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If you’re a foreign business providing online digital services to consumers in India, OIDAR compliance is not just optional-it’s mandatory. Startup Movers takes over the entire process, so you stay compliant, stress-free, and focused on growth.

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What is OIDAR Service

OIDAR stands for Online Information Database Access and Retrieval services. These include services delivered over the internet with minimal or no human intervention

OIDAR services under GST Law refers to digital or electronic services delivered online, such as streaming platforms, SaaS subscriptions, online gaming, and cloud-based services.

Some examples of OIDAR Service

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  • Online video or audio streaming (e.g., Netflix, Spotify)
  • Cloud-based software access (e.g., Adobe Creative Cloud)
  • E-learning courses and digital libraries
  • Online advertising platform
  • Website hosting and domain purchases
  • Online Gaming

Who is Liable to Pay Tax in GST Tax Laws Under OIDAR Services

If you're a foreign entity providing online services to India, or an Indian startup using global digital tools, understanding OIDAR GST liability is crucial.

Services provided to GST Registered Indian Entity Taxable under Reverse Charge: Indian Entity will pay GST

Services provided to Unregistered person: Individual, Government, Local Authority, any Indian Entity Taxable under Normal Charge: Foreign entity will pay GST

This page outlines who pays the tax under different scenarios, including B2B, B2C, intermediaries, and reverse charge cases.

Scenario Example Who Pays What Why
1. B2C ABC Plc., a foreign company, offers an online course from the USA to Rahul, an unregistered user in India ABC Plc.. (foreign OIDAR provider) pays IGST Under Section 14 of IGST Act, foreign suppliers must register and pay GST when supplying to unregistered individuals
2. B2B XYZ Ltd (GST-registered Indian company) buys cloud storage from CloudCo (US-based) XYZ Ltd pays GST under Reverse Charge B2B imports of services require GST payment by recipient under RCM
3. Platform Intermediary Google Play Store (foreign platform) aggregates and sells mobile apps and digital content to Indian users Google Play Store pays IGST Platforms like Google Play that facilitate supply, collect payment, and control delivery are treated as deemed suppliers under GST law and must pay IGST.
4. Freelancer (Registered) Ankita, a GST-registered freelancer, buys design templates from SkillStream (Canada) Ankita pays GST under RCM B2B rule applies — registered recipients pay GST on imported digital services
5. Free Services CloudSync Ltd. (USA) offers 6 months free cloud storage to Indian users No GST (if truly free) No consideration = no supply under GST; but conditions apply if bundled/charged later or supplied to Related Person
6. Indian Branch Office MusicPro (US-based) opens a branch in India and offers streaming services Indian branch collects & pays GST Once a branch exists in India, it is treated as a local supplier under GST law

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Eligibility for OIDAR GST Registration

If you are a non-resident online service provider delivering digital services (like e-learning, cloud storage, streaming, etc.) to unregistered users in India, you must register under GST, irrespective of turnover.

Applicable under Section 14 of the IGST Act.

GST Registration must be done using Form GST REG-10

OIDAR Return to Be Filed

Registered OIDAR service providers are required to file:

GSTR-5A (Monthly Return for Online Information and Database Access or Retrieval services by non-residents).

This must be filed on or before the 20th of the following month.

Documents Required for OIDAR GST Registration

  • Certificate of incorporation or business registration document
  • Bank account details
  • Passport or Tax Identification Number (TIN) of the authorised signatory
  • Valid email ID and mobile number
  • Address proof of principal place of business (outside India)
  • Authorisation letter for appointing an Indian GST representative

Post-Registration Compliance

Once registered under GST for OIDAR services, you must:

  • Issue GST-compliant invoices for all taxable supplies
  • Collect and remit IGST from unregistered Indian users
  • File GSTR-5A monthly without fail
  • Appoint a local representative in India for communication and notices
  • Maintain proper records for at least 72 months from the due date of each return

Penalty for Late Filing or Non-Filing

Once registered under GST for OIDAR services, you must:

  • ₹200/day late fee (max ₹10,000)
  • ₹10,000 or tax evaded (whichever higher) as penalty under Section 122
  • 18% annual interest on unpaid tax
  • Risk of service blockage by Indian intermediaries

Applies even to foreign suppliers via Indian representatives.

4 Steps To Easy OIDAR Registration!

Make your OIDAR registration simple with 4 quick steps!

Check Your Eligibility

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Build the Team

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Draft & File

Submit Your Documents

Price & Pitch

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You Stream, We File. You Code, We Comply.

We make GST for foreign service providers hassle-free, penalty-proof, and paperless.

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How Startup Movers Makes OIDAR Compliance a Breeze

Whether you're in Berlin or Boston, we help you stay GST-compliant in India—without setting foot here.

Step 1
Register You Under GST in India

Forget Indian bureaucracy nightmares. We’ll get you registered as a Non-Resident OIDAR provider—no Indian address? no problem.

Step 2
File Your GSTR-5A—On Time, Every Time

We’ll ensure your returns are filed before the 20th of every month. You focus on scaling; we’ll handle the spreadsheets

Step 3
Appoint a Local GST Representative

No need to chase someone in Delhi—our team acts as your official point of contact with the Indian tax departmen

Step 4
Handle IGST Collection, Invoicing & Reconciliation

We’ll help you generate compliant invoices and guide you on how to charge and remit IGST correctly.

Step 5
Keep You Safe from Penalties

No more guessing games. We make sure you’re 100% compliant, so you never see a surprise ₹10,000 fine in your inbox

Step 6
Post-Registration Compliance

We stay with you beyond registration—filing returns, sending reminders, and keeping you updated on every OIDAR-related change that matters.

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Frequently Asked Questions

Need answers? Browse our FAQs for quick guidance!

In the case of OIDAR services, when provided by a supplier located outside India to an unregistered individual (B2C) in India, the foreign supplier is liable to pay GST. This ensures tax parity between foreign and Indian digital service providers.

Yes, OIDAR registration is mandatory under GST for foreign service providers supplying digital services to unregistered individuals (B2C) in India. In this case, the foreign supplier is liable to pay GST under the normal charge mechanism, and must obtain GST registration in India—irrespective of turnover.

However, if the OIDAR services are supplied to registered businesses in India (B2B), then the Reverse Charge Mechanism (RCM) applies. In such cases, the Indian recipient is liable to pay GST, and the foreign supplier does not need to register.

The primary difference lies in what is being sold and how the service is delivered:

  • E-commerce involves supply of goods/services via online platforms like Amazon, Flipkart, Zomato, or Urban Company. It involves a digital medium for the transaction, but the actual product or service is often delivered physically or performed in person.
  • OIDAR deals exclusively with digital, automated services that are completely automated and require minimal or no human intervention. These services include: Streaming platforms (e.g., Netflix, Spotify) Online courses and e-learning Cloud storage Downloadable software Online advertising Subscription-based services

Yes, in B2B cases (where the Indian recipient is registered under GST), RCM on OIDAR services applies.

The recipient in India must pay GST under the Reverse Charge Mechanism.

The OIDAR services GST rate is 18%, which applies to most digital and online services provided under this category.

No, TDS on OIDAR services does not typically apply when services are provided by a non-resident without a physical presence in India.

However, businesses should evaluate case-by-case based on how payments are structured.

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