Skip to content
Got a notice? Emergency response

GST & Indirect

GST on freelance and consulting income from India when you live abroad

You invoice Indian clients from overseas, somebody has raised GST, and you can't tell whether you need to register or whether it touches you at all.

You live abroad and earn from your skills, design, software, advisory, content, marketing, and some of your clients are in India. A client's accounts team has asked for your GST number, or you have read that services attract GST, and now you are unsure whether an NRI consultant has to register, charge it, or do anything at all. There are really two questions tangled together: the GST treatment of the work, which depends a lot on where your client sits, and the income-tax and banking side of receiving the money in India. Getting the first one wrong means either charging tax you shouldn't or missing a registration you needed.
Last reviewed: 6 September 20266 min readReviewed by Preetesh Maloo, CA

The short answer

It turns on who your client is. If you are based abroad and supply services to a client outside India, that is generally outside India's GST net. Where you supply services to a recipient in India, GST can apply and registration may be required depending on the nature of the work and the turnover, with some online services (OIDAR) carrying their own rules. The income side is separate: fees paid by an Indian client are India-source income, usually received into an NRO account and reportable, and a chartered accountant works through both the GST question and the income-tax position together rather than treating them as one thing.

Is this your situation? Get a senior CA on it.

Free 15-minute call. We list the filings and their cost, then you decide. No India trip.

Senior CA who specialises in NRI-owned Indian companies · we handle the regulator, you stay abroad

Chat with a CA on WhatsApp

GST follows your client, not your address

GST is a tax on a supply, and for services the question is where the recipient sits, not where you sit. Sort your clients: who is outside India, who is inside.

Supplying services to a client outside India, paid in foreign currency, is generally treated as an export of services, outside the domestic GST burden. Supplying services to a recipient in India can fall within India's GST net, where registration and charging questions arise.

Your clientBroad GST direction
Outside India, paid in forexGenerally export of services, zero-rated
In IndiaCan be taxable in India, registration may apply

Place-of-supply has specific rules and exceptions, and the nature of the service matters. A CA confirms the position against your actual contracts before anyone registers or files anything.

Export of services is zero-rated, but only if you do it right

When your work qualifies as an export of services, GST law treats it as a zero-rated supply under the IGST Act. Zero-rated is not the same as exempt: the supply is taxable at a zero rate, letting the exporter avoid the tax cost while staying inside the system.

In practice this is done by filing a Letter of Undertaking (LUT) so you can export without paying IGST up front. The alternative, pay IGST and claim it back as a refund, ties up cash, making the LUT route cleaner for a regular service exporter. It requires registration and filing the undertaking correctly; it is not automatic.

The conditions matter: the supplier and recipient must be distinct, the place of supply must be outside India, and payment generally has to be received in convertible foreign exchange. A CA checks those conditions against your contracts before you rely on zero-rating.

Online services to India have their own rulebook (OIDAR)

If what you sell is delivered over the internet with little or no human intervention, platform access, downloadable templates, an automated tool, hosted software. It can fall under OIDAR (online information and database access or retrieval services). OIDAR has its own place-of-supply and registration treatment because the supplier and user can sit in different countries while the service crosses borders invisibly.

For an overseas supplier providing such services to recipients in India, whether a registration obligation arises depends on who the Indian recipients are and how the service is delivered.

If your work is straightforward professional advisory billed to named clients, OIDAR usually isn't your world. If you run a paid app, subscription tool or self-serve digital product with Indian users, raise it specifically, automated digital products and live human-delivered advisory are not treated the same way.

Getting the money home: the income-tax and NRO side

Separate from GST is what happens to the income itself. Fees for services connected with India are India-source income, and as an NRI you are taxable in India on income arising here, so even where GST is a non-issue, the income-tax question can still apply.

Fees from an Indian client are typically received into an NRO account, and the payer may deduct TDS. That TDS is not a final cost. It is credited against your actual tax, and where a DTAA applies between India and your country of residence, it can reduce the rate or shift where the income is finally taxed. The practical work is matching what was deducted to what is due, claiming any treaty benefit, and filing so nothing is taxed twice.

The GST treatment governs whether you charge or register; the income-tax treatment governs what you owe and what comes back. If you're weighing incorporating instead of staying a freelancer, setting up a private limited company changes this picture (limited liability, easier fundraising, different tax and compliance load), so it's worth comparing the two before you scale rather than after.

A worked example: a designer in Dubai with mixed clients

Karthik lives in Dubai and freelances as a brand designer. Two clients in the UAE and Europe, one startup in Bengaluru. The Bengaluru client has asked for a GST number.

His UAE and European work is supplied to recipients outside India, paid in foreign currency, pointing to export of services, zero-rated, run under a LUT so no IGST is paid up front. The Bengaluru engagement is a supply to a recipient in India, so that is the piece where GST registration and charging need to be assessed.

On the income side, the Bengaluru fees are India-source. They go into Karthik's NRO account; the client may deduct TDS. Because India and the UAE have a tax treaty, his CA checks how the income is finally taxed and whether any TDS is refundable. The outcome: foreign work kept outside India's GST burden, the Indian engagement handled correctly, income reported once in the right place.

What's involved

What the CA actually does

  1. 1

    We sort your clients by where the supply lands

    We go through who you actually invoice and how you are paid, and separate the work that points to export of services from the work supplied to recipients in India, because the GST answer is driven by those facts, not by the fact that you are an NRI.

  2. 2

    We assess registration and the export / LUT route

    Where GST registration is in question, we check it against the nature of the service and your turnover, and where export treatment applies we set up the zero-rated route correctly, typically the Letter of Undertaking so you export without paying IGST up front, rather than paying and chasing a refund.

  3. 3

    We flag whether OIDAR rules touch you

    If part of what you sell is an automated digital product or tool used by people in India, we check whether the OIDAR rules apply, because those carry their own place-of-supply and registration treatment that ordinary advisory work does not.

  4. 4

    We handle the income-tax and NRO side together

    We match any TDS the Indian payer deducted to the tax actually due, apply the relevant tax treaty (DTAA) so the income isn't taxed twice, and file so the India-source fees are reported correctly, alongside, not instead of, the GST position.

What to have ready

Documents you'll typically need

  • Your service contracts or engagement letters, India and overseas
  • Recent invoices showing the client's location and the currency billed
  • Bank credits / FIRC or equivalent for foreign-currency receipts
  • NRO account statement where Indian clients pay you
  • Any TDS deducted by Indian clients (Form 16A / Form 26AS entries)
  • PAN and proof of NRI status (passport / visa)
  • Existing GST registration details, if you already hold one

Your country of tax residence can change the rate

India's DTAA with your country of tax residence sets the withholding rate on dividends, capital gains and technical or professional fees leaving India, and that rate differs by country. Set your country below to check the applicable treaty rate, or compare all 46 countries.

References on this page

  • Export of services, zero-rated supply under the IGST Act (with a LUT or bond, exported without paying IGST)
  • Place-of-supply rules, decide whether a service is taxable in India (IGST Act)
  • OIDAR, online information and database access or retrieval services, special place-of-supply and registration rules
  • GST registration threshold, turnover-based, with the export / zero-rated treatment depending on the recipient's location

Frequently asked questions

Common questions

It depends on the work and your turnover, not just on the fact that a client is in India. Services supplied to recipients in India can fall within GST and registration may be required; services supplied to clients abroad and paid in forex generally point to export of services. We assess your actual client mix and the place-of-supply rules before deciding whether a registration obligation arises.

Zero-rated means the export supply is taxable at a zero rate, inside the GST system but without the tax cost, rather than simply exempt. In practice a service exporter usually files a Letter of Undertaking (LUT) so the services can be exported without paying IGST up front. The conditions matter: the place of supply must be outside India and the payment generally received in foreign exchange, so we check those against your contracts before relying on it.

Often yes, GST and income tax are separate. Fees connected with India are India-source income and an NRI is taxable in India on income arising here. The Indian payer may also deduct TDS. We match that TDS to the actual tax, apply any India-country tax treaty so nothing is taxed twice, and file the income correctly, which is a different exercise from the GST question.

It can be. Automated, internet-delivered services with little human intervention, an app, a SaaS tool, hosted content, can fall under OIDAR (online information and database access or retrieval services), which has its own place-of-supply and registration treatment. If your Indian users are ordinary consumers rather than GST-registered businesses, an overseas OIDAR supplier must register regardless of turnover: on Form GST REG-10, charging and paying IGST at 18% on those supplies, and filing a monthly GSTR-5A return by the 20th of the following month. If your Indian users are GST-registered businesses instead, they account for the tax themselves. It's fact-specific, so if you run a self-serve tool, app or subscription with Indian users, raise it specifically rather than assuming the ordinary consulting answer applies.

Yes, that's a different registration altogether from anything above. Making a taxable supply physically inside India with no fixed place of business here makes you a Non-Resident Taxable Person (NRTP), registered on Form GST REG-09, not the REG-10 used for OIDAR suppliers. No turnover threshold protects an NRTP, so even a small one-off supply needs registration, and it's temporary: up to 90 days, extendable by up to 90 more, with the estimated tax deposited in advance. Apply at least 5 days before you start. This is for someone physically in India for a trade fair, on-site project or short event, not a freelancer abroad billing Indian clients remotely, so it doesn't apply to the ordinary remote-consulting situation this page covers.

TDS is not a final cost. It is credited against your actual Indian tax, and any excess is refundable when you file. Where India has a tax treaty (DTAA) with your country of residence, it can reduce the rate or determine where the income is finally taxed, so the same fee isn't taxed in full in both places. We reconcile the deduction and claim the treaty benefit when filing.

If you supply services only to recipients outside India and are paid in foreign currency, that generally sits outside India's GST net as an export of services. The point to confirm is that the place-of-supply conditions are genuinely met for each engagement. If you later take on an Indian client, the GST question reopens for that work, so it is worth getting the framework set up correctly early.

Possibly. Supplying taxable services to recipients in India can bring you within GST, and the usual turnover threshold does not always protect a non-resident, certain supplies, and the non-resident and OIDAR rules, can require registration regardless of turnover. Where you supply digital or online services to Indian consumers, the OIDAR framework may apply with its own registration route. The safe step is to map each engagement's place of supply and recipient type before assuming you are exempt.

No. The Aadhaar-authentication exemption under Rule 8(4A) of the CGST Rules covers specific categories only, someone who isn't an Indian citizen, government departments, statutory bodies, PSUs, and UIN applicants, not an ordinary Indian-citizen NRI registering under the normal route. If you can't complete Aadhaar e-KYC (a common problem applying from abroad, or if your Aadhaar has lapsed), the application defaults to physical verification of the registered address under Rule 9, which stretches approval from 7 working days to up to 30 days. Plan for the longer timeline rather than assuming Aadhaar will clear quickly from overseas.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Primary residence test: days in India

Right now: 182 days

Where it works differently

The person is an Indian citizen leaving India for employment abroad, or as a crew member of an Indian ship
Only the 182-day test applies. The 60-day secondary test is disabled.
Explanation 1(a) to s.6(1)
Counting days
The day of arrival AND the day of departure both count as days in India.
Settled administrative practice; partial days count as whole days.
The financial year straddles a move
Residence is decided for the WHOLE financial year, not from the date of the move. India has no split-year concept, unlike the UK.
s.6 is a full-year test.

Commonly got wrong

  • You become an NRI the day you leave India. True for FEMA, false for income tax. Under FEMA residence changes on departure with intent; under the Income-tax Act it is a full-year day count.Name which law you mean. Say 'non-resident under FEMA from the day you leave' or 'non-resident for income tax if you are in India under 182 days in that financial year'.
  • India has split-year treatment. It does not. Only the treaty tie-breaker resolves a dual-residence year.Point to Article 4 of the relevant DTAA.

Freelancing for Indian clients and unsure about GST?

Tell us who you invoice, where they sit and how you're paid. A practising CA will sort the export, registration and income-tax pieces on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.