Place of Supply of Services for location outside India – Sec.13, IGST Act.

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General Provisions [Section 13 of IGST Act, 2017 ] – These are given below –

Applicable SectionNature of Supply of ServicesPlace of Supply of Services
Section 13(2)Services except the services specified in subsections (3) to (13)The location of the recipient of services :  Provided that where the location of the recipient  of services is not available in the ordinary course of business, the place of supply shall be the  location of the supplier of services.
Section 13(3)(a) services supplied in respect of goods  which are required to be made physically  available by the recipient of services to the  supplier of services, or to a person acting  on behalf of the supplier of services in  order to provide the services:   (b) services supplied to an individual,  represented either as the recipient of  services or a person acting on behalf of  the recipient, which require the physical  presence of the recipient or the person  acting on his behalf, with the supplier for  the supply of services.The location where the services are actually  performed.  Provided that when such services are provided  from a remote location by way of electronic  means, the place of supply shall be the location  where goods are situated at the time of supply of  services:  Provided further that nothing contained in this  clause shall apply in the case of services supplied  in respect of goods which are temporarily  imported into India for repairs and are exported  after repairs without being put to any other use in  India, than that which is required for such repairs;     The location where the services are actually  performed.
Section 13(4)Services supplied directly in relation to an immovable property, including services supplied in this regard by experts and estate agents, supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called, grant of rights to use immovable property, services for carrying out or coordination of construction work, including that of architects or interior decorators,The place where the immovable property is located or intended to be located.
Section 13(5)Services supplied by way of admission to, or organisation of a cultural, artistic, sporting, scientific, educational or entertainment event, or a celebration, conference, fair, exhibition or similar events, and of services ancillary to such admission or organisation,The place where the event is actually held.
Section 13(6)Where any services referred to in sub-section (3) or sub-section (4) or sub-section (5) is supplied at more than one location, including a location in the taxable territory,The location in the taxable territory.
Section 13(7)Where the services referred to in sub-section (3) or sub-section (4) or sub-section (5) are supplied in more than one State or Union territory,The place of supply of such services shall be taken as being in each of the respective States or Union territories and the value of such supplies specific to each State or Union territory shall be in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed.
Section 13(8)(a) services supplied by a banking company, or a financial institution, or a non-banking financial company, to account holders; (b) intermediary services; The location of the supplier of services (c) services consisting of hiring of means of transport, including yachts but excluding aircrafts and vessels, up to a period of 1 month.The location of the supplier of services
Section 13(9)Services of transportation of goods, other than by way of mail or courier,The place of destination of such goods.
Section 13(10)Services in respect of passenger transportation servicesThe place where the passenger embarks on the conveyance for a continuous journey.
Section 13(11)Services provided on board a conveyance during the course of a passenger transport operation, including services intended to be wholly or substantially consumed while on board,The first scheduled point of departure of that conveyance for the journey.
Section 13(12)Online information and database access or retrieval servicesThe location of the recipient of services. Explanation.— For the purposes of this subsection, person receiving such services shall be deemed to be located in the taxable territory, if any two of the following non- contradictory conditions are satisfied, namely:— (a) the location of address presented by the recipient of services through internet is in the taxable territory; (b) the credit card or debit card or store value card or charge card or smart card or any other card by which the recipient of services settles payment has been issued in the taxable territory; (c) the billing address of the recipient of services is in the taxable territory; (d) the internet protocol address of the device used by the recipient of services is in the taxable territory; (e) the bank of the recipient of services in which the account used for payment is maintained is in the taxable territory; (f) the country code of the subscriber identity module card used by the recipient of services is of taxable territory; (g) the location of the fixed land line through which the service is received by the recipient is in the taxable territory.

Section 13(13)       :        

In order to prevent double taxation or non-taxation of the supply of a service, or for the uniform application of rules, the Government shall have the power to notify any description of services or circumstances in which the place of supply shall be the place of effective use and enjoyment of a service.

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