Place of supply for licensing/assigning IP rights, the RCM test for cross-border royalty payments, and how the GST treatment interacts with the TDS already deducted on the same payment under the Income-tax Act.
Entity: ___ · GSTIN: ___ · Financial year ended: ___
Licensing or assigning the right to use IP (patent, trademark, copyright, know-how, franchise) is a supply of service under GST, not a supply of goods, even where the underlying IP is embodied in a physical medium. The temporary or permanent nature of the transfer determines the applicable rate/classification (SAC code) — verify whether the arrangement is a licence (temporary right to use) or a permanent transfer/assignment, since these are treated differently.
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