Next dueGST
20 OCTGSTR-3B · Summary return · Sep 2026tomorrow 21 OCTTax Audit Report · Form 3CA/3CB · AY 2026-27 · extended from 30 Sepin 2 days 22 OCTGSTR-3B (QRMP) · Quarterly return · Jul–Sep 2026 · 22nd or 24th by statein 3 days 31 OCTForm 24Q / 26Q · TDS return · Jul–Sep 2026in 12 days 7 NOVTDS / TCS deposit · Deducted in Oct 2026in 19 days 11 NOVGSTR-1 · Outward supplies · Oct 2026in 23 days 13 NOVIFF (QRMP) · B2B invoices · Oct 2026in 25 days 30 OCTAOC-4 · Financial statements · FY 2025-26in 11 days
All due dates
Guide · GST Rates

GST on Salary in India — Is Salary Taxable?

Employee salary sits outside GST under Schedule III — but director fees, manpower supply, secondment and freelancer income can each attract GST. Know exactly where the line falls.

Written by
TaxClue Editorial Desk
Updated
18 August 2026
Reading time
5 min
Questions
16 answered
  • Updated for FY 2026-27
  • GST Expert Reviewed
  • Employee vs Contractor
Quick Answer

No — employee salary is not subject to GST. Schedule III of the CGST Act treats services by an employee to the employer in the course of employment as neither a supply of goods nor of services, so salary, wages and bonus are outside GST entirely. TDS under income tax and professional tax still apply. GST does arise on related payments: non-executive director fees (18% under RCM), manpower supply (18%) and freelancer/contractor fees (18% above the threshold).

NilEmployee salary
NilBonus / incentive
18%Director fees (non-exec)
18%Freelancer fees
At a glance

Salary-Related Payments — GST Decision Table

Every common employment and payroll-adjacent payment, whether GST applies, at what rate and who is liable. Rates reflect the position after the GST 2.0 rationalisation.

PaymentGST?RateWho Pays
Employee salary / wagesNoNilSchedule III exclusion
Bonus / incentive to employeeNoNilPart of employment
Whole-time / executive director (on payroll)NoNilTreated as employee
Non-executive / independent director feesYes · RCM18%Company (reverse charge)
Manpower / staffing agency chargesYes18%Agency (forward charge)
Freelancer / contractor fees (above threshold)Yes18%Contractor
Employee secondment to related entityOften18%Recipient (usually RCM)
Notice pay recovery by employerNoNilNot a supply (Circ 178/2022)

Employment rates were not changed by GST 2.0 (eff 22 Sep 2025); the 18% service rate on director fees and manpower supply continues. Confirm on the official GST portal.

The common trap

GST on Director Remuneration

CBIC Circular 140/2020 draws a clean line: a whole-time / executive director on payroll is an employee, so remuneration booked as salary (TDS under Section 192) is outside GST. A non-executive or independent director is not an employee, so sitting fees, commission and professional fees (TDS under Section 194J) attract 18% GST.

Nil

Executive director — outside GST

  • On the company payroll as an employee
  • Remuneration booked as salary
  • TDS deducted under Section 192
  • Schedule III exclusion applies
  • No GST, no invoice
18%

Non-executive director — 18% RCM

  • Not an employee of the company
  • Sitting fees, commission, professional fees
  • TDS deducted under Section 194J
  • Company self-pays 18% under RCM
  • Company can claim ITC on that RCM tax
Reverse charge sits on the company, not the director

For non-executive director fees, the company self-assesses and deposits the 18% GST under RCM — the director does not raise a GST invoice or collect the tax. The company can then claim ITC on that RCM payment if the service is used for its business.

Paying independent or non-executive directors? Get your RCM position confirmed.

Talk to a GST Expert →
Employee vs contractor

Salary vs Professional Fees — Why It Matters

The GST outcome turns on the nature of the relationship. An employee works under a contract of service (salary, outside GST). A freelancer or consultant works under a contract for service — their income is professional income, and GST can apply.

  1. 1EmployeeSalary · TDS 192 · outside GST
  2. 2Contract checkControl, tools, substitution tests
  3. 3ContractorProfessional fee · TDS 194J
  4. 4GST18% if turnover crosses threshold
  • A freelancer / independent contractor must register for GST once aggregate turnover crosses ₹20 lakh (₹10 lakh in special-category states) and then charge 18% on professional fees.
  • Once registered, they issue GST invoices and file GSTR-1 and GSTR-3B like any other service provider.
  • The tests for employee vs contractor: control and direction, use of the employer's tools, fixed hours, and whether the person can substitute someone else.
TaxClue Insight

Mislabelling a full-time consultant as a "contractor" to save on payroll can backfire: if the arrangement is really employment, GST charged on the invoices may be disputed, and PF/ESI and TDS-192 exposure can follow. Get the classification right before you sign.

Freelancer crossing the GST threshold? Get registered the right way.

Get Freelancer GST Help →
Staffing & deputation

Manpower Supply & Employee Secondment

When a staffing agency supplies workers to a company, it is providing a service under SAC 9985 — 18% GST on the placement / service charge. The salary the agency pays its own workers stays outside GST; only the agency's service fee is taxed. The hiring company can claim ITC if the service is used for its business.

✓Outside GST

  • Salary the agency pays its own workers
  • Reimbursement of exact cost as a pure agent
  • A genuine employer-employee relationship

!GST at 18% applies

  • The staffing agency's placement / service fee
  • Secondment with a mark-up or control shift
  • Deputation treated as a supply of manpower
Secondment is a litigation hot-spot

Following the Supreme Court Northern Operating Systems ruling, deputing employees to a related entity for consideration can be treated as a taxable supply of manpower at 18% — even without a mark-up, if the recipient controls the seconded staff. Document cross-charges carefully and take advice before you structure a secondment.

Using contract staff or seconding employees? Get the GST treatment reviewed.

Get GST Advice →
Now settled

Notice Pay, Bond & Other Recoveries

For years, notice pay recovery was disputed. CBIC Circular 178/10/2022-GST (3 Aug 2022) settled it: notice pay recovery, employment-bond forfeiture and similar compensatory recoveries are not a supply and carry no GST — they are compensation for breach of the employment contract, not consideration for tolerating an act.

  • Employee salary & wages
  • Bonus & incentives
  • Notice pay recovery
  • Employment-bond forfeiture
  • Reimbursement at actual cost
  • Executive director on payroll

These sit outside GST. What remains taxable is the genuinely distinct service — director professional fees, manpower supply and contractor invoices — each at 18%.

Sources
  1. Employment exclusion: Schedule III, CGST Act 2017
  2. Director remuneration: CBIC Circular 140/14/2020-GST (10 Jun 2020)
  3. Notice pay & recoveries: CBIC Circular 178/10/2022-GST (3 Aug 2022)
  4. Rates & SAC: gst.gov.in · cbic-gst.gov.in

Disclaimer: This guide is general information based on the law and notifications in force when it was last updated. It is not professional advice for your case — rates, thresholds and due dates change, so check the current position with the official source before you act on it.

People also ask

Questions, answered

Short, direct answers to the 16 questions readers ask most on this topic.

No. Salary paid to an employee is not subject to GST. Schedule III of the CGST Act 2017 states that services by an employee to the employer in the course of or in relation to employment are neither a supply of goods nor a supply of services, so they fall entirely outside GST. Income tax (TDS under Section 192) and professional tax still apply, but no GST is charged on salary.

No. A salaried employee does not need GST registration on account of salary, because salary is outside the scope of GST under Schedule III. GST registration is triggered by a taxable supply of goods or services above the threshold — earning employment income is not such a supply.

No. A bonus, incentive or ex-gratia paid to an employee as part of the employment relationship is treated the same way as salary — outside GST under Schedule III. It forms part of the employee's remuneration and only income-tax TDS applies.

No. The employer does not add or pay GST on the salaries it pays its own employees. The employer-employee relationship is outside GST. The employer's GST obligations relate to its own taxable supplies, not to its payroll.

It depends on the director's status. A whole-time or executive director on the company payroll is an employee, so remuneration booked as salary (TDS under Section 192) is outside GST. A non-executive or independent director is not an employee, so their sitting fees, commission and professional fees attract 18% GST, payable by the company under reverse charge.

The company. For a non-executive or independent director, GST at 18% is payable under the Reverse Charge Mechanism (RCM) — the company self-assesses and deposits the tax directly. The director does not raise a GST invoice or collect the tax. The company can claim ITC on this RCM GST if used for business.

No. A whole-time or managing director who is on the payroll and whose remuneration is treated as salary (TDS deducted under Section 192) is an employee for GST purposes. That salary is outside GST under Schedule III, exactly like any other employee's salary. GST arises only on amounts paid to a director in a non-employee capacity.

Yes, above the threshold. A freelancer or independent contractor is not an employee — they supply a service under a contract for service. Once aggregate turnover crosses ₹20 lakh (₹10 lakh in special-category states) they must register and charge 18% GST on their professional or consulting fees, issue GST invoices and file GST returns.

An employee works under a contract of service — under the employer's control and direction, using the employer's tools, on fixed terms — and salary is outside GST. A contractor works under a contract for service, independently, and their income is professional income on which GST can apply. The control, tools and substitution tests decide the classification.

A service-provider freelancer can opt for the composition scheme for services if turnover is up to ₹50 lakh, paying a flat 6% GST without Input Tax Credit and without charging GST separately on invoices. Whether it suits you depends on your clients and cost profile — many B2B freelancers prefer normal registration so their clients can claim ITC.

Manpower supply — a staffing or labour agency deploying workers to a company — is a service under SAC 9985 taxed at 18% GST on the placement or service charge. The agency registers, charges 18% on its invoice, and the hiring company can claim ITC if the service is used for business. The salary the agency pays its own workers stays outside GST.

Often, yes. Following the Supreme Court decision in Northern Operating Systems, deputing employees to a related entity for consideration can be treated as a taxable supply of manpower at 18% — even without a mark-up, where the recipient controls the seconded staff. The exact treatment is fact-specific, so secondment arrangements should be documented and reviewed carefully.

No. CBIC Circular 178/10/2022-GST (3 August 2022) clarified that notice pay recovery is not a supply and carries no GST. When an employee leaves without serving the full notice, the amount recovered is compensation for breach of the employment contract, not consideration for tolerating an act, so it is outside GST.

No. Forfeiture of an employment or training bond when an employee leaves early is treated the same as notice pay recovery under CBIC Circular 178/2022 — it is compensation for breach of contract, not consideration for a supply, and therefore outside GST.

Reimbursement of an employee's actual expenses at cost, where the employer or a pure agent simply recovers the exact amount, does not attract GST. GST can arise only where there is a distinct supply of goods or services with a mark-up or consideration beyond a genuine cost reimbursement.

No. TDS under Section 192 is income tax (a direct tax) deducted from salary, and professional tax is a state levy — neither is GST. Salary attracts these employment-related deductions but no GST at all, because it is outside the scope of GST under Schedule III.