GST on R&D Services

The GST vide Circular No.04/2019- Integrated Tax dated on 30th September 2019 has clarified the place of supply for research and development services related to the pharmaceutical sector. In order to prevent double taxation or non-taxation of the supply of service, the Government through this notification stated the place of supply for specified Reseach & Development services provided by Indian pharma companies to foreign service recipients. In this article, we look at the Place of Supply of R&D Services in detail. To know more about GST Registration click here

Place of Supply

The Place of supply for services should be the location of the recipient of services under satisfying the following conditions:

The supply of services from the taxable territory has to be made as per the agreement made between the service provider located in taxable territory and service recipient located in the non-taxable territory.
Also, such supply of services should satisfy any other conditions specified of export of services, except sub-clause provided at Section 2 of Integrated Goods and Services Tax Act, 2017.

Also, read about Place of Supply of Goods

Components under Research and Development services

The following are the components covered under the supply of research and development services by a person located in the taxable territory to a person located in the non-taxable territory: Integrated discovery and development Integrated discovery and development is the process which includes the discovery and development of molecules by the pharmaceutical sector for medicinal use. The following are the steps covered under this process:

Designing of the compound,
Biological activity,
Manufacture of target compounds,
Evaluation of the drug metabolism,
Stability study and
Long-term toxicology impact.

Also, read Provisions of GST on Drug and Pharmaceutical Industry

Evaluation of new chemical/biological entities in animal models of disease

Under this process, the new chemical is developed to evaluate the gene and protein expression in response to animal disease. Also, this process seeks to discover that the substances present in such chemical can reduce or modify the hardness of diseases. Note: In this case, the chemical is supplied by the service to the recipient located in non-taxable territory.

Evaluation of biological entities in in-vitro assays/biological activity of chemical

The vitro research outside the animal is performed to develop an assay and then novel chemical under this research and development process. Note: In this case, the chemical is supplied by the service to the recipient located in non-taxable territory.

Drug metabolism and pharmacokinetics of new chemical substances

Under this process, new compound manufactured by the supplier can be provided as a new drug to treat human diseases in respect of stability in body fluids and stability in liver tissue and its effect on body tissues.