The Goods and Services Tax (GST) introduced a standardized tax framework across India, impacting businesses of all sizes, including independent professionals. Freelancers operate on a contract basis for various clients, receiving fees for specific tasks rather than being direct employees. Consequently, regulations pertinent to service providers under GST also extend to freelancers.

Freelancer's GST Registration Liability

Under India's GST framework, freelancers must register in specific scenarios. This includes when their annual turnover exceeds the threshold of INR 20 lakhs for general cases or INR 10 lakhs for specific North-eastern states. Registration is also compulsory for those offering Online Information and Database Access and Retrieval (OIDAR) services, or for any inter-state supply of goods or services, such as exporting services which are considered zero-rated supplies under the IGST Act.

Definition of OIDAR Services

The GST Act defines OIDAR (Online Information and Database Access and Retrieval) services as various digital offerings. These include internet advertising, cloud computing services, delivering e-books, music, movies, software, and other digital intangibles online. It also encompasses providing data or information electronically via computer networks, and online gaming.

Composition Scheme Eligibility for Freelancers

Freelancers in India may be eligible for a specific GST composition scheme introduced in March 2019, provided their annual turnover is below INR 50 lakhs. This scheme offers simplified compliance and benefits comparable to the general composition scheme under Section 10 of the CGST Act. Participants pay a reduced GST rate of 6% (3% CGST and 3% SGST) on their quarterly supplies, making a lower tax option available for independent professionals.

Applicable GST Tax Rates

Under GST, various tax rates apply to services, including 0%, 5%, 12%, 18%, and 28%. Services provided by freelancers are taxed according to their specific slab rates. If no particular rate is defined for a service, the default applicable GST rate is typically 18%.

GST Invoicing Guidelines

Freelancers must issue invoices that comply with GST regulations. Essential details to be included on an invoice are the names, addresses, and GSTINs of both the service provider and the recipient. Additionally, the invoice must specify the SAC (Service Accounting Code) for the services rendered, the date of issue, the transaction value, and the supplier's signature.

Input Tax Credit for Service Providers

Similar to other GST-registered taxpayers, freelancers can claim input tax credit (ITC) on services and goods utilized for their professional activities, such as laptops, electricity, or telephone services. The GST charged by the freelancer can also be claimed as input credit by the service recipient. This mechanism ensures that the GST burden generally does not rest with the freelancer, as they collect the tax from clients and can offset their own input taxes.

GST Return Filing Obligations

GST-registered freelancers are required to file multiple returns, typically comprising two monthly returns and one annual return. Even if a freelancer does not register for GST, authorities can still monitor their turnover through mechanisms like Tax Deducted at Source (TDS) by clients or by analyzing bank account transactions. Given that Aadhaar and PAN are interconnected with financial records, it is challenging to evade legal scrutiny. Therefore, freelancers are subject to GST laws, and non-compliance can lead to penalties. It is recommended to seek professional guidance for registration, return filing, and invoicing to ensure adherence.