top of page
Search

Is GST Applicable to Legal Services in India? A Simple Guide for Lawyers and Clients

If you've ever hired a lawyer or paid for legal advice in India, you might have asked yourself:“Do I have to pay GST on legal services?”


It’s a common question—and not just among clients. Even lawyers and law firms are often unsure about how GST applies to legal services. With India’s tax rules evolving quickly, it’s important to understand how the Goods and Services Tax (GST) affects legal work.


This article breaks down the key aspects of GST on legal services in easy-to-understand language. Whether you’re a lawyer, law firm, business owner, or individual client, this guide will help you make informed decisions.


What Counts as a Legal Service Under GST?

According to the GST Act and Government Notification No. 12/2017, the following activities are considered legal services:


  • Representing clients before any court, tribunal, or legal authority

  • Legal consultation or advice

  • Drafting contracts and legal documents

  • Arbitration and mediation services

In short, almost everything a lawyer or law firm does professionally is covered under “legal services” for GST purposes.


What is the GST Rate on Legal Services?

The GST rate on most legal services is 18%.This applies to:


  • Court appearances

  • Legal consultations

  • Drafting documents

  • Arbitration or negotiation work

The tax is calculated on the total fee charged by the advocate or law firm.


Do Lawyers Need to Register for GST?

Not all lawyers and law firms must register for GST. Registration depends on a few factors:

  • Threshold Limit: If your total income from legal services exceeds ₹20 lakh in a year (₹10 lakh in special category states), registration is mandatory.

  • Inter-State Services: If you offer legal services to clients outside your state, GST registration is required regardless of your turnover.

  • Voluntary Registration: Even if your income is below the limit, you may choose to register to claim input tax credit on business expenses.


Who Pays GST? Understanding the Reverse Charge Mechanism (RCM)


Here’s where legal services are treated differently. In most industries, the service provider collects GST from the client and pays it to the government. But for legal services, the Reverse Charge Mechanism (RCM) often applies.


How RCM Works in Legal Services:


  • If the client is a GST-registered business:The client—not the lawyer—must pay GST directly to the government under RCM.

  • If the client is an individual or unregistered business:The advocate does not need to charge GST, as long as their annual income is below the threshold.

📝 Key Point:If you are a business hiring legal services, you are responsible for paying GST and filing it under RCM.


GST Exemptions for Legal Services

Not every legal service is taxed. Below are the main exemptions:

  • Small Firms/Advocates: If annual income is under ₹20 lakh (₹10 lakh in special category states), no GST registration is needed.

  • Individual Clients: If the fee charged is below ₹1,000 per day, GST is not applicable.

  • Legal Services to Courts/Tribunals: Exempt from GST.

  • Services to Government or Local Authorities: Exempt from GST.

  • Senior Advocate to Advocate: When one senior advocate provides services to another, it’s exempt.


Key Court Ruling: Legal Services Are Not Just a Business


In the 2024 case Bar of Indian Lawyers vs D.K. Gandhi, the court ruled that the relationship between a lawyer and client is a personal service, not a business one. This makes legal services different from regular commercial services, which are taxed under GST in the usual way.


What This Means:

  • Legal work is not treated like other trades.

  • This supports the idea that law practice is a fiduciary (trust-based) duty, not a commercial activity.


Real-World Scenarios: GST on Legal Services

  1. Law Firm to Company

    • Client is GST-registered

    • GST is paid by the company under RCM

    • Law firm does not collect GST

  2. Advocate to Individual Client

    • If the advocate earns less than ₹20 lakh a year, no GST is required.

  3. Law Firm to Government Department

    • Services are exempt from GST

  4. Senior Advocate to Law Firm

    • Exempt from GST


GST Codes for Legal Services (SAC)

Service Description

SAC Code

GST Rate

Legal and Accounting Services

9982

18%

Legal Advisory & Representation (Criminal Law)

998211

18%

Other Legal Advisory & Representation

998212

18%

Legal Documentation & IP Rights

998213

18%

Arbitration and Mediation Services

998215

18%

What Should Lawyers and Clients Do?


For Lawyers and Law Firms

  • Monitor your annual income for GST eligibility

  • Register for GST if required

  • Issue GST-compliant invoices

  • Understand when you must pay GST and when the client must pay under RCM


For Clients

  • If you’re a business, pay GST under RCM when hiring legal services

  • Keep records and claim input tax credit if eligible

  • Always ask for a proper invoice from your lawyer


A Note on the Constitution


Under the Indian Constitution, legal services are not considered trade or commerce. Entries 77 and 78 of the Union List deal with regulation of legal profession and justice system, showing that the practice of law is distinct from regular business.

This raises deeper questions about whether GST should apply to legal services in the same way it applies to other services.



Conclusion:- GST on legal services can seem complicated—but it doesn’t have to be. If you know when GST applies, who should pay, and what exemptions are available, it becomes much easier to comply with the rules.


 
 
 

Comments


bottom of page