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GST & Indirect

Your company paid a foreign lawyer or consultant. GST didn't disappear, it just moved to you

No GST on the invoice from a service bought abroad doesn't mean no GST is owed. Under reverse charge, your company owes it, and the obligation is invisible until someone goes looking for it.

Your Indian company pays for a service from someone outside India, a US lawyer reviewing a SAFE, a UK marketing consultant, an overseas technical advisor. The invoice arrives with no GST on it, because the vendor isn't in India's GST system at all. It's easy to read that as "no GST here," close the invoice, and move on. That reading is wrong, and because the mistake produces no red flag at the time, it usually surfaces later, at an audit or a funding round's diligence, as a missed liability plus interest for every month it sat unpaid.
Last reviewed: 6 September 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Any service supplied by a person located outside India to a recipient in India is an "import of service," and it falls under reverse charge per Notification 10/2017-Integrated Tax (Rate) read with Section 5(3) of the IGST Act: the RECIPIENT, your company, self-assesses and pays the IGST, not the foreign vendor. This liability is not turnover-exempt. Section 24(iii) of the CGST Act makes registration compulsory for anyone liable to pay tax under reverse charge, regardless of aggregate turnover, and the usual domestic exemption for a small business buying legal services from an Indian advocate does not extend to a foreign lawyer, since that exemption only covers advocates on the rolls of the Bar Council of India. Since Rule 47A (effective 1 November 2024), the company must issue itself a self-invoice within 30 days of receiving the service. Done correctly, this is often close to cost-neutral, since the self-paid IGST is available as input tax credit where the service is used for business, but only if the self-invoicing and payment steps actually happen.

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The invoice looking clean is exactly the problem

A domestic vendor who owes you GST puts it on the invoice, you see the number, and it's obviously a tax question. A foreign vendor never charges Indian GST, because they aren't registered in India's system and have no reason to be. The invoice looks complete. Nothing about it signals that a tax obligation exists on your side, which is exactly why this gets missed even by companies that are otherwise careful about GST on their own domestic supplies.

The rule doesn't care that the foreign invoice is silent on GST. Any service bought from someone located outside India is treated as an import of service, and the law puts the payment obligation on the recipient, your company, not the seller. Silence on the invoice is the default, not an exemption.

No threshold protects you here

The usual instinct, "we're too small for GST to matter yet," doesn't apply to reverse charge. Section 24(iii) of the CGST Act makes registration compulsory for anyone liable to pay tax under reverse charge, with no turnover threshold at all, unlike the ordinary registration limit that exempts small businesses.

A specific version of this catches founders who've heard there's an exemption for legal fees: a partnership of advocates or an individual advocate providing legal services to a business under Rs 20 lakh turnover is exempt from GST under a separate notification. That exemption is written for advocates on the rolls of the Bar Council of India. A foreign lawyer, wherever they practise, isn't one, so the exemption doesn't reach them, a point a 2025 West Bengal Authority for Advance Ruling confirmed directly on a foreign patent attorney's fees, holding them taxable as import of legal services under reverse charge regardless of the payer's size.

The self-invoice is the step that's actually missed

Since Rule 47A took effect on 1 November 2024, your company must issue itself a self-invoice under Section 31(3)(f) within 30 days of receiving the foreign service, standing in for the tax invoice a domestic vendor would have issued. This self-invoice never appears in your GSTR-2B, because there's no foreign counterparty filing a return on the other side of it, so it can't be picked up automatically the way a domestic reverse-charge purchase from a registered supplier can. It has to be tracked on its own register and claimed manually.

This is usually not a cash cost if the service is used for your business: the IGST you self-pay is generally available as input tax credit, claimed manually in your GST return rather than pulled in automatically. The actual risk isn't the tax rate, it's that nobody generates the self-invoice or pays the tax at all, which shows up later as unpaid tax plus interest, not as a credit you get to claim.

What goes wrong without a CA

The company pays a foreign consultant's invoice through the normal AP process, books it as an expense, and nothing in the workflow prompts anyone to ask a GST question, because nothing about the invoice looks GST-relevant. Months or years later, an auditor or a diligence team reviewing foreign payments finds a pattern of unreported import-of-service transactions, and the fix at that point is back tax plus interest for every missed month, not a same-day correction. The cleanest fix is a standing checklist: any payment to a service provider located outside India gets a self-invoice and an RCM entry, every time, regardless of how small the amount is.

What's involved

What the CA actually does

  1. 1

    We flag every foreign-service payment as an RCM candidate

    We review your company's payments to any provider located outside India, legal, consulting, technical, marketing, and confirm which ones are import-of-service supplies that trigger reverse charge, rather than leaving it to be caught at audit time.

  2. 2

    We set up the self-invoicing and registration correctly

    Where reverse charge applies, we confirm the GST registration is in place (no threshold protects you here), and get the self-invoicing process running inside the 30-day window Rule 47A requires, rather than a backlog of missed invoices.

  3. 3

    We claim the input tax credit you're entitled to

    Since the self-invoice doesn't appear in GSTR-2B automatically, we track it separately and claim the input tax credit manually where the service is used for your business, so the reverse charge doesn't become a real cost on top of a compliance gap.

What to have ready

Documents you'll typically need

  • Invoices or payment records for services bought from any provider outside India
  • Contracts or engagement letters with the foreign service provider
  • Bank/SWIFT records showing the payment made abroad
  • Current GST registration certificate, if already registered
  • Existing self-invoice or RCM records, if any have already been raised

References on this page

  • Notification No. 10/2017-Integrated Tax (Rate), Serial 1: any service supplied by a person located in a non-taxable territory to a person other than a non-taxable online recipient is taxed on reverse charge, payable in full by the recipient
  • Section 5(3), IGST Act 2017: the government may specify categories of supply on which tax is payable on reverse charge by the recipient
  • Section 24(iii), CGST Act 2017: persons required to pay tax under reverse charge must register, irrespective of the threshold limit in Section 22
  • Rule 47A, CGST Rules (inserted by Notification 20/2024-Central Tax, effective 1 November 2024): a registered recipient liable under reverse charge for a supply from an unregistered supplier must issue a self-invoice under Section 31(3)(f) within 30 days of receiving the supply
  • West Bengal AAR, In re MedTrainAI Technologies Pvt Ltd (2025): reimbursement paid to a foreign patent attorney for filing patents abroad is "import of legal services," taxable under reverse charge, foreign attorneys are not "advocates" under Indian law so the domestic legal-services exemption does not apply

Frequently asked questions

Common questions

Yes. Section 24(iii) of the CGST Act makes registration compulsory for anyone liable to pay tax under reverse charge, with no turnover exemption at all, unlike the ordinary registration threshold. Buying even one service from abroad can trigger this regardless of your company's size.

No. A foreign vendor located outside India's GST system never charges Indian GST, that's expected, not a sign the transaction is GST-free. The obligation to pay it shifts to your company as the recipient under reverse charge, and the invoice being silent on GST doesn't change that.

There is, but it only covers legal services from an advocate on the rolls of the Bar Council of India. A foreign lawyer or law firm doesn't qualify, confirmed directly by a 2025 West Bengal AAR ruling on a foreign patent attorney's fees, so the exemption doesn't help you here regardless of your turnover.

Since 1 November 2024, you must issue yourself a self-invoice within 30 days of receiving the service, then pay the IGST and report it in your GST return. The self-invoice won't show up in your GSTR-2B automatically, since there's no foreign counterparty return behind it, so it has to be tracked and claimed manually.

Usually close to paperwork, if it's done. The IGST you self-pay is generally available as input tax credit where the service is used for your business, so it's often close to cost-neutral. The real cost shows up when the self-invoice and payment are missed entirely, that surfaces later as unpaid tax plus interest, not as a credit.

Paying a foreign lawyer, consultant or advisor from your Indian company?

Tell us what the service was and who billed you. A practising CA will confirm the reverse-charge position and get the self-invoicing set up correctly, on a free call, no obligation.

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