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AI & Technology Tax Advisory

Tax advisory for AI-driven businesses — GST on AI/SaaS tools under the OIDAR rules (s.2(17) IGST Act 2017), TDS on payments to overseas technology providers, PE exposure from remote service delivery, and VDA/token income characterisation under s.2(47A) IT Act 1961.

Starting from Discuss with usTypical timelineAI Tax Advisory

Tax advisory for AI-driven companies: OIDAR GST on imported AI/SaaS tools (s.2(17) IGST Act 2017), TDS on overseas technology payments (s.194J/s.195), PE exposure from remote delivery, and VDA/token characterisation under s.2(47A) IT Act 1961.

What is included
  • GST treatment of imported AI/SaaS tools and OIDAR reverse charge analysis
  • TDS opinion on software licences, subscriptions, and overseas vendor payments
  • PE exposure review for remote/AI-driven service delivery into India
  • VDA (crypto/token) income characterisation and tax computation
  • Tax-efficient structuring of the AI product (SaaS, licensing, marketplace)
  • Written opinion with citations, ready for the auditor or tax officer
Documents required
  • AI/SaaS vendor contracts and subscription invoices
  • Export/import service agreements and payments schedule
  • Revenue model note (subscription, licensing, usage-based)
  • Token/crypto transaction history if applicable
Government fees

See the fee table below for the statutory filing charge and common delay logic.

Legal basis
  • Section 2(17) of the IGST Act 2017 (OIDAR)
  • Section 194J of the Income-tax Act 1961
  • Section 195 of the Income-tax Act 1961
  • Section 2(47A) of the Income-tax Act 1961 (VDA)
  • Section 5(2) of the Income-tax Act 1961 (taxation of non-residents)

Process

How the service works

The workflow is built to be predictable: document collection, legal review, filing, and post-filing follow-through.

Step 1Map

Map the revenue and cost stack

We map your AI product's revenue model (SaaS, licence, marketplace) and its vendor stack (overseas AI tools, cloud, models) so every flow gets a tax characterisation.

Step 2GST

Run the GST OIDAR analysis

We test each imported service against the OIDAR definition in s.2(17) IGST Act 2017 — automated, delivered over the internet, essentially automated — and compute the reverse-charge liability.

Step 3TDS

Run the TDS analysis

We classify overseas payments: s.194J for software/services to residents, s.195 for payments to non-residents, and the 15CA/15CB route for remittance.

Step 4Risk

Assess PE and characterisation risk

We review whether your AI services create a permanent establishment exposure in India or abroad, and characterise token/VDA income under s.2(47A) and s.115BBH.

Step 5Opinion

Deliver the written opinion

We issue a written advisory with section citations and the computation of any GST/TDS/VDA impact, structured so your auditor and tax officer can follow it.

Step 6File

Execute connected filings

If the opinion concludes in a filing — GSTR-3B with reverse charge, 15CA/15CB, 26Q — we prepare and file it and keep the acknowledgement trail.

AEO summary

AI & technology tax advisory covers the four tax questions an AI company actually hits: GST on imported AI/SaaS tools (OIDAR — s.2(17) IGST Act 2017), TDS on overseas software and licence payments (s.194J, s.195), whether AI usage creates a PE (permanent establishment), and how crypto/token income is taxed under s.2(47A) IT Act 1961. It is advisory — the filings that follow depend on the answers.

The four tax questions every AI company hits

The GST question: imported AI and SaaS tools are OIDAR services under s.2(17) of the IGST Act 2017, attracting reverse-charge IGST for B2B importers — payable in GSTR-3B by the 20th, creditable as input credit. The TDS question: payments to overseas technology providers for software, royalties and technical services fall under s.195 (non-resident) or s.194J (resident), with the DTAA rate often available only if the vendor holds a TRC and Form 10F.

The PE question: s.9(1)(i) of the Income-tax Act 1961 and the DTAA Article 5 test whether your AI services create a permanent establishment in a market where you sell remotely. The VDA question: if the product touches tokens or crypto, s.2(47A) and s.115BBH impose a flat 30% on transfers, so the characterisation of every flow decides the rate.

  • OIDAR — s.2(17) IGST Act 2017, reverse charge on B2B import, 20th of following month
  • TDS on non-residents — s.195 read with s.9(1)(vi)/(vii), treaty rate needs TRC + Form 10F
  • TDS on residents — s.194J at 2% on fees for technical services (other than professional services) and royalty; 10% on professional services — Finance Act 2023, w.e.f. 1 April 2023
  • PE — s.9(1)(i) IT Act 1961 + DTAA Article 5, tested on actual footprint
  • VDA — s.2(47A) definition; 30% flat tax under s.115BBH on transfers

Why the advisory comes before the filings

Most AI-company tax failures are classification failures: a subscription treated as a normal business expense when it is an OIDAR import; an overseas licence treated as fully exempt when TDS under s.195 should have been deducted; a token sale booked as revenue when s.115BBH imposes 30%. Each misclassification shows up years later in an assessment, with interest from the original due date.

The advisory fixes the classification up front. We issue a written opinion with citations that your auditor can rely on and that you can attach to the connected filings — GSTR-3B reverse-charge entries, 26Q, and 15CA/15CB — so the paper trail matches the opinion from the first invoice.

  • Misclassified OIDAR import → reverse-charge IGST + 18% interest under s.50 CGST
  • Missed s.195 TDS → assessee in default, s.201(1A) interest, s.271C penalty
  • Wrong token characterisation → 30% s.115BBH instead of business rate
  • PE not tested → exposure in the foreign jurisdiction, double taxation

Government fees

Fee breakdown

ItemFeeNotes
Professional opinionDiscuss with usProfessional fee for the advisory; no government fee for the opinion itself.
Connected filing (GST/TDS/15CA)As per portal scheduleApplies only if the advisory concludes in a filing we execute for you.

Timeline

Typical turnaround

Typical timeline usually means a 1–3 weeks per opinion turnaround, assuming documents are complete and any board or shareholder approvals are already in place.

Pricing note

Priced per opinion or per tax-issue review — advisory scope, not a portal filing.

FAQ

Frequently asked questions

Do I pay GST on foreign AI tools like OpenAI or cloud services?
Yes, in most cases. Software and data services delivered online to an Indian business from overseas are online information and database access or retrieval (OIDAR) services under s.2(17) of the IGST Act 2017. For B2B supplies the recipient self-assesses IGST under reverse charge (s.5(3) IGST Act 2017 read with the relevant notification) and can claim it as input credit — so the cost is cash-flow, not final, for a GST-registered company.
What TDS applies when I pay a foreign software vendor?
Payments to a non-resident for software, technical services or royalties are generally taxable in India under s.9(1)(vi)/(vii) of the Income-tax Act 1961, and you must deduct TDS under s.195 before remitting. Whether the rate is 10% (s.194J for residents, or treaty rate for non-residents) or higher depends on the nature of the payment, the DTAA, and whether a lower-withholding certificate under s.197 has been obtained. The remittance itself needs Form 15CA/15CB per Rule 37BB.
Can using AI tools create a permanent establishment for my company?
Using AI tools as a customer does not by itself create a PE — PE under s.9(1)(i) of the Income-tax Act 1961 and Article 5 of the relevant DTAA arises from a fixed place of business, a dependent agent, or significant digital presence. The risk is different when you sell AI services into a foreign country: remote delivery does not automatically create a foreign PE, but a local sales agent, office, or significant server presence can. We test your actual footprint, not the theory.
How is income from tokens or crypto taxed?
Virtual digital assets (VDA) are defined in s.2(47A) of the Income-tax Act 1961, and income from transferring a VDA is taxed at a flat 30% plus cess under s.115BBH, with no deduction except cost of acquisition. Losses cannot be set off against other income. If your AI product issues or transacts in tokens, we determine whether each flow is a VDA transfer (30% under s.115BBH) or a service/sale of goods (normal business income) — the characterisation changes the rate dramatically.
What is the deadline impact if I get the GST or TDS treatment wrong?
GST reverse charge on OIDAR is payable by the 20th of the month following the month of supply via GSTR-3B, and interest at 18% p.a. under s.50 of the CGST Act 2017 accrues on late payment. TDS not deducted triggers s.201(1) treating you as assessee in default, interest under s.201(1A), and a penalty under s.271C equal to the TDS amount. An advisory that classifies the flows correctly before the first invoice is cheaper than the correction later.
How long does an AI tax opinion take?
A focused opinion on one issue (say, OIDAR treatment of one tool or the TDS rate on one vendor) typically takes 1–2 weeks once we have the contracts. A full review covering GST, TDS, PE and token income across the business takes 3–4 weeks. The written opinion is delivered with citations so it stands up in an audit or assessment.

Canonical reference: https://www.pvtltd.co/services/ai-tax-advisory

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