Implications of GST on Freight in case of Import and Export

Last Updated On: Dec. 7, 2021, 7:49 p.m.
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IMPLICATIONS OF GST ON FREIGHT IN CASE OF IMPORT AND EXPORT

What is Freight?

Freight charges is the cost of transportation services. According to the Business Dictionary, freight costs include packaging, palletizing, loading or unloading charges, carrier fees, and insurance costs.

 

 

What are the types of Freight?

  • Air Freight in respect of Import & Export of Goods. (Transport of Goods or Cargo by Air)
  • Ocean Freight in respect of Import & Export of Goods. (Transport of Goods or Cargo by ships)

 

 

Freight Of Ocean in case of Import of goods:

Transport of goods in a vessel including services provided or agreed to be provided by a person located in non- taxable territory to a person located in non-taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India.

Provided that credit of input tax charged on goods (other than on ships, vessels including bulk carriers and tankers) used in supplying the service has not been taken. However, this condition will not apply where the supplier of service is located in non-taxable territory.


Services supplied by a person located in non- taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India.

SAC Code: 9965

GST Rate: 5%

 

Supplier of service: Supplier of service is a person located in non-taxable territory.

Recipient of service:Importer, as defined in clause (26) of section 2 of the Customs Act, 1962(52 of 1962), located in the taxable territory.

 

Who is a recipient ?

As per the section 2(93) of the CGST Act, 2017 recipient means,

  • Where a consideration is payable for the supply of goods or services or both, the person who is liable to pay that consideration.
  • Where no consideration is payable for the supply of a service, the person to whom the service is rendered.
  • Where no consideration is payable for the supply of goods, the person to whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available.

 

Import of goods on CIF Value:

Under a CIF basis the freight is borne by the seller and not the importer. Here, the supplier will be the service receiver and not the importer.

Hence, it can be concluded that the importer is not liable to pay GST under reverse charge on such ocean freight expense, since the importer is not the service receiver.

 

Import of goods on FOB Value: 

Freight is borne by the importer. Accordingly, the importer will be the service receiver and the shipping company will be the service provider.

We will have to analyse the location of the shipping company. If the shipping company is located in the taxable territory, then, GST will be payable by the shipping company under forward charge.

In case,if the shipping company is located in a non-taxable territory. Then, in terms of serial no. 10 to notification no. 10/2017-Integrated Tax (Rate) dated 28th June 2017, GST will be payable by the importer under reverse charge mechanism (RCM).

 

FREIGHT OF OCEAN IN CASE OF EXPORT OF GOODS:

Service: –

Services by way of transportation of goods by a vessel from customs station of clearance in India to a place outside India.

SAC Code: 9965

GST Rate:

NIL (Up to 30th Sep, 2022) (As per Notification No. 7/2021-Central Tax (Rate) 30.09.2021)

 

AIR FREIGHT IN CASE OF IMPORT OF GOODS:

Services by way of transportation of goods by an aircraft from a place outside India up to the customs station of clearance in India.

SAC CODE:9965 and GST rate: NIL

 

AIR FREIGHT IN CASE OF EXPORT OF GOODS:

As per the Entry No. 19A (Added by Notification No. 2/2018-Central Tax (Rate) 25.01.2018) of Notification No. 12/2017-Central Tax (Rate) 28.06.2017 GST Rate & SAC code are as under.

Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India.

SAC Code: 9965

GST Rate: NIL (Up to 30th Sep, 2022).

 

 

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