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Software products HSN Code

GST rates and HSN code for Software products.

ChapterDescriptionHSN CodeRate (%)CESS (%)Effective DateRate Revision
Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articlesDiscs, Tapes, Solid-State Non-Volatile Storage Devices, Smart Cards And Other Media For The Recording Of Sound Or Of Other Phenomena, Whether Or Not Recorded, Including Matrices And Masters Production Of Discs, But Excluding Products Of Chapter 37 – Other8523802018%01/07/2017
Discs, Tapes, Solid-State Non-Volatile Storage Devices, Smart Cards And Other Media For The Recording Of Sound Or Of Other Phenomena, Whether Or Not Recorded, Including Matrices And Masters Production Of Discs, But Excluding Products Of Chapter 37 – Other8523809018%01/07/2017
Records, Tapes And Other Recorded Media For Sound Or Other Similarly Recorded Phenomena, Including Matrices And Masters For The Production Of Records, But Excluding Products Of Chapter 37 – Other Magnetic Tapes: – Of A Width Exceeding 4 Mm But Not Exceedi8524522018%01/07/2017
Printed books, newspapers, pictures and other <strong>products</strong> of the printing industry; manuscripts, typescripts and plansOther Printed Matter, Including Printed Pictures And Photographs – Other : Other : Hard Copy (Printed) Of Computer Software4911991018%01/07/2017
ServicesLicensing Services For The Right To Use Other Intellectual Property Products And Other Rescources N.E.C99733918%Nil Provided that Director (Sports), Ministry of Youth Affairs and Sports certifies that the services are directly or indirectly related to any of the events under FIFA U-17 Women’s World Cup 2020.1/01/2019 25/01/2018 1/07/2017
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inksSynthetic Organic Colouring Matter, Whether Or Not Chemically Defined; Preparations As Specified In Note 3 To This Chapter Based On Synthetic Organic Colouring Matter; Synthetic Organic Products Of A Kind Used As Fluorescent Brightening Agents Or As Lumin3204155218%01/07/2017
Other Colouring Matter; Preparations As Specified In Note 3 To This Chapter, Other Than Those Of Heading 3203, 3204 Or 3205; Inorganic Products Of A Kind Used As Luminophores, Whether Or Not Chemically Defined – Pigments And Preparations Based On Titanium320618%01/07/2017
Synthetic Organic Colouring Matter, Whether Or Not Chemically Defined; Preparations As Specified In Note 3 To This Chapter Based On Synthetic Organic Colouring Matter; Synthetic Organic Products Of A Kind Used As Fluorescent Brightening Agents Or As Lumin3204124618%01/07/2017
Synthetic Organic Colouring Matter, Whether Or Not Chemically Defined; Preparations As Specified In Note 3 To This Chapter Based On Synthetic Organic Colouring Matter; Synthetic Organic Products Of A Kind Used As Fluorescent Brightening Agents Or As Lumin3204156318%01/07/2017
Synthetic Organic Colouring Matter, Whether Or Not Chemically Defined; Preparations As Specified In Note 3 To This Chapter Based On Synthetic Organic Colouring Matter; Synthetic Organic Products Of A Kind Used As Fluorescent Brightening Agents Or As Lumin3204148218%01/07/2017
Iron and steelOther Alloy Steel In Ingots Or Other Primary Forms; Semi-Finished Products Of Other Alloy Steel – Other : Other : Billets7224909118%01/07/2017
Flat-Rolled Products Of Stainless Steel, Of A Width Of 600 Mm Or More – Not Further Worked Than Cold-Rolled (Cold Reduced) : Of A Thickness Of 0.5 Mm Or More But Not Exceeding 1 Mm : Other7219349018%01/07/2017
Pharmaceutical <strong>products</strong>Medicaments (Excluding Goods Of Heading 3002, 3005 Or 3006) Consisting Of Mixed Or Unmixed Products For Therapeutic Or Prophylactic Uses, Put Up In Measured Doses (Including Those In The Form Of Transdermal Administration Systems) Or In Forms Or Packings3004109012%01/07/2017
Medicaments (Excluding Goods Of Heading 3002, 3005 Or 3006) Consisting Of Mixed Or Unmixed Products For Therapeutic Or Prophylactic Uses, Put Up In Measured Doses (Including Those In The Form Of Transdermal Administration Systems) Or In Forms Or Packings3004104012%01/07/2017
Medicaments (Excluding Goods Of Heading 3002, 3005 Or 3006) Consisting Of Mixed Or Unmixed Products For Therapeutic Or Prophylactic Uses, Put Up In Measured Doses (Including Those In The Form Of Transdermal Administration Systems) Or In Forms Or Packings3004503512%01/07/2017
Immunological Products, Mixed, Not Put Up In Measured Doses Or In Forms Or Packings For Retail Sale3002140012%
Medicaments (Excluding Goods Of Heading 3002, 3005 Or 3006) Consisting Of Mixed Or Unmixed Products For Therapeutic Or Prophylactic Uses, Put Up In Measured Doses (Including Those In The Form Of Transdermal Administration Systems) Or In Forms Or Packings3004904112%01/07/2017
Essential oils and resinoids, perfumery, cosmetic or toilet preparationsEssential Oils (Terpeneless Or Not), Including Concretes And Absolutes; Resinoids; Extracted Oleoresins; Concentrates Of Essential Oils In Fats, In Fixed Oils, In Waxes Or The Like, Obtained By Enfleurage Or Maceration; Terpenic By-Products Of The Deterpe3301292818%01/07/2017
Lac; gums, resins and other vegetable saps and extractsVegetable Saps And Extracts; Pectic Substances, Pectinates And Pectates; Agar-Agar And Other Mucilages And Thickeners, Whether Or Not Modified, Derived From Vegetable Products Mucilages And Thickeners, Whether Or Not Modified, Derived From Vegetable Produ1302322018%01/07/2017
<strong>Products</strong> of animal origin, not elsewhere spcified or inculdedAnimal Products Not Elsewhere Specified – Or Included; Dead Animals Of Chapter 1 Or 3, – Unfit For Human Consumption – Other : – Products Of Fish Or Crustaceans, Molluscs – Or Other Aquatic Invertebrates; Dead Animals – Of Chapter 3 : – Other051191905%01/07/2017

Understand the HSN Code for Software Products in India

In the digital age, software is ubiquitous, powering everything from our smartphones to complex industrial systems. For businesses involved in the sale or licensing of software products in India, understanding the correct Harmonized System of Nomenclature (HSN) code and the applicable Goods and Services Tax (GST) rate is a critical aspect of compliance. The classification of software under GST can be nuanced, depending on whether it’s treated as “goods” or “services” and how it’s delivered.

Software as “Goods”: Physical Media and Pre-packaged Software

When software is supplied on physical media like CDs, DVDs, or USB drives, or as pre-packaged, “off-the-shelf” software, it is generally treated as “goods” under GST. This distinction is crucial for HSN code application.

The primary HSN chapter for such software is Chapter 85: Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles.

Specifically, the HSN codes that apply to software on physical media are often found under:

  • 8523: Discs, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters production of discs, but excluding products of Chapter 37.
    • Under this heading, specific sub-codes are used for software:
      • 85238020: Information Technology Software (Discs containing IT software): This is a direct match for IT software on discs. The GST rate is 18%, effective from July 1, 2017.
      • 85238090: Other media for recording sound or other phenomena: This is a broader “other” category under 8523 that could also cover software on various other digital storage media. The GST rate is 18%, effective from July 1, 2017.
  • 49119910: Hard Copy (Printed) Of Computer Software:
    • If the software is supplied as a physical printed manual or documentation, it falls under Chapter 49: Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans. The GST rate for this is 18%, effective from July 1, 2017.

Software as “Services”: Customization, Licensing, and Online Delivery

The landscape shifts significantly when software is delivered as a service, is customized, or involves licensing intellectual property rights. In these cases, software is treated as a “service” under GST, and Service Accounting Codes (SAC codes) from Chapter 99: Services are applicable.

  • 997339: Licensing Services For The Right To Use Other Intellectual Property Products And Other Resources N.E.C.
    • This SAC code generally covers licensing services for intellectual property, which includes the right to use software. The GST rate for this service is 18%, effective from July 1, 2017. This code is particularly relevant for software licenses that don’t involve a physical transfer of goods.
  • 998314: Information technology (IT) design and development services
    • This SAC code is for customized software development, design, programming, adaptation, upgradation, and implementation. The GST rate is 18%.
  • 998313: Information technology (IT) consulting and support services
    • This covers services like software consulting and support, typically attracting an 18% GST.
  • Software as a Service (SaaS): When software is accessed online (cloud-based), it is considered an Online Information and Database Access or Retrieval (OIDAR) service. These services also attract an 18% GST.

Key Considerations for Software GST

  • Goods vs. Services Dichotomy: The most crucial aspect is determining whether your software supply is a supply of “goods” or “services.” This often depends on the mode of delivery (physical media vs. online/customization) and the nature of the transaction (sale of a standardized product vs. licensing or bespoke development).
  • Integrated Supply: If a software package includes both goods (e.g., a CD) and services (e.g., installation or support), the principal supply determines the classification and GST rate.
  • Input Tax Credit (ITC): Businesses can generally claim ITC on GST paid for software purchases if it is used for business operations and the supplier is GST-registered.

Navigating the GST landscape for software requires a clear understanding of your specific offering. Always refer to the latest GST notifications and seek professional advice for complex scenarios to ensure accurate compliance.

FAQs

What is the GST rate for most software products and services?

The GST rate for most software products and services in India is 18%.

What HSN code applies to pre-packaged software sold on a disc?

Pre-packaged software sold on a disc typically falls under HSN code 85238020.

What is the GST rate for software on physical media like CDs or USB drives?

The GST rate for software on physical media is 18%.

What is the GST rate for custom software development services?

The GST rate for custom software development services is 18%.

What HSN/SAC code applies to software licensing services?

Software licensing services, where you gain the right to use software, generally fall under SAC code 997339.

Why is there a distinction between “goods” and “services” for software under GST?

The distinction exists because software can be supplied as a tangible product (goods) or as an intangible right to use or a custom development (services), leading to different HSN/SAC classifications and GST implications.

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