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AI market entry

Entering India as an AI Company

Everything an AI company needs to know about India's tax on digital sales — in plain English, on one page.

18%
On what you charge Indian consumers
₹0
Threshold before it applies
REG-10
Register with no Indian entity
20th
Monthly filing deadline
CA Parmod Bindal
Prepared by CA Parmod Bindal
Founder & Lead OIDAR Specialist · OIDARIndia™
Updated October 2026
India's dedicated OIDAR practice

Everything is on this page

Written so you do not need to open anything else.

Printable checklist

Start here: the 60-second version

If you sell an AI product to someone in India and they pay you, India wants 18% on that sale. You do not need an Indian company to comply, and there is no revenue level below which you can ignore it. The flow below is the whole decision.

You have a user in IndiaAre they paying you?(trial and free tiers count as no)NoNo GST yet.Track conversions.YesDid they give youa valid GSTIN?YesReverse charge.They pay the tax.You still report it.NoDoes a partner (telecom,marketplace, reseller) sellto the user, not you?YesPartner may bethe supplier. Settleit in the contract.NoYou are the supplier. Register and charge 18%.Register on Form GST REG-10 — no Indian entity or PAN neededCharge 18% IGST at checkout and show it on the invoiceFile GSTR-5A by the 20th every month, including nil monthsNo input tax credit — the 18% is remitted in full
Where your India obligation lands, in four questions.
The short version
  • Rate: 18%, charged on top of your price to Indian consumers.
  • Threshold: none. The first paying Indian user creates the obligation.
  • Registration: online, Form GST REG-10, no Indian entity or PAN.
  • Ongoing: one return a month, by the 20th, even in months with no sales.
  • Exception: business customers who give you a GSTIN pay the tax themselves.
1

What this tax actually is

Three things get confused constantly. Separating them takes a minute and saves a great deal of wasted effort.

What it taxesDoes it apply to you?
GST (OIDAR)The sale of your service to a person in IndiaYes, if you have paying Indian users. This is the whole subject of this page.
Income taxYour company's profitsGenerally no, unless you create a taxable presence in India — see section 11.
Tax treatyAllocates income-tax rights between two countriesIrrelevant here. Treaties cover income tax, not GST.

"OIDAR" is simply the label India uses for digital services supplied over the internet with little or no human involvement in delivery. Software and cloud subscriptions, APIs, apps, hosted models, online advertising and digital content all sit inside it. If a human does the substantive work and the internet is only the delivery route — bespoke consulting, a person reviewing each output — that is a different analysis.

The mental model
Think of it as a sales tax that follows the customer. It does not matter where your servers, your company or your team are. It matters where the person paying you is sitting. That single idea explains almost every rule below.
2

Does it apply to your product?

Most AI business models land inside the rules. Here is where each one sits.

What you sellCovered?What to watch
Consumer subscription (chat assistant, creative tool)YesThe clearest case. Charge 18% on conversion to paid.
API access, usage-based or per-tokenYesEach billing cycle is its own supply. Re-check GSTIN each time.
Seat-based team or enterprise planYesSeat additions mid-term are separate supplies.
Agent or workflow product that calls other toolsYesStill automated delivery. The chain behind it does not change your supply.
Model weights downloaded and self-hosted by the customerUsually yesDelivered digitally over the internet. Licence terms matter — take advice if this is your main line.
Bespoke model training delivered by your engineersOften noSubstantive human involvement points away from OIDAR, but a mixed contract needs splitting.
The grey zone, stated honestly
Products that mix automation with human support sit on a line. The question is which element the customer is actually paying for. A self-serve product with a help desk is automated. A consulting engagement with a dashboard attached is not. If your product genuinely sits in the middle, that is a judgement call worth taking advice on rather than guessing — the cost of getting it wrong compounds monthly.
3

The money: what you charge and what you keep

This is where founders get caught, because the decision looks like tax and behaves like pricing.

GST is designed to be added to your price and collected from the customer. You are a collector, not the payer — unless you choose to absorb it, in which case you are.

ApproachIndian customer paysYou remitYou keep
Add on top — $20 plan, tax added$23.60$3.60$20.00
Absorb it — India price stays $20$20.00$3.05$16.95

If the price is treated as including tax, the tax is backed out at 18/118, which is why absorbing costs you about 15% of India revenue rather than 18%. On a $20 plan that is roughly $3 per user per month — a real number once you have a few thousand Indian subscribers.

What to do
Decide before launch, not after. If you are running India-specific promotional pricing, model both columns. Show the tax as a separate line at checkout where you can — it is clearer for the customer, and it makes your own reporting far easier at month end. Invoices should show the amount in your currency with the Indian rupee equivalent.
One thing you cannot do
There is no input tax credit under this regime. The 18% you collect is remitted in full — you cannot offset your own costs against it the way an Indian business offsets its purchases. Do not build a model that assumes you will recover part of it.
4

Business customers work differently

Roughly half of a typical AI company's India revenue is business customers, and they follow a different route.

If your Indian customer is registered for GST and gives you their GSTIN — a 15-character identifier — you do not charge them tax. They account for it themselves under what India calls reverse charge, and because they are a registered business, they can usually recover it. You still report the sale in your monthly return; you simply do not collect the 18%.

If they do not give you a GSTIN, you treat them as you would a consumer: charge 18% and remit it.

Why your customers care about this
When you charge 18% under your own registration to a business that never supplied a GSTIN, that 18% is generally not recoverable by them, because it does not flow through their normal reconciliation. From their side it is simply a 18% price increase. When they do supply a GSTIN, the tax is recoverable. Making GSTIN capture easy and prominent at checkout is therefore a feature for your customers, not just a compliance chore for you.
Build it like this
Add an optional "Business — add GSTIN" field at checkout and in billing settings. Validate the format. Store it against the customer, and re-read it at every billing event rather than only at signup, because a customer's status genuinely changes mid-relationship. Also capture the customer's State for Indian customers: you are expected to record it on the invoice for online sales to unregistered persons.
5

Free tiers, trials and when the clock starts

Almost every AI company launches with a free tier. The rule here is simple and worth getting exactly right.

A free tier or trial creates no GST obligation. Nothing is being supplied for payment, so there is nothing to tax. The obligation starts at the exact moment a specific Indian user converts to a paid plan — not at signup, not at trial start, and not when India becomes commercially interesting.

The measurement mistake
Teams track Indian signups because that is what the growth dashboard shows. Signups overstate your exposure if the free tier is large, and miss it entirely if a handful of enterprise conversions happen quietly. What you need is a system event: first paid conversion, by user, by date, by country. If you cannot produce that from your billing system today, that is the first engineering task, before registration.

The practical consequence of a promotional India price is volume. Low price points are designed to convert at scale, so the month a promotion works is the month a theoretical obligation becomes a real and quantified one.

6

Do you need an Indian company?

No — and incorporating one does not remove the obligation either. This is the most commonly misunderstood point on this page.

Who contracts with and invoices the Indian customerWhat follows
Your foreign company, selling directlyOIDAR supply. The foreign company registers on REG-10 and files monthly. No input tax credit.
An Indian subsidiary you set upOrdinary Indian GST registration, standard returns, input tax credit available, heavier compliance.
Both, for different customersBoth obligations run at once. Each sale follows whichever entity made it.
The pattern that catches people
An AI company incorporates in India to hire engineers or sign partnerships, while billing stays with the parent on Stripe. The team assumes the Indian company has "taken care of India". It has not. Every sale still invoiced by the foreign entity remains an OIDAR supply needing the foreign entity's own registration. Decide which entity sells to whom, write it down, and keep billing aligned with that decision.
7

If a partner sells your product

Distribution in India increasingly runs through telecoms, app marketplaces and resellers. That moves the question of who is making the sale.

ArrangementWhat happens commerciallyWho handles GST
Resale / bundleThe partner buys access and includes it in its own plan, sets the end price and bills the userYour sale is to the partner. With their GSTIN, reverse charge applies. They handle the end user.
Listing / facilitationThe partner lists your product; the user is clearly buying from you; payment may route through themYour sale is to the end user. Whether the platform is treated as supplier depends on how it behaves.
ReferralThe partner sends users to you; you contract and bill directlyYours, in full. Their referral fee is a separate inbound cost.

India decides this on conduct — who sets the price, who owns the customer relationship, who takes the money, who the user thinks they bought from — not on what the contract calls the parties. An agreement describing a partner as a reseller will not produce resale treatment if you still set the price and bill the user.

Settle four things in the contract
Who supplies the end user; who registers, charges and remits Indian GST and from when; whether prices include GST and who absorbs a change in treatment; and who keeps the period-level records if either side faces an enquiry. An indemnity allocates the cost of being wrong — it does not stop the demand landing on whoever the law treats as the supplier.
8

How to register, step by step

The process is genuinely light. Allow two to three weeks from decision to being able to invoice correctly.

Gather five things

Certificate of incorporation, passport copies for directors or promoters, your home-country tax identification number, and authorisation for whoever signs — plus an Indian mobile number for verification. No Indian PAN, no Indian address, no local director, and no Indian bank account.

Check the name matches everywhere

The entity name must read identically across the incorporation certificate, passports and the application. Inconsistent spellings are the single most common cause of delay.

Apply on Form GST REG-10

This is the OIDAR-specific form — not REG-09, which covers a different category. You get a temporary reference number, complete the application, then receive an application reference number for tracking.

Answer any query within the window

If the officer asks for clarification you typically have about seven working days. Missing it usually means starting again rather than getting an extension, so diarise it the day you apply.

Receive your GSTIN

Approval typically takes seven to fifteen working days once a complete application is in. You are expected to apply before you start supplying, not after — so start about three weeks before your India launch.

Do you need a local representative?
No. An Indian authorised representative is optional — you can register and file directly, and you do not need an Indian bank account either. You do need an Indian mobile number for portal verification, which is the requirement most teams discover halfway through. Appointing a representative also makes bank account reporting required, so it is not a free convenience. The detail is set out in representative & bank account.
9

What you do every month

Once registered, the ongoing burden is one short return. The failure modes are predictable.

Separate your India sales

Split the month's Indian revenue into sales to unregistered customers (where you charged 18%) and sales to GSTIN-holding businesses (reverse charge). Both get reported; only the first carries your tax.

Convert to rupees consistently

Use one documented exchange-rate method and apply it the same way every month. Inconsistent rates between periods are an easy thing for a reviewer to pick up.

Pay, then file

The tax is paid through the portal before the return can be filed, not after. Leaving payment to the deadline day is how filings slip.

File GSTR-5A by the 20th

Every month, including months with no Indian sales — a nil return is still required. Filing is sequential, so one skipped month blocks every month after it.

Two traps worth knowing now
First, an annual plan paid upfront is generally taxed when the payment is received, not spread across the twelve months — so a large annual contract creates a large liability in one month, regardless of how your accounting recognises the revenue. Second, returns cannot be filed more than three years after their due date, so a gap left long enough stops being something you can file your way out of.
10

If you are already late

Many companies discover this page after selling into India for a year or two. The position is recoverable, and the maths favours acting now.

The liability already exists from your first Indian sale. Staying unregistered does not pause it. Three charges run together, not as alternatives:

ChargeWhat drives it
Late feePer return, per day late, capped
InterestAround 18% a year on unpaid tax, calculated daily — driven purely by elapsed time
PenaltyTiered by conduct: genuine error is treated differently from deliberate evasion
Why acting first matters
Interest is indifferent to intent, so delay has a running cost nothing later recovers. The penalty tier is the part still within your control: coming forward before any enquiry supports treatment as a genuine correction, which sits at the lower end. Once a notice arrives, that framing is gone and the department's view of intent becomes the starting point. Enforcement has also tightened — India now reconstructs foreign suppliers' India revenue from payment-processor and banking data, so non-registration is no longer invisible.
11

What this guide does not cover

Said plainly, because an India launch raises questions outside GST and you should know where the edge of this page is.

  • Permanent establishment. If you hire in India, open an office, or have people concluding contracts there, you may create a taxable presence for income tax. Different tax, different advisers.
  • Transfer pricing. If an Indian subsidiary provides services to the parent, the price between them has to be defensible.
  • Withholding on payments. Payments between India and your entity can attract withholding under the income-tax rules.
  • Data protection and sector rules. Outside tax entirely, and outside our scope.
Our scope
We are a GST practice and we advise on the subject of this page. The items above are real and they need an owner — we would rather say so than let an India entry plan look complete when it is only complete on one axis.
12

Checklist

If you do nothing else, do these in this order.

Before your first paid Indian user
  • Decide which entity sells to Indian customers, and write it down
  • Decide whether 18% is added on top of your price or absorbed — model both
  • Build GSTIN capture and State capture into checkout
  • Make "first paid conversion by country" a tracked system event
  • Apply on Form GST REG-10 about three weeks before launch
  • Set a recurring monthly task: pay, then file GSTR-5A by the 20th, nil months included
  • If a partner distributes your product, settle supplier status in the contract
  • Assign an owner for PE, transfer pricing, withholding and data questions

A printable version of this is on the checklist page.

Common questions

Does India's GST apply to an AI company with no office or entity in India?

Yes, if you have paying users in India. India taxes the supply, not your presence, so having no Indian company, office, bank account or staff does not place you outside the rules. The charge is GST — an indirect tax on the sale — not income tax on your profits, which is why your home country's tax treaty does not remove it. There is no minimum revenue before it applies: one paying Indian consumer creates the obligation. The rate is 18%, charged on top of your price. You register online using your home-country tax ID, with no Indian entity required, and then file a short return every month.

We only sell API access to developers. Is that still covered?

Yes. API access is a digital service delivered over the internet with minimal human intervention, which is exactly what the rules cover. What changes with API billing is not whether GST applies but how often you have to decide: usage-based billing creates a series of supplies rather than one, so each billing cycle needs its own treatment. A developer who signs up without a GSTIN is treated as a consumer and you charge 18%. If that same developer later supplies a valid GSTIN, charges from that point move to reverse charge and they account for the tax. Re-check status at each billing event, not only at signup.

What happens if we have been selling in India for two years without registering?

The liability already exists and it does not go away by staying unregistered — it accrues from the first sale you made while unregistered. Three charges then run together rather than as alternatives: a late fee per return, interest on the unpaid tax at around 18% a year calculated daily, and a penalty. Registering now does not create the past liability; what it changes is your position on the penalty, because coming forward before any enquiry generally supports the lower end of the range. Interest keeps accruing either way, so delay has a running cost that no later argument recovers.

Can we just add 18% to the price, or does it come out of our revenue?

Either, but you must decide deliberately. GST is designed to be charged on top of your price and collected from the customer, so a $20 plan becomes $23.60 to an Indian consumer and you remit the $3.60. If instead you keep the India price at $20, the tax is treated as included within it, so you remit roughly $3.05 and keep about $16.95 — a 15% cut to your India revenue. Neither is wrong, but the second is a pricing decision disguised as a tax decision, and it is better made before launch than discovered at the first filing.