Regulatory updates - India

On 3 October 2023, the Goods and Services Tax Network (GSTN) in India published its advisory on downloading of invoices in JSON format from the GST portal.

From now on, taxpayers in India are able to both manually view and download JSON e-invoices, as well as automatically fetch these through GST Suvidha Provider or an Authorized Intermediary.

Important aspects of the new functionality

•  The GST Portal combines e-invoices reported across all six IRPs,
• Invoices are available only for up to 6 months from the date of IRN generation.

The GSTN’s announced FAQ  provides further access and guidance on the download functionality and its practical applications.

On 13 September 2023, the Goods and Services Tax Authority (GSTN) in India announced that taxpayers will have a 30-day window to report e-invoices from 1 November 2023 onwards. This new regulation applies to taxable persons with annual aggregate turnover (AATO) greater than INR 100 crores (ca. EUR 11 million).

The IRP portal passes validations that prevent taxpayers from reporting electronic invoices surpassing 30 days. For instance, an invoice with a date equivalent to 1 November 2023 will not be allowed to be reported after 30 November 2023.

The GSTN also clarifies in the announcement that all document types will be in the scope of this new requirement: invoices, credit notes, and debit notes.

Currently, the Goods and Services Tax (GST) is taking steps to implement e-invoices, which will eventually lead to the dispensing of the e-way bill system. Taxpayers with turnovers above INR 1.5 crores (ca. EUR 168 000) will be mandated to use e-invoicing as part of the initiative. Moreover, the new requirement will probably affect taxable persons mentioned from next year onward.

Since the government began implementing e-invoicing a few years ago, the scope has grown gradually. The proposed change to lower the turnover threshold to INR 1.5 crores would bring more businesses under the ambit of e-invoicing. However, a formal announcement has not yet been made by the government.

According to the Notification, as of 1 August 2023, all businesses with turnovers exceeding INR 5 crores (ca. EUR 560 000) must integrate their systems and clear invoices via the IRP platform before sharing invoices with customers.

Notification No. 10/2023 is available here.

The Goods and Services Tax Network of India announced its advisory on imposing a timeline for invoice reports through the IRP Portal.

The advisory covers an imposition of a time limit on old invoices reporting within the e-invoice IRP portals for taxpayers with Annual Aggregate Turn Over (AATO) more or equal to INR 100 crores (ca. EUR 11 million).

The report of invoices issued in seven days or more will not be allowed on the reporting date for taxpayers.

This limitation applies to all document types (including credit/debit notes) for which IRN is to be generated.

The 7-day timeline requirement is proposed to take effect from 1 May 2023.

India uses a clearance CTC model centered around the mandatory infrastructure Invoice Registration Portal (IRP). The gradual lowering of the threshold for electronic invoicing is a means of getting more taxpayers to transmit e-invoices and tax data using IRP.

Since 1 April 2022, taxpayers with revenues of INR 20 crores (ca. EUR 2,4 million) are obliged to issue e-invoices. The new mandate would be the fifth segment of a now 5-part gradual roll-out that started in 2020.

Lowering the threshold amount will also coincide with the Indian Goods and Services Tax Council’s objective to introduce five new IRPs, further expanding the scope and facilitating electronic invoicing for the taxpayers.

On 28 and 29 June, the GST council met for a monthly discussion on collecting higher tax revenues monthly. The premise of adding additional invoice registration portals is to facilitate invoice flow in higher numbers and at greater speeds. Furthermore, the Indian government would like to use this initiative as a means of further shrinking tax revenue leaks.

The Goods and Service Tax Network (GSTN), which manages the GST portal in India from an IT perspective, has contacted four separate companies to develop the new invoice portals. Expanding their number allows a more stable invoice verification and provides variety for enterprises to choose the most effective portal for their needs.

Half of the legally registered businesses in India issued electronic invoices in 2021. With the introduction of more IRPs, the Indian authorities expect to broaden the scope of e-invoicing, promote transparency within billing schemes and curb tax evasion.

Currently, India uses a clearance CTC model centred around the mandatory infrastructure Invoice Registration Portal (IRP). The gradual lowering of the threshold is a means of getting more taxpayers to transmit e-invoices and tax data using the mandatory portal.

Since 1 April 2021, taxpayers with revenues of INR 50 crores (ca. 5,6 million EUR) are obliged to issue e-invoices. The new mandate will be the fourth segment of a now 4-part gradual roll-out, started in 2020.

Pagero has provided additional information regarding India’s e-invoicing mandate requirements in earlier publications.

It may be recalled that implementation of dynamic QR code was mandatory for B2C transactions in respect of companies with over INR 500 crores (approx. 58 million EUR) turnover with effect from 1 December 2020.

The Indian Government had already previously announced a grace period ending on 31 March 2021. This grace period has now been extended by Notification No. 06/2021, which effectively waives fees for non-compliance with the application of QR codes on B2C invoices.

With several factors impacting the implementation of the mandate, here’s a look at the latest developments from the government and why e-invoicing is the first step in bringing real benefits and opportunities for taxpayers in India.

The pressure is on for taxpayers in India

From the Indian government’s sudden changes to e-invoicing legislation to the impact of the global pandemic, taxpayers in India are facing immense pressure to comply and adapt their businesses under unpredictable circumstances.

Extensions to the e-invoicing mandate have given businesses more time to search for and wisely consider investments in solution providers that allow compliant transactions via the GST Invoice Registration Portal (IRP).

Impacts of expanding the mandate scope

From the government’s perspective, expanding the scope of the e-invoicing mandate to include all businesses with an annual turnover of 50cr from 1 April 2021 will result in huge improvements for business-to-business (B2B) tax collection. Beyond that, the audit process is simplified by automating the tax compliance element and enables businesses to process paperless returns. This supports taxpayers in their digital journey by optimising their IT environment.

For taxpayers, implementing e-invoicing helps minimise credit losses, reduce processing times and decrease costs associated with invoicing processes. Replacing manual intervention with automated processes allows taxpayers more time to focus on the core elements of their business. By reallocating resources away from manual tasks, businesses can better manage internal data associated with their invoices and customer relationships.

What should taxpayers be aware of?

Currently, the Indian e-invoicing infrastructure only regulates clearance of invoices via the IRP. With no regulation of invoice distribution between issuer and receiver, post-clearance businesses still have to generate PDF or paper documents.

Enabling the creation of e-invoices is a great step forward in digitialising business document flows. However, until there is a distribution mechanism in place, businesses will not get the full the benefits of digital communication, such as improved efficiency and data accuracy.

There are still certain regulations within the infrastructure that remain unclear, including those surrounding e-signature and invoice triplicate.

Current landscape

The road to implementation was initially bumpy, with a shift in dates and minimum thresholds increasing from 100cr to 500cr. Even so, implementation has been a success so far. Since October 2020, invoice generation has totalled 16.08cr from over 37,000 different taxpayers, with 6.03cr generated in December alone.

Expanding to businesses above 50cr revenue means the volume of e-invoices generated in India is going to grow exponentially. As a strong step forward in digitalising the B2B landscape in India, the threshold will inevitably change throughout the year. Being ready for any possible changes within the infrastructure is vital for all businesses to stay compliant and consistently meet the requirements put in place by the Indian government.

Update on Pagero in India

Pagero went live with our connection to IRP in September 2020, supporting several customers with mandatory B2B e-invoicing in India. Businesses using Pagero’s services can already comply with the extended scope of the mandate without waiting for the official deadlines.