Online Information and Database Access or Retrieval (OIDAR) services, as defined within India's Goods and Services Tax (GST) framework, encompass services provided digitally over the internet with minimal human interaction. These services are governed by specific regulations under the Indian GST system. This article provides a comprehensive overview of the GST registration requirements for OIDAR services.

What are OIDAR Services Under GST?

OIDAR services involve digital delivery over the internet, allowing recipients to access them remotely without direct physical engagement with the provider. The integration of OIDAR services into the GST regime aims to ensure equitable competition by standardizing costs for both domestic and international service providers.

Examples of OIDAR services include:

• Downloading or accessing software and applications
• Providing cloud services
• Offering online gaming services
• Supplying digital content such as e-books, music, videos, and images
• Delivering online education, training, and certification programs
• Providing web hosting, and remotely managing maintenance of programs and equipment
• Supplying advertising space on the internet
• Providing electronic data interchange (EDI) services
• Offering search-engine services
• Providing digital data storage services

Under GST, the government intends to levy tax on all OIDAR services, irrespective of whether they are rendered from within India or abroad, and whether they serve business or non-business objectives. This taxation extends to services offered by governmental bodies, charitable organizations, and other entities. For online service providers lacking a physical presence in India, appointing an agent is mandated for managing tax obligations. Furthermore, if a non-taxable online recipient (NTOR) obtains online services from a supplier in a non-taxable territory, the supplier bears the responsibility for tax payment, as per Section 14 of the Integrated Goods and Services Tax (IGST) Act.

GST Rate and HSN Code for OIDAR Services

In India, the Integrated Goods and Services Tax (IGST) rate for digital services, including OIDAR services, is 18%. This rate applies uniformly to providers situated both within and outside the country. An exception exists for the online sale of e-books, which falls under HSN code 9984 (Telecommunications, broadcasting, and information supply services) in the GST Tariff and is subject to a lower rate of 5%.

Mandatory GST Registration for OIDAR Service Providers

GST registration is compulsory for all entities providing OIDAR services in India, irrespective of their annual turnover. This requirement extends to OIDAR service providers based outside India who offer services to Indian residents. When an OIDAR service provider is situated in a non-taxable territory and serves a non-taxable online recipient (NTOR), the intermediary facilitating these services is responsible for GST registration and payment. Conversely, if the OIDAR service provider is located in a non-taxable territory and the recipient is a taxable entity in India, the provider must designate a representative within India to manage registration and tax payments.

Step-by-Step OIDAR GST Registration Process

Below is a detailed, step-by-step guide for undertaking the OIDAR GST registration procedure:

1. Navigate to the official GST portal and click on ‘Services,’ then select ‘Registration’ from the top menu.
2. Choose ‘New Registration’ and identify yourself as a ‘Taxpayer’ for the type of taxpayer.
3. Input your fundamental details, including your legal name, Permanent Account Number (PAN), email address, and mobile number. Complete the captcha verification and click ‘Proceed.’
4. You will receive a One-Time Password (OTP) on both your registered mobile number and email. Enter this OTP to authenticate your details.
5. Upon successful verification, an Application Reference Number (ARN) will be sent to your email and mobile. Click the ‘ARN’ link to proceed with the registration. After the ARN application is validated, you will be redirected to an OTP page. Enter the OTPs received via email and mobile. A 15-digit Temporary Reference Number (TRN) will then be displayed.
6. Select the ‘PROCEED’ option. Alternatively, to log in using the TRN, go to Services > Registration > New Registration, choose the ‘Temporary Reference Number (TRN)’ radio button, and input the generated TRN. Enter the captcha and proceed. The ‘Verify OTP’ page will appear. Enter the OTP sent to your mobile phone and email address. Subsequently, the ‘My Saved Application’ page will load. Click the ‘Edit’ icon located in the Action column.
7. Complete the GST registration form by providing your business details, bank account information, and authorized signatory details. For comprehensive steps, refer to the detailed GST registration process. You will need to upload necessary documents such as PAN, Aadhaar, and proof of address. After submitting the form and documents, you will receive an acknowledgment. The GST department will process your application, and you will be notified via email and SMS upon approval of your registration.

Important Note: For OIDAR services, it is crucial to provide additional information during registration, such as the Place of Supply (PoS) and Type of Service. Ensure all required documents and information are ready before initiating the registration process.

Input Tax Credit for OIDAR Service Providers

Registered taxpayers within a taxable territory are typically eligible to claim input tax credit (ITC eligibility details). Non-resident OIDAR service providers, however, are generally not eligible to avail input tax credit according to current regulations.