GST on Import of Services Under RCM
Foreign vendor invoices for SaaS, consulting, cloud hosting, design, legal or professional services often sit in accounts payable without GST review. If they qualify as import of services, IGST under reverse charge may be payable by the Indian recipient.
Quick answer: If the supplier is outside India, the recipient is in India and the place of supply is in India, the transaction is an import of service and the Indian recipient must self-pay IGST under reverse charge β in cash first, with eligible ITC claimed separately. Reviewed: 2026-06-19 by CA Nikhil Gupta. Current law: IGST Act, 2017 and CGST Act, 2017 as in force.
Use the Finin2min GST Services Rate Master to apply these points to your figures or facts.
Definition: when is a service imported?
IGST Act Section 2 defines import of services as a supply where the supplier is located outside India, the recipient is located in India and the place of supply is in India. Section 7 treats import of services into India as inter-State supply. Section 5 provides for IGST levy and reverse charge where notified/applicable.
For the connected rule, example or next step, see GST RCM Year-End True-Up for Services and Imports.
AP review checklist
| Check | Why it matters | Examples |
|---|---|---|
| Supplier outside India | First limb of import definition. | US SaaS vendor, foreign consultant. |
| Recipient in India | Indian entity receives/uses service. | Indian company, LLP, GSTIN. |
| Place of supply in India | Completes import-of-service definition. | General rule/specific POS rule. |
| Associated enterprise payment | Time of supply may differ. | Group company management fee. |
| ITC eligibility | RCM paid may be creditable if conditions met. | Business-use SaaS, consulting. |
For the connected rule, example or next step, see GST on Director Sitting Fees and RCM.
Time of supply under RCM
For services liable under reverse charge, Section 13 contains specific time-of-supply rules. For associated enterprises where the supplier is located outside India, the time of supply can be the date of entry in books or the date of payment, whichever is earlier. This makes month-end AP accrual controls important.
Worked Example
An Indian company receives a $10,000 SaaS subscription invoice from a US vendor for business-use software. The supplier is outside India, the recipient is in India, and the place of supply is India β this is an import of service. At βΉ84/$, the invoice value is βΉ8,40,000. As inter-State supply under Section 7, RCM IGST applies at 18% = βΉ1,51,200, self-invoiced and paid in cash via GSTR-3B Table 3.1(d) β the foreign vendor never charged GST, so there is no ITC to βclaim fromβ before paying. Once paid, the company can separately claim the βΉ1,51,200 as ITC in the same or a later return period if the subscription is used for business, subject to the usual conditions.
Common mistakes
- Assuming no GST because supplier did not charge GST.
- Ignoring foreign currency invoices below materiality threshold.
- Missing RCM on group-company service charges.
- Paying RCM but not reconciling ITC claim.
- Not checking place of supply for intermediary, OIDAR or property/event-linked services.
Official References Used
This article uses official GST law, rules, GST Council, CBIC/GST portal and e-invoice/e-way bill portal sources only. Notifications, circulars, rule text and portal workflows can change after this articleβs last-reviewed date β verify against the current official source before relying on it.
- CBIC Tax Information: IGST Act Section 2 β import/export/intermediary definitions
- CBIC Tax Information: IGST Act Section 7 β inter-State supply and import of services
- CBIC Tax Information: IGST Act Section 5 β levy and reverse charge under IGST
- CBIC Tax Information: CGST Section 9 β levy and reverse charge mechanism
- CBIC Tax Information: CGST Section 13 β time of supply of services including reverse charge
- CBIC Tax Information: CGST Rule 46 β tax invoice particulars and export invoice endorsement
For the connected rule, example or next step, see GST on Education Services: Exempt vs Taxable Cases: Comparison, Tax Impact and Decision Framework.
Frequently Asked Questions
Source and review trail
Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.
- Primary category
- GST & Indirect Tax
- Official starting point
- www.gst.gov.in
Page source links
Primary sources & related provisions
Statutory provisions referenced in this guide: