Indian software exporters should assemble a transaction file containing the signed client contract, export/commercial invoice, GST evidence, the applicable RBI/FEMA declaration, bank realisation records, and entity and tax records. The exact filing depends on whether you export computer software through an STPI or SEZ channel, provide professional or IT-enabled services, deliver SaaS or cloud access, and choose the GST route of exporting under LUT without IGST or paying IGST and claiming a refund.
There is no universal form set for every software-services transaction. Service classification, delivery method, exporter status, GST option and the procedures of your authorised-dealer (AD) bank determine which documents must actually be submitted. Keep the full evidence chain even when a particular declaration is not required.
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The core document set for every software-services export
Build one file for each overseas engagement. Arrange documents so a reviewer can connect the contract, invoice, tax treatment, declaration and foreign-currency receipt without reconstructing the transaction.
1. Signed commercial agreement
Retain the executed master-services agreement, statement of work, purchase order or equivalent contract. It should identify the Indian supplier and overseas customer, describe the software or service, state deliverables and acceptance terms, specify price and currency, and set payment terms. If the scope changes, preserve amendments, change orders and email approvals that alter price, milestones or deliverables.
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The agreement is the anchor for the rest of the file: the invoice description should match it, the remittance should be traceable to it, and the GST and foreign-exchange classification should not contradict the stated deliverables.
2. Commercial or export invoice
Issue an invoice that names the Indian supplier and foreign recipient, describes the service supplied, states the value and currency, and identifies the contract, statement of work or purchase order. Include the invoice number and date, payment instructions, and any tax wording required by the GST route you have selected.
Keep the final invoice together with credit notes, debit notes, milestone invoices and proof of delivery or acceptance where the contract uses those records. Your bank should be able to reconcile the incoming payment to a specific invoice rather than to an undifferentiated account credit.
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3. GST export file
For a qualifying export of services, retain the export invoice and evidence of the route chosen:
- LUT or bond route: preserve the Letter of Undertaking (LUT) acknowledgement or bond documents supporting supply without payment of IGST.
- IGST-payment route: preserve the tax invoice showing IGST, payment records and the refund application and sanction trail.
CBIC’s GST sectoral guidance states that software-service exports can be supplied without GST when the export conditions are met and points exporters to the LUT or bond process. Confirm the conditions for your transaction and the validity period of the LUT with your tax adviser and the GST authorities before invoicing.
4. RBI/FEMA declaration and supporting evidence
Foreign-exchange regulations require exporters of goods or software to furnish a declaration supported by evidence. For computer software, the regulation specifies a SOFTEX declaration and describes submission to designated officials at Software Technology Parks of India (STPI), free-trade zones, export-processing zones or special economic zones (SEZs).
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Do not assume that every SaaS, consultancy or IT-enabled-service engagement uses SOFTEX. RBI also describes services for which none of the specified forms applies. Preserve the classification analysis, correspondence with the relevant authority and any alternate declaration or exemption relied upon.
5. STPI or SEZ papers, where relevant
An STPI or SEZ unit should keep the forms, certifications, acknowledgements and authority correspondence generated through its current export-reporting workflow. STPI publishes statutory services and supports online SOFTEX submission; the unit’s designated office or SEZ authority may require additional attestations or records.
A non-STPI exporter should not submit an STPI form merely because the work involves software. Establish which authority, if any, has jurisdiction before the first reportable transaction.
6. AD-bank evidence
Keep inward-remittance advice, bank statements, payment messages, invoice-to-remittance reconciliations and any realisation certificate or electronic bank-realisation record issued by the AD bank. RBI’s master direction covers receipt, realisation and repatriation of export proceeds and software-export invoicing.
Where a customer pays several invoices in one transfer, prepare a reconciliation schedule showing the allocation. For deductions such as bank charges, withholding or contractual credits, retain the remittance advice and calculation explaining why the received amount differs from the invoice value.
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Maintain incorporation or registration records, PAN, GST registration, LUT acknowledgement, accounting ledgers and KYC documents requested by the bank. These records support the primary filings even when a particular document is not submitted to an authority for every transaction.
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Which documents change with the transaction model?
The following comparison shows where the compliance path usually diverges. “Not stated” means the applicable source does not establish a single universal form or deadline; obtain the current requirement from the named authority or your AD bank.
| Transaction model | Primary declaration or authority | Documents to preserve | Key uncertainty |
|---|---|---|---|
| Computer software exported through an STPI or SEZ channel | SOFTEX and designated-authority certification | SOFTEX submission, acknowledgement or certification, contract, invoice, delivery evidence and bank realisation records | Current online workflow, submission timing and any unit-specific attachments are not stated; follow the unit’s live instructions. |
| Professional services or IT-enabled services where no specified declaration applies | AD-bank foreign-exchange reporting; RBI realisation and repatriation rules | Contract, invoice, classification note, remittance evidence and any bank-requested declaration | The applicable declaration route is fact-sensitive and not a single universal form. |
| SaaS or cloud delivery | Classification must be confirmed before filing | Subscription or order terms, invoices, usage or access records, GST file and bank evidence | It may be treated as computer-software export, another service, or a model with a different reporting path. |
| Mixed consultancy and code work | Classify each deliverable or the engagement as a whole | Detailed statement of work, milestone invoices, classification analysis, GST documents and bank records | Bundled deliverables can change which declaration and tax treatment apply. |
SOFTEX: when it matters and how to handle it
RBI’s export regulations state: “Every exporter of goods or software in physical form or through any other form … shall furnish to the specified authority, a declaration…” The same notification says the SOFTEX declaration for computer software “shall be submitted in triplicate to the designated official” at STPI, FTZ, EPZ or SEZ locations.
Those words describe the regulatory framework; the operational process can be electronic and may be updated. An STPI or SEZ unit should therefore use the current portal, form version and certification path prescribed by its designated office. Keep the submission receipt, certified copy or electronic acknowledgement with the invoice and contract.
Questions to resolve before deciding that SOFTEX is required
- Is the deliverable being reported as computer software, or as a professional, consultancy or other IT-enabled service?
- Is the exporter registered with or operating through STPI, an SEZ, an FTZ or an EPZ?
- Is the delivery a downloadable or custom software product, remote access to a hosted application, recurring SaaS access, or a mixed engagement?
- Which authority and AD bank will accept the declaration, and what current submission window applies?
If the answer is unclear, obtain written confirmation from the relevant STPI or SEZ office, RBI-facing bank team or qualified adviser before the first invoice. Do not treat the absence of a SOFTEX filing as proof that no foreign-exchange evidence is needed.
GST: exporting under LUT versus paying IGST and claiming a refund
For qualifying export-of-services transactions, exporters generally choose between supplying without payment of IGST under an LUT or paying IGST and seeking a refund. The choice affects cash flow and administration, not the need to preserve the underlying contract, invoice and payment evidence.
| Consideration | LUT or bond, without IGST | Pay IGST and claim refund |
|---|---|---|
| Invoice tax treatment | Invoice uses the applicable export-without-IGST wording and is supported by a valid LUT or bond. | Invoice charges IGST and records the tax paid. |
| Cash flow | No IGST outlay on the export invoice, subject to a valid LUT or bond and compliance with export conditions. | IGST is paid first; cash is recovered only after the refund process succeeds. |
| Records | LUT or bond acknowledgement, export invoice, return reporting and remittance evidence. | Tax invoice, proof of IGST payment, refund application, supporting schedules and sanction or deficiency notices. |
| Administrative exposure | Keep the LUT valid for the relevant period and satisfy the export-realisation requirements. | Manage refund filing, data matching and any departmental queries. |
CBIC’s sectoral FAQ is the relevant official reference for the LUT or bond process. Because export conditions, forms and portal procedures can change, have your tax adviser verify the route before issuing invoices for a new customer or service model.
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What to give your authorised-dealer bank
Your AD bank may request a broader file than the minimum submitted to a regulator. Prepare a bank pack containing:
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- the invoice and any credit or debit note;
- SOFTEX, alternate declaration or a written explanation of why no specified form applies;
- inward-remittance advice, bank statement entry and payment reference;
- an invoice-to-remittance reconciliation, including deductions;
- GST registration, LUT acknowledgement or IGST-refund records;
- PAN, incorporation or registration evidence and KYC documents; and
- any realisation certificate or electronic bank-realisation record issued by the bank.
Ask the bank which document it wants at each stage: invoice registration, receipt of funds, closure of an export entry, or issuance of a realisation record. Bank procedures differ, and an authority may accept a document that the bank still requires for its own controls.
Step-by-step workflow for a new export engagement
- Classify the service. Write a one-page description of the deliverables, delivery method and customer location. Mark whether the work is computer software, SaaS or cloud access, consultancy, IT-enabled service, or a combination.
- Confirm the reporting channel. Ask the relevant STPI or SEZ office, if applicable, whether SOFTEX and designated-authority certification apply. If no specified form applies, ask the AD bank what alternate evidence it requires.
- Execute the contract. Ensure the agreement states parties, scope, price, currency, milestones and payment terms. Keep signed copies and amendments.
- Select the GST route. Confirm that the transaction qualifies as an export of services, then choose a valid LUT or IGST-and-refund route. Obtain and retain the LUT acknowledgement before invoicing without IGST.
- Issue the invoice. Use a description that matches the contract and selected GST wording. Include currency, value, recipient details and a reference to the underlying order or statement of work.
- Submit the required declaration. File SOFTEX or the applicable alternative through the current authority workflow, and retain the acknowledgement or certification.
- Report and collect payment. Provide the invoice and any required declaration to the customer and bank. Track the expected remittance date and reference.
- Reconcile the receipt. Match the bank credit to the invoice, document charges or deductions, and obtain the bank’s realisation record where issued.
- Close the tax and accounting file. Report the transaction in GST returns, retain LUT or refund evidence, post the receipt in the ledger and preserve the complete file under your record-retention policy.
Common failure points and practical fixes
Assuming every software export needs SOFTEX
Problem: A consultancy or IT-enabled service is treated as computer software solely because the supplier is a technology company.
Fix: Base the classification on the actual deliverable and delivery method. Obtain a written view from the relevant authority or AD bank when the engagement is mixed or recurring.
Using an invoice description that does not match the contract
Problem: The contract says “development services,” while the invoice says “licence,” “subscription” or “consulting,” creating questions about classification and tax treatment.
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Invoicing without a valid LUT
Problem: The exporter omits IGST but cannot produce a current LUT acknowledgement.
Fix: Confirm LUT validity before the invoice date and keep the acknowledgement in the transaction file. If the LUT route is unavailable, discuss the IGST-and-refund option with your adviser.
Failing to reconcile partial or net payments
Problem: The bank receives less than the invoice value, and no schedule explains the difference.
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Relying on an old form or deadline
Problem: A prior SOFTEX, GST or bank procedure is used after the authority has moved to a new portal or workflow.
Fix: Verify the live consolidated RBI wording, current STPI or SEZ instructions, GST portal requirements and AD-bank checklist immediately before filing.
How long and in what form to retain records
Keep an immutable electronic copy and, where required by the authority or bank, the certified or signed original. Use a consistent naming convention such as customer, invoice number, service period and currency. Preserve versions of contracts, invoices, declarations, acknowledgements, remittance advice and correspondence rather than overwriting them.
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Set a review trigger for each recurring engagement: renewal of the LUT, changes in service scope, changes in customer country or payment currency, migration between STPI, SEZ and non-unit status, and updates to the AD bank’s process. The exact statutory retention period is not stated in the supplied official material, so confirm it with your tax adviser, bank and applicable authority.
Who should confirm the final checklist?
Before filing, obtain transaction-specific confirmation from the exporter’s tax adviser for GST classification and LUT or refund treatment; from the relevant STPI or SEZ office for SOFTEX and certification; and from the AD bank for foreign-exchange declarations, remittance evidence and closure requirements. RBI, GST and designated-zone procedures can be revised, and a checklist suitable for one exporter or service model may be wrong for another.
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