The five conditions (section 2(6), IGST Act)
- The supplier is in India.
- The recipient is outside India.
- The place of supply is outside India.
- Payment is received in convertible foreign exchange (or in rupees where RBI permits, such as Special Rupee Vostro accounts).
- Supplier and recipient are not merely establishments of the same person — a foreign parent or subsidiary is a separate person and qualifies.
All five must be met; there’s no partial export.
Export without paying IGST: the LUT
- File a Letter of Undertaking in Form GST RFD-11 on the GST portal, valid for one financial year — before your first export of the year (most file by 31 March for the next year).
- Almost every registered business is eligible; the bar is prosecution for evasion above ₹250 lakh.
- Alternatively, pay IGST and claim it back as a refund.
Getting input tax credit back
- Exporting under LUT leaves unused ITC: claim it in RFD-01 using the formula zero-rated turnover × net ITC ÷ adjusted total turnover.
- Time limit: two years from the relevant date.
- Keep bank evidence of foreign-currency receipts (e-FIRA / e-BRC) — courts have held refunds can’t be denied where these are produced.
2026 change for intermediaries
From 30 March 2026 the Finance Act 2026 removed the special place-of-supply rule for intermediary services. Indian businesses that arrange or facilitate supplies for foreign clients now follow the default rule — the recipient’s location — so they can qualify as exporters if all five conditions are met.
Don’t forget FEMA
Export proceeds must be realised within the period FEMA prescribes — the export-import regulations were revised in 2026, so confirm the current period with your bank. GCCs and SaaS exporters: see GCCs in India and AI startups.
Frequently asked questions
Is GST charged on export of services?
What is LUT in GST?
Can intermediaries export services after 2026?
Please note: this guide is general information based on the rules as they stood on the review date above. Regulations and RBI/CBDT procedures change often — please get advice on your specific facts before acting.
