Am i considered as a Salaried Employee?
This query is : Resolved
01 May 2021
Im working as a employee to a foreign firm who dont have any presence in india and they transfer money to my indian Account , am i considered a salaried employee ? or a professional ? do i need to register for GST
01 May 2021
Is there any agreement between you two?
01 May 2021
You are an employee of foreign firm as stated by you. Hence your income will be considered as salary income and no need for GST registration.
02 May 2021
check the contract of your employment if they pay u as salaried person then no need of gst registration. But if they pay u as professional fees then their will be need for gst registration.
02 May 2021
Contractor’s relationship with Client will be that of an
independent contractor acting as a service provider to Client, and not that of an
employee, worker, agent or partner of Client. Contractor will not be entitled to any
statutory benefits payable to employees or workers by law, or otherwise any benefits paid
or made available by Client to its employees or workers, including, without limitation, any
retirement or pension benefits, social security contributions, provident fund or gratuity
payments; vacation, holiday, or illness payments; participation in any plans, arrangements
or distributions made by Client pertaining to any bonus, stock options, profit sharing,
insurance or similar benefits; or any other any end-of-service benefits payable to an
employee or worker.
xxxxxx will get paid for the work performed
and approved every month a fixed sum of (amount )
This is what the contract says
independent contractor acting as a service provider to Client, and not that of an
employee, worker, agent or partner of Client. Contractor will not be entitled to any
statutory benefits payable to employees or workers by law, or otherwise any benefits paid
or made available by Client to its employees or workers, including, without limitation, any
retirement or pension benefits, social security contributions, provident fund or gratuity
payments; vacation, holiday, or illness payments; participation in any plans, arrangements
or distributions made by Client pertaining to any bonus, stock options, profit sharing,
insurance or similar benefits; or any other any end-of-service benefits payable to an
employee or worker.
xxxxxx will get paid for the work performed
and approved every month a fixed sum of (amount )
This is what the contract says
02 May 2021
You client will be liable for gst registration as it is not consider in employment type.
02 May 2021
The contract is very clear. You are not an employee but a service provider. You will have to take registration and show your supplies accordingly.
02 May 2021
Employees can be taken on contract and fixed sum paid without any benefits. In such a case it will considered as payment for employment GST not applicable.
02 May 2021
The contract is clearly saying that the person will not be treated as an employee
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05 May 2021
I agree with CA Altamush Zafar, it is clearly a Contract Agreement and not employment Agreement. You shall be treated as a Service Provider and need to get your self registered under GST Regime and also pay GST if not opted for LUT.
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