GST Applicability & Tax Rates on Research & Development

GST Applicability & Tax Rates on Research & Development

📘 GST Applicability & Tax Rates on Research & Development (R&D) in India

The Goods and Services Tax (GST), introduced in India in 2017, unified multiple indirect taxes into a single, coherent system. However, its implications vary across sectors — and Research & Development (R&D) is one such field where applicability and compliance require special attention.

Whether R&D services are delivered in-house, outsourced, or exported, understanding how GST applies, the tax rates, and compliance obligations is essential for ensuring accuracy and availing potential tax benefits.


🧪 What Constitutes Research & Development Under GST?

R&D refers to activities that involve investigation, experimentation, or innovation aimed at developing new products, processes, or services. Under GST, R&D services fall under the broader classification of:

📂 SAC Code 9983 – Other professional, technical and business services, which includes:

  • Scientific and technical research services

  • Industrial and manufacturing research

  • Software development and testing

  • Biotechnology or pharmaceutical R&D

  • Prototype design and feasibility studies

These services may be rendered in various sectors such as pharmaceuticals, IT, automotive, aerospace, academia, or public research bodies.


💡 Applicability of GST on R&D Activities

1. R&D Services Within India (Domestic Transactions)

Any R&D service provided by a business entity to another within India is considered a taxable supply of service under GST.

🧾 Tax Rate:
18% GST (9% CGST + 9% SGST) or 18% IGST for inter-state transactions

🧮 Input Tax Credit (ITC):
Available on goods and services used to carry out R&D activities, such as lab equipment, software, consultancy, etc., provided the final output is taxable.

📌 Example:
A biotech firm in Hyderabad provides contract research services to a pharma company in Mumbai. Since it's an inter-state service, IGST at 18% applies.


2. Export of R&D Services (Outside India)

If R&D services are provided to a foreign entity and payment is received in convertible foreign exchange, it qualifies as an export of service, which is considered a zero-rated supply under GST.

🌍 Tax Rate:
0% GST

🚀 Benefits:

  • Can export without paying GST by furnishing a Letter of Undertaking (LUT)

  • Alternatively, pay IGST and claim refund through GST portal

📌 Conditions for Export:

  • Supplier of service is located in India

  • Recipient is located outside India

  • Place of supply is outside India

  • Payment is received in convertible foreign exchange

  • Supplier and recipient are not merely establishments of the same person

📄 Example:
An Indian AI startup provides R&D consulting to a UK-based firm and receives payment in GBP. This qualifies as export of services and can be zero-rated with LUT.


3. R&D for Government and Public Institutions

Services rendered to central or state government departments may attract GST unless specifically exempted by notification.

📎 General Rule:
Most technical and professional services provided to government bodies are taxable at 18%.

⚠️ Exception:
If R&D is part of a project notified under exemption (such as projects under specific government research schemes), exemption from GST may apply.

📌 Recommendation:
Carefully check government circulars and project documentation to confirm exemption eligibility.


🏗️ GST for R&D Units in SEZs (Special Economic Zones)

Special Economic Zones offer tax incentives for exports, including R&D services.

When R&D services are provided TO an SEZ:
They are treated as zero-rated supplies, subject to specific conditions and documentation (such as endorsement from the SEZ authority).

When R&D services are received FROM an SEZ:
These are generally treated as inter-state supplies, and GST applies depending on the nature of the service.

📝 Documentation Required:

  • SEZ unit endorsement

  • LUT if applicable

  • Contract/invoice showing place of supply and classification


🔁 Reverse Charge Mechanism (RCM) in R&D

In certain cases, R&D entities in India procure technical or scientific consultancy from foreign vendors (e.g., patents, reports, outsourced lab analysis).

In such cases, the import of service attracts GST under reverse charge.

💼 Under RCM:

  • Recipient (Indian entity) pays IGST at 18%

  • Eligible to claim ITC on same, if service is used for taxable output


✅ Key Compliance Tips

🧾 Invoicing:
Include SAC code (usually 9983), proper HSN/SAC description, and place of supply

📌 Maintain LUTs:
For exporters, update and renew your LUT annually

💳 Track Foreign Exchange:
Keep FIRC and contract copies for zero-rated supply documentation

📤 Timely Filing:
File GST returns (GSTR-1 and GSTR-3B) with accurate outward supply data

🗂️ Refund Claims:
Track and apply for GST refunds on exports or input credits within the prescribed timelines


📣 Conclusion

In the fast-evolving landscape of innovation, GST compliance for R&D services is not just a regulatory requirement — it's a strategic tool. Proper classification, claiming eligible input credits, and leveraging zero-rated benefits on exports can result in significant tax savings and improved operational efficiency.

Organizations engaged in R&D, whether in life sciences, IT, or industrial technology, should proactively work with tax consultants to ensure full compliance and capitalize on available benefits under the GST framework.





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Operation Head at TAXAJ

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