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Issue ID: 1437
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Service tax applicability on commission paid abroad

Date 22 Aug 2009
Replies 1 Reply
Views 1175 Views
Import of service: cross border commission payments are taxable unless exempt as used for export of service.
Commission paid to a party outside India is treated as an import of service and attracts service tax; however, where such imported service is used to provide services qualifying as export of service, an exemption can be claimed under the applicable notification (notification no. 18/2009). (AI Summary)

please confirm if service tax is applicable on commisions paid to parties whoes office are not in in India.

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Replied on Aug 22, 2009
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Yes, it is treated as Import of Service. But as per new scheme of service tax, if the same is used for export of service, you may claim exemption directly. See notification no. 18/2009

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