𝐀𝐈𝐅 𝐍𝐞𝐞𝐝 𝐆𝐒𝐓 𝐑𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧

๐ƒ๐จ๐ž๐ฌ ๐˜๐จ๐ฎ๐ซ ๐€๐ˆ๐… ๐๐ž๐ž๐ ๐†๐’๐“ ๐‘๐ž๐ ๐ข๐ฌ๐ญ๐ซ๐š๐ญ๐ข๐จ๐ง? ๐Ÿค”

Here’s what fund managers and AIFs need to know about GST compliance


Alternative Investment Funds (AIFs) are becoming a key pillar in India’s capital markets. But when it comes to Goods and Services Tax (GST), there’s growing confusion—especially around whether AIFs need to register at all.

Let’s break it down.


โœ… Most AIFs Don’t Require GST Registration

In most cases, AIFs themselves are not subject to GST. Why?

  • AIFs don’t supply goods or services, which is the basis for GST liability.

  • The fund manager or investment manager is the one who provides services (like management or advisory) and collects GST on those fees.

  • Capital gains, interest income, and dividends earned by the fund are not taxable under GST.

So, if your AIF is only pooling investor funds and investing in assets—GST registration may not apply.


โš ๏ธ But There’s a Catch: Reverse Charge Mechanism (RCM)

Even if your AIF has zero taxable turnover, you may still be required to register under GST if you fall under certain categories:

๐Ÿ’ผ 1. Import of Services

If your AIF receives services from outside India—like:

  • Legal or compliance advisory

  • SaaS-based investment platforms

  • Cloud tools or consulting
    ...you may need to pay GST under the Reverse Charge Mechanism (RCM).

๐Ÿข 2. Notified Domestic Services under RCM

If your AIF uses services such as:

  • Sponsorship or branding

  • Security or cleaning services

  • Legal services from Indian law firms
    ...RCM also becomes applicable, making GST registration mandatory.

And remember — even if the fund itself doesn't earn revenue, RCM liability can trigger mandatory registration.


๐Ÿšจ Why Are Some AIFs Receiving Notices?

Recently, several AIFs have been issued GST notices. Not due to deliberate non-compliance—but because the Reverse Charge rules were misunderstood or overlooked.

This is especially common in funds that:

  • Use foreign consultants or platforms

  • Rely on outsourced domestic services

  • Assume GST applies only to fund managers

If this sounds like your setup, it’s time for a compliance review.


๐Ÿ’ก What About GIFT City (IFSC) AIFs?

There’s some good news here.

AIFs registered in GIFT IFSC enjoy significant GST exemptions, including:

  • No GST on management fees

  • GST-free cross-border transactions

This makes GIFT City a tax-efficient jurisdiction for fund structuring—especially for Category III AIFs.


๐Ÿงพ Summary: When Does Your AIF Need GST Registration?

Scenario GST Registration Required?
Only capital gains/interest income โŒ No
Fund manager charges management fees โŒ No (Manager pays GST)
AIF imports services (legal/SaaS) โœ… Yes (RCM applies)
Uses domestic RCM-notified services โœ… Yes
GIFT IFSC AIF โŒ Mostly exempt

 


Need Expert Help on GST for AIFs?

We work with fund managers, NBFCs, and compliance heads to:

  • Assess GST applicability

  • Register AIFs where needed

  • Help respond to GST notices

  • Ensure audit-ready documentation

๐Ÿ“ž Book a FREE consultation today
+91 93113 47006


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