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Use the checklist below to identify the relevant pathway: non-resident taxable person registration, overseas OIDAR (online information and database access or retrieval) treatment, or Indian-customer reverse charge. Confirm the current IGST Act, CGST Act, rules and notifications for your exact transaction before relying on a conclusion.
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Start with the correct GST pathway
US and UAE location alone does not determine Indian GST registration. The same overseas company can have different obligations for physical goods, consulting, software, subscriptions or other digital services. First map each sales flow, then test the category that fits that flow.
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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errors| Sales situation | Question to resolve | Compliance path to investigate |
|---|---|---|
| Goods shipped to India | Do the goods enter India, who is the importer, and is an Indian business or intermediary involved? | Import documentation and any seller-side registration or customer-side reverse-charge issue must be assessed separately. |
| Taxable services supplied by an overseas business | Is the supplier acting as a non-resident taxable person and is the Indian customer registered? | Non-resident registration rules may apply; an Indian registered recipient may instead account under reverse charge for specified services. |
| Online or digital services | Does the service qualify as OIDAR, and is the recipient a registered business or a non-taxable online recipient? | OIDAR-specific supplier or recipient treatment and GSTR-5A requirements may apply. |
| Indian entity, agent or fixed business presence | Who contracts, invoices, collects payment and controls fulfillment? | The presence and contracting structure can change registration, place-of-supply and invoicing analysis. |
This table is a triage tool, not a legal test. Product classification, place-of-supply provisions, customer status and current notifications must be checked for every material flow.
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1. Map every India sales flow before registering
Create a separate worksheet for each product, service and channel. Combining unlike transactions is a common reason a foreign seller reaches the wrong GST conclusion.
Record what is supplied
- Describe the item precisely: physical goods, professional or technical service, software licence, subscription, platform access, advertising, streaming, hosting or another online service.
- For digital supplies, document the functionality delivered and why it may or may not fit the OIDAR category. Do not label every internet-enabled service OIDAR without checking the statutory definition and current guidance.
- Keep the applicable classification and rate as open review fields where the current material does not establish them. Do not assume a rate from the seller’s home country.
Identify the contracting and payment parties
- Record the legal entity named on the contract, order confirmation and invoice.
- Note whether an Indian subsidiary, distributor, marketplace, agent, representative, warehouse or fulfilment provider participates.
- Track who receives payment, who bears delivery or performance obligations and who handles refunds, credits and amendments.
Establish the customer and delivery facts
- Ask whether the Indian customer is GST-registered and obtain its GSTIN where appropriate.
- For an online consumer, determine whether the recipient is a non-taxable online recipient under the applicable rules.
- For goods, record the importer of record, customs documentation, shipping terms and the point at which title or risk transfers.
- Document the customer’s location and the facts used for place-of-supply analysis.
Retain contracts, purchase orders, customer declarations, GSTIN validation evidence, payment records, shipping records and correspondence supporting the classification. These records let you explain why one flow was treated differently from another.
2. Test whether the non-resident taxable person procedure applies
The CGST Act identifies a non-resident taxable person making taxable supplies as a category subject to compulsory registration. That does not mean every foreign seller automatically belongs in this category; the supply and business facts must first fit the statutory conditions.
Registration timing and form
CBIC’s registration rules state that a non-resident taxable person must submit an electronic application in Form GST REG-09 at least five days before starting business through the Common Portal or a notified Facilitation Centre. The application is accompanied by a valid passport. The rule says:
“A non-resident taxable person shall electronically submit an application, along with a valid passport, for registration, duly signed, in FORM GST REG-09, at least five days prior to the commencement of business at the Common Portal either directly or through a Facilitation Centre notified by the Commissioner.”
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People and security needed for the application
- Appoint an authorized signatory who resides in India and has a valid PAN.
- Prepare the authorization and identity documents the portal requests for that signatory.
- Plan an advance deposit corresponding to the estimated tax liability for the registration period. The deposit is part of the special non-resident procedure, so calculate it from a documented forecast rather than treating it as an ordinary filing fee.
Registration validity
Section 27 of the CGST Act limits a non-resident taxable person’s registration to the period requested or 90 days, whichever is earlier, with a possible further extension of up to 90 days. The validity period is therefore finite; build renewal or cessation tasks into the compliance calendar instead of assuming a permanent registration.
3. Analyze OIDAR services separately
Online information and database access or retrieval services have their own GST questions. The customer’s status is central, and the explanatory material available from CBIC is dated 20 July 2017. Use it as background, then verify the current IGST Act, rules and notifications before applying it to a present transaction.
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Indian registered business recipient
CBIC’s OIDAR explanation describes reverse charge where the Indian recipient is a registered business. In that structure, the Indian customer, not the overseas digital supplier, accounts for the tax to the extent the current law places the liability on the recipient. Confirm the customer’s GST registration and obtain written agreement on who will issue records, report the transaction and pay the tax.
Non-taxable online recipient
The same CBIC flier describes supplier-side integrated-tax responsibility for the case involving a non-taxable online recipient. Because that explanation is from 2017, do not treat it as a complete statement of today’s registration threshold, portal workflow or evidence requirements. Verify the current provisions before onboarding Indian consumers.
Do not assign the wrong return
The GST Portal separately describes GSTR-5A for non-resident OIDAR providers and excludes OIDAR providers from GSTR-1. An overseas digital supplier should therefore confirm its category before configuring a standard outward-supply return process.
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4. Build invoices and records that match the transaction
Invoice timing for taxable services
CBIC’s invoice guidance gives a general 30-day period for issuing an invoice for taxable services, subject to exceptions. Treat 30 days as the cited general rule, not a universal deadline: check the current invoice rule and the specific supplier category, including any continuous-supply or banking-related exception that may apply.
Invoice data to capture
- Supplier’s legal name, address and GST registration details where registered.
- Customer’s legal name, address and GSTIN where the recipient is registered.
- Unique invoice number and date, service or product description, classification used, taxable value, tax components and currency.
- Evidence supporting export, import, place-of-supply and customer-status conclusions.
- Credit notes, debit notes, refunds, advances and amendments linked to the original transaction.
For a goods flow, reconcile the commercial invoice with the customs entry, transport records and the party shown as importer. For services, retain the contract and delivery evidence that supports when and to whom the service was supplied.
5. Choose the return by taxpayer category
Do not put every foreign seller on GSTR-1. The GST Portal’s GSTR-1 guidance covers relevant normal and casual taxpayers but excludes non-resident foreign taxpayers and OIDAR providers. Your return calendar should begin with the registration category, not with the fact that sales were made to India.
GSTR-1 for covered normal or casual taxpayers
For taxpayers to whom the GSTR-1 instructions apply, the Portal states ordinary due dates of the 11th of the succeeding month for monthly filers and the 13th after the quarter for quarterly filers, subject to eligibility and government extensions. A nil GSTR-1 is still required for a covered filer with no reportable outward activity.
Prepare the outward-supply data before the deadline, including:
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- Tax invoices and export-related supplies.
- Credit and debit notes, advances and amendments.
- Exempt, nil-rated and non-GST supplies where the form requires them.
- Applicable e-commerce or marketplace information.
- Customer GSTINs and place-of-supply details.
GSTR-5A for non-resident OIDAR providers
The GST Portal describes a monthly GSTR-5A return for non-resident OIDAR providers, ordinarily due on the 20th of the succeeding month, subject to extension. It expressly states: “Form GSTR-5A needs to be filed even if there is no business activity (i.e. it is a Nil Return) for a tax period.” Set a nil-return control so that an inactive month is not silently missed.
Other forms and payments
The cited material does not establish a universal return form for every foreign-seller structure. Confirm the form, payment process, amendment mechanism and filing frequency shown for your actual registration and liability in the current GST Portal account. Keep evidence of submission, challans, acknowledgements and any extension notification.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.6. Check whether the Indian customer owes tax under reverse charge
Services from an overseas supplier
CBIC states that when a registered Indian recipient is liable under reverse charge for services received from an overseas supplier, the recipient must issue a self-invoice on receipt and report the transaction in the return for the month of supply. The customer should therefore have a documented process to identify imported services, create the self-invoice, calculate the liability and retain the contract and payment evidence.
Imported goods are different
CBIC’s FAQ says imported goods are supported by a bill of entry and do not require this reverse-charge self-invoice. Do not copy the service procedure into a goods workflow. Reconcile the bill of entry, customs payment and commercial invoice instead.
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For each reverse-charge-eligible service, state in the contract which party will provide the information needed for the Indian recipient’s return. The overseas supplier should not describe the customer’s self-invoice as its own GST invoice, and the customer should not assume that a supplier-issued document removes its statutory reporting duty.
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7. Use this implementation checklist
- Inventory the flows: list every India-bound product, service, subscription and sales channel.
- Classify the recipient: record GST registration status and, for online sales, whether the recipient is a non-taxable online recipient.
- Document the physical and contractual path: importer, delivery location, contracting entity, payment collector, agent and warehouse.
- Test the category: decide whether the flow may involve a non-resident taxable person, OIDAR supplier treatment or Indian-recipient reverse charge.
- Confirm current law: check the current CGST and IGST provisions, rules, rate notifications and extensions for the exact product or service.
- Prepare registration evidence: where the non-resident procedure applies, gather Form REG-09 information, passport, Indian-resident authorized signatory with PAN and the estimated-tax advance deposit.
- Configure invoicing: set the applicable invoice timing, numbering, tax fields, customer GSTIN controls and credit-note process.
- Configure returns: select the form for the taxpayer category, assign an owner, schedule reconciliations and include nil periods where the form requires them.
- Reconcile monthly: match contracts, invoices, payment records, customs documents, portal filings and tax challans.
- Review changes: reassess the setup when the product, customer type, channel, Indian intermediary or legal entity changes.
8. Avoid common compliance failures
Assuming US or UAE incorporation decides the result
Incorporation country is only one fact. A digital subscription to a registered Indian company, a shipment of goods to an Indian importer and a consumer-facing online service can follow different rules.
Using GSTR-1 as a default
Non-resident foreign taxpayers and OIDAR providers are excluded from the GSTR-1 guidance cited above. Verify the taxpayer category before assigning the monthly or quarterly GSTR-1 calendar.
Relying on the 2017 OIDAR flier as current law
The 20 July 2017 flier is useful for understanding the registered-business versus non-taxable-online-recipient distinction, but later legislation and notifications may alter details. Check the current statute before making a registration or collection decision.
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An Indian customer’s reverse-charge obligation for a service does not automatically answer whether the overseas supplier has a separate registration duty for another flow. Analyze each supply and entity relationship independently.
Ignoring nil periods and finite validity
Covered GSTR-5A filers must submit a nil return when there is no activity, and a non-resident taxable person’s registration is time-limited. Add both controls to the compliance calendar.
What to verify before giving a final answer
A definitive seller-specific conclusion requires the exact product or service, current classification and rate, place-of-supply result, customer GST status, import or export flow, contracting entity and any Indian presence. The official material summarized here does not establish those case-specific answers, current rates or every later amendment. Have the proposed treatment checked against the current CBIC and GST Portal material before launch, and revisit it whenever the transaction design changes.
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