Hello Auditor

Are exports subject to VAT?

General VAT Treatment of Exports

  • Exports of goods are generally not subject to VAT under most state VAT laws in India
  • Such transactions are categorized as zero-rated sales, meaning tax is levied at 0%
  • Though VAT is not charged on the invoice, the dealer is still required to report the sale in VAT returns
  • Exporters are eligible to claim input tax credit or refund of VAT paid on purchases used in exports
  • The zero-rating mechanism is designed to make Indian goods competitive in international markets

Conditions for Claiming VAT Exemption on Exports

  • The goods must be physically exported outside India, supported by shipping bills and customs documentation
  • The sale should result in the movement of goods from India to a place outside India
  • A valid export order or contract must exist before the movement of goods
  • The dealer must file appropriate Form H (under CST rules) to support exemption claims
  • Export documentation such as bill of lading, airway bill, and foreign buyer invoice must be retained

Input Tax Credit and Refunds on Export Sales

  • Since exports are zero-rated, dealers can claim refund of VAT paid on input goods used for manufacturing or trading
  • Refunds are processed based on evidence of actual export and proper accounting of input VAT
  • Input tax refund helps avoid cost accumulation and ensures that export goods remain tax-free
  • Dealers may need to file a refund application with annexures and proof of tax payments
  • Delay or mismatch in documentation may lead to rejection or hold-up of VAT refunds

Documentation and Compliance Requirements

  • Exporters must maintain separate records for domestic and export sales
  • VAT returns must clearly reflect zero-rated turnover under the appropriate column
  • Form H is a critical requirement to validate that the sale qualifies as an export
  • Other compliance documents include purchase invoices, VAT paid challans, and customs clearance certificates
  • Inspections or audits may be conducted to verify refund claims and export legitimacy

Transition to GST and Its Impact on Export VAT

  • Under GST, exports continue to be zero-rated, but with a more streamlined refund system
  • Legacy VAT rules still apply to transactions before July 1, 2017, and are relevant for audits and disputes
  • Pending VAT refund applications related to exports must be pursued with the state VAT departments
  • Exporters who dealt in petroleum or alcohol may still encounter VAT on inputs, even post-GST
  • Understanding VAT rules on exports remains important for finalizing legacy cases and tax reconciliations

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