OIDAR — Online Information and Database Access or Retrieval — is a special category of services defined under Section 2(17) of the IGST Act, 2017 covering digital services delivered over the internet or an electronic network with minimal human intervention and essentially impossible to render without information technology. When an overseas provider supplies OIDAR services to Indian recipients, a unique tax framework kicks in — the foreign supplier is generally required to register and pay GST in India on B2C supplies, while B2B supplies are taxed in the hands of the Indian recipient under the reverse charge mechanism (RCM).
Typical OIDAR services include cloud storage and SaaS subscriptions, streaming of music, movies, and video content, e-books and digital magazines, online gaming, digital advertising, online courses and MOOCs, digital data or information retrieval, mobile app purchases, and domain / hosting services. The 2023 amendment in the Finance Act significantly widened the definition by removing the "essentially automated" and "minimal human intervention" conditions, bringing a much broader set of digital services into the OIDAR net — making proper classification, registration, and compliance more critical than ever for both overseas providers and Indian users of such services.
We offer end-to-end OIDAR GST Services — from classifying whether a service qualifies as OIDAR, handling foreign supplier registration under Form GST REG-10, appointing an Indian authorised representative, filing monthly GSTR-5A returns, advising Indian B2B recipients on reverse charge liability, managing ITC eligibility, and handling OIDAR audits / notices from the GST department — so that both foreign service providers and Indian enterprises operate within a fully compliant and tax-efficient OIDAR framework.
Sec 2(17)
IGST Act OIDAR definition
REG-10
OIDAR registration form
GSTR-5A
Monthly OIDAR return
18% IGST
Standard OIDAR GST rate
Laws & Frameworks We Work Under
IGST Act – Sec 2(17)
IGST Act – Sec 14
Place of Supply Rules – Sec 13
Finance Act 2023 (OIDAR)
Form GST REG-10
Form GSTR-5A
Reverse Charge Notifications
CGST Rules – Rule 14 / 64
FAQs on OIDAR Services
What does OIDAR mean under Indian GST?
OIDAR stands for Online Information and Database Access or Retrieval — defined under Section 2(17) of the IGST Act as services whose delivery is mediated by information technology over the internet or an electronic network, and the supply of which is essentially impossible to render without that technology. Typical OIDAR services include cloud and SaaS subscriptions, streaming of music and video, e-books, online gaming, digital advertising, online courses, database access, and web hosting. The Finance Act 2023 widened the definition by dropping the earlier "essentially automated" and "minimal human intervention" filters, bringing a broader sweep of digital services into the OIDAR framework.
Who pays GST on OIDAR services — foreign supplier or Indian recipient?
It depends on the recipient's profile. Where the Indian recipient is a GST-registered business (B2B), GST is paid by the Indian recipient under the reverse charge mechanism, because the supply is treated as an import of services. Where the recipient is a non-business user — an individual, a government body, or any non-taxable online recipient (B2C) — the foreign supplier is required to register in India under Form GST REG-10 and pay IGST itself. Correct classification of each customer as B2B or B2C is therefore central to OIDAR compliance and is typically built into the provider's billing system.
What is the GST rate on OIDAR services?
Most OIDAR services attract IGST at the standard rate of 18%. Since the place of supply for OIDAR is deemed to be the location of the recipient in India under Section 13(12) of the IGST Act, IGST applies on the full taxable value of the supply. Certain specific categories of digital content — such as online gaming with betting elements or specified digital services — may attract different treatment or different rates as notified from time to time. We help OIDAR providers and recipients confirm the correct applicable rate based on the exact nature of service and latest notifications.
How does a foreign OIDAR provider register under GST in India?
A foreign OIDAR provider applies for GST registration electronically in Form GST REG-10, submitting its overseas incorporation documents, tax identification number, and details of an India-based authorised representative with a valid Indian PAN. The provider is not required to have a physical establishment in India. Upon successful verification, the GST portal issues a centralised OIDAR GSTIN covering all-India supplies. Once registered, the provider files Form GSTR-5A every month disclosing B2C supplies made to Indian recipients along with the applicable IGST paid. Our team supports the entire registration and ongoing compliance cycle.
What is GSTR-5A and when is it filed?
GSTR-5A is the dedicated monthly return filed by OIDAR service providers registered under GST REG-10. The return captures details of taxable OIDAR B2C supplies made during the month to Indian non-business recipients, along with the applicable IGST paid through the portal. It is generally due by the 20th of the following month. Unlike regular returns, GSTR-5A does not support claim of input tax credit — it is primarily an output-side disclosure and payment return. We ensure timely GSTR-5A filing every month along with proper reconciliation to the provider's billing and accounting systems.
Are Indian businesses liable for RCM on foreign SaaS / digital services?
Yes, typically. When a GST-registered Indian business subscribes to OIDAR / digital services from a foreign supplier — for example, cloud platforms, design software, analytics tools, or foreign ad platforms — the supply is treated as an import of services. IGST becomes payable by the Indian recipient under reverse charge, through a self-invoice under Section 31(3)(f) of the CGST Act, and disclosure in the relevant tables of GSTR-3B. Subject to compliance with ITC rules (Section 16 / 17 / Rule 36-43), the IGST paid under RCM can generally be claimed as input tax credit in the same month.
Can a foreign OIDAR provider claim input tax credit in India?
No. OIDAR providers registered under GST REG-10 are generally not allowed to claim input tax credit on their inward supplies in India. GSTR-5A itself does not have a structured mechanism for claiming ITC. For this reason, most overseas OIDAR providers treat Indian GST as a pass-through cost — charging IGST on top of the subscription price and remitting it to the Indian exchequer, without any input-side offset. Pricing, contract structuring, and customer-facing tax language therefore play an important role in managing the net commercial impact of Indian GST.
What happens if a foreign OIDAR provider fails to register in India?
Failure to register under GST REG-10 and pay IGST on B2C OIDAR supplies exposes the foreign provider to the full machinery of GST enforcement — recovery of past tax with interest, penalty under Sections 122 and 125, and potentially blocking of access through coordination with payment aggregators and banks. The Indian GST department increasingly tracks cross-border digital consumption and is active in issuing notices to non-resident OIDAR operators. Voluntary registration combined with a clean back-period reconciliation is almost always a better commercial outcome than waiting for a departmental notice.
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