Subscription traps are becoming common across digital platforms that rely on auto-renew models. Many global companies overlook how these subscriptions trigger OIDAR tax liability in India. This gap often leads to serious tax risks for foreign providers. In this blog, we explain how auto-renew subscriptions create OIDAR exposure and what global platforms must do to stay compliant.
Subscription traps refer to auto-renew subscription models where users continue to get charged unless they actively cancel. These models are common in streaming platforms, online courses, AI tools, cloud software, and digital content libraries. While these practices raise consumer protection concerns, they also create repeated taxable events under Indian GST law. Every auto-renew cycle counts as a fresh supply of service.
OIDAR covers digital services delivered online without physical interaction. When a subscription auto-renews, the service provider continues to supply digital access to Indian users. For foreign companies, this creates an ongoing taxable relationship with non-taxable online recipients in India. As per GST rules, this makes the overseas supplier directly responsible for tax compliance.
Under Indian GST law, foreign suppliers providing OIDAR services to Indian consumers must register and pay 18 percent IGST. This rule applies regardless of turnover. The tax liability falls on the supplier, not the user, in Business to Consumer cases. If the Indian recipient is a GST-registered business, the tax shifts to reverse charge, but most subscription traps involve consumers, not businesses. These rules are published and updated on the GST portal.
Foreign platforms offering auto-renew subscriptions to Indian users must obtain GST registration under the simplified OIDAR scheme. This registration is handled through the GST portal and does not require a physical presence in India. Failure to register while continuing subscription billing is treated as non-compliance and attracts scrutiny from tax authorities. The registration process and compliance details are available on the official GST website .
GST authorities derive their enforcement powers from the IGST Act and related rules published by CBIC. Non-compliance consequences such as interest, penalties, and recovery actions are outlined in official GST notifications available on www.gst.gov.in.
Subscription traps do not only attract tax attention. Consumer protection authorities in India are also tightening rules around auto-renew transparency. Practices that confuse users or make cancelations difficult may trigger parallel regulatory action. When tax and consumer issues overlap, global platforms face higher compliance and reputational risks.
|
Area |
Impact |
|
Auto-renew billing |
Creates repeated taxable OIDAR supplies |
|
Indian consumer |
Triggers supplier GST liability |
|
GST rate |
18 percent IGST |
|
Registration |
Mandatory for foreign suppliers |
|
Non-compliance |
Notices, penalties, and possible website blocking |
Many global platforms design subscription systems based on foreign tax models. They assume that tax applies only once at sign-up. Indian GST treats every auto-renew cycle as a fresh supply. This mismatch between system design and Indian tax rules creates hidden tax risks that grow silently over time.
We at Ebizfiling review your subscription and auto-renew model for OIDAR exposure.
We assist with GST registration under the OIDAR scheme.
We handle GSTR-5A filings and tax calculations.
We monitor ongoing compliance for recurring subscriptions.
We help global platforms reduce long-term tax risks in India.
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Subscription traps are auto-renew subscription models where users continue to be billed unless they cancel, creating repeated taxable supplies under GST.
Yes. If the service is delivered online and renewed automatically, it qualifies as OIDAR under Indian GST law.
Yes. Each auto-renew cycle is treated as a new supply of service and attracts GST.
For Indian consumers, the foreign supplier pays GST. For GST-registered businesses, the recipient pays under reverse charge.
Yes. Foreign OIDAR suppliers must register even if they have no office in India.
The standard rate applicable to OIDAR subscriptions is 18 percent IGST.
Unpaid tax may lead to interest, penalties, recovery actions, and compliance notices.
In extreme cases, yes. Persistent non-compliance can lead to restrictions on operations.
Yes. Consumer protection rules increasingly focus on transparency, fair billing, and easy cancellation of subscriptions.
Platforms can reduce OIDAR tax risks by registering correctly, charging GST on renewals, and filing returns on time.
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