Cross border payments for use of software not taxable as royalty



Quick Summary
The Supreme Court has ruled that payments made by Indian companies to foreign software suppliers for the use or resale of software under end-user license agreements (EULAs) are not taxable as royalties. This decision means Indian companies are not required to deduct tax at source on these payments. The court reasoned that such payments are for the software itself, not for the exclusive use of copyright, which is the criteria for royalty.

Software Payments Not Taxable as Royalty, Rules Supreme Court

The Supreme Court on 2nd March 2021 held that Indian Companies need not deduct tax for the amount they pay foreign manufacturers and suppliers for use or re-sale of computer software through end-user license agreements (EULA).

The judgement was based on cross-appeals by the revenue authorities and alike on the question of whether the money paid by Indian buyers to foreign, 'non-resident' software suppliers amounted to royalty and thus, tax deductible at source under Section 195 of the Income Tax Act.

Justice Nariman reasoned that payment of royalty is only for the exclusive use of copyright of a work. Here, the computer software is solid in the form of a CD and thus, cannot qualify as royalty for which tax should be deducted at source.

To read the official judgement, click here.

FAQ :

No, the Supreme Court has ruled that payments for the use or resale of software through end-user license agreements (EULAs) are not considered royalty.

Following the Supreme Court's ruling, Indian companies do not need to deduct tax at source for payments made to foreign manufacturers and suppliers for the use or resale of computer software via EULAs.

The court reasoned that royalty payments are specifically for the exclusive use of a copyright. In this case, the software was supplied in a physical format (like a CD), and the payment was for the software itself, not the exclusive copyright use.

The case was related to Section 195 of the Income Tax Act, which deals with tax deduction at source on payments made to non-residents.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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