11 November 2017
Hello,
If a business is a new and provides a Software Services I.e. export of Services, is it requires to file Softex and get registered as a Non STPI unit.
What is the procedure of it.
Regards,
Mayur
24 July 2024
If your business is engaged in providing software services and qualifies as an exporter of services, you may need to comply with certain regulatory requirements including filing of Softex forms. Here’s a brief overview of the procedure:
### Softex Form Filing:
1. **What is Softex Form?** - Softex (Software Exports) form is required under Indian regulations to report exports of software and software services.
2. **Who Needs to File Softex?** - Entities engaged in exporting software services from India are required to file Softex forms. This includes both STPI (Software Technology Parks of India) and non-STPI units.
3. **Procedure for Filing Softex:** - **Registration:** First, you need to register your entity as a software exporter with the appropriate authorities. If you are not an STPI unit, you would register with the concerned regulatory authority (such as DGFT - Directorate General of Foreign Trade).
- **Form Submission:** After providing the software services and receiving payments, you need to fill out the Softex form. This form details the exports made during a specified period.
- **Submission Channels:** Softex forms can be submitted electronically through the online portal of DGFT or through authorized banks.
- **Documents Required:** Generally, the documents required for Softex form submission include invoices, contracts, project completion certificates, and bank realization certificates (BRCs) or Foreign Inward Remittance Certificates (FIRCs) from the bank.
4. **Compliance:** - Ensure compliance with all applicable laws and regulations related to software exports, including provisions under FEMA (Foreign Exchange Management Act) and IT Act.
### Additional Considerations:
- **Non-STPI Units:** If your business is not located within an STPI or SEZ (Special Economic Zone), you can still register with the DGFT and comply with Softex filing requirements.
- **Consult Professionals:** It’s advisable to consult with a chartered accountant or legal expert familiar with IT services exports and Softex compliance to ensure correct procedures are followed.
By following these steps, you can ensure that your business complies with Indian regulatory requirements for exporting software services and meets obligations under Softex filing. Always stay updated with any changes in regulations to maintain compliance effectively.