exporter can export
goods/services without payment of IGST and simply furnishing Letter of
Undertaking (LUT). LUT is basically an undertaking whereby the exporter
undertakes that he is supplying goods/ service without payment of IGST
and if he fails to bring foreign exchange consideration within a
stipulated time then he shall be liable to pay IGST along with
applicable interest. LUT is a self- declaration form which is available
on the common portal.
Other Compliance: It
is necessary to note that registration comes with compliances. Once
registered, can't escape from the compliances. Gst Invoice is required
to be raised though the adsense may not require it. Invoice should
mention the invoice no, date, the value of service and other required
details. It will help in filing returns. Youtuber/ Blogger will also
have to file GSTR 1, GSTR 3B and Annual return.
What if the youtuber/blogger provides service inside India?
It
is a bit difficult to understand the Google agreement as Google has
several entities located n different countries. There may be the case
when the recipient is Google India Pvt Ltd because in the act it is the
specified person providing OIDAR service from outside India need to
compulsory take GST registration so in this case place of supply shall
be India and not outside India. Youtuber/ blogger also earns through
direct advertisement and affiliate marketing to persons located in
India. Then it will be the case of normal supply and not exports though
the consideration may be received in convertible foreign exchange. The
service provider will have to charge CGST & SGST @9% each if service
recipient is in the same state otherwise IGST @18% if he is registered.
Exemption limit is same as above i.e. if aggregate turnover less than
the threshold limit then no need to register under GST Act.
Compliance: The
compliance is also same like raising the invoice, filing GSTR 1, GSTR
3B, annual return and other compliance. GST mechanism on other incomes
earned by youtuber/blogger is the same be it Adsense income, affiliate
marketing, direct advertisement, etc
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