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Profit sharing arrangements gst

Madhavan iyengar

A Company X in india exports its products ie goods to its holding company B in Germany at say ₹ 100 and the German company in turn sells them to its customers in Europe at ₹ 100 + margin

Now there is a arrangement between company X and its holding Company B In germany that of goods are sold above ₹ 100 /- then the excess of ₹ 100 will be shared between X in India and B in germany in ratio of 75: 25 is X will get 25% of the excess

Now this excess of 25% which X receives as per arrangement will it be non gst supply being a profit sharing arrangement

experts please clarify

Profit-Sharing on Export Goods Between Indian and German Companies Not Subject to GST Due to Zero-Rated Nature A company in India, X, exports goods to its German holding company, B, at a base price. If the goods are sold in Europe above this price, the excess is shared between X and B in a 75:25 ratio, with X receiving 25%. The query is whether this profit-sharing arrangement is subject to GST. Responses suggest that GST is not applicable as it pertains to export income, which is typically zero-rated, and the profit share is considered 'other income,' not requiring inclusion in GST returns. (AI Summary)
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Ganeshan Kalyani on Dec 30, 2019

In my view, GST is not applicable. This is because the amount is received toward export of goods.

Mahadev R on Dec 30, 2019

As it is towards export of goods, there should not be any GST impact.

Madhavan iyengar on Dec 30, 2019

Thanks for the replies

In case it is treated as consideration towards sale of goods then it has to be shown as zero rated supplies ie exports and disclosed in GST returns

But since it is a profit sharing arrangement whether it is a supply at all

Ganeshan Kalyani on Dec 30, 2019

In my view, it is 'other income' and not subject to GST. No need to show in GST return.

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