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Freelancer alert: Not an export code-A purpose code!

Category : Content Marketing, Freelance content, Freelancing, Money & Finance

While we have been busy speculating on what is an export code and what it takes to get one issued from DGFT, paypal has issued a clarification that it is not an “export code” but a purpose code which needs to be entered into the paypal site to enable Indian account holders to withdraw from their accounts to the Indian bank account. They have also made the task easy by providing all the codes that would need to be used on their blog post itself.

So much for the storm in the tea cup and the emotional outbursts against the RBI and paypal and all the ravings and rantings of my fellow freelancers who wished to commit a business suicide where freelancing was concerned!

Before talking about the implications of this move and also what Indian freelancers need to look out for in the future, I would like to appreciate the extremely professional and collected manner in which Paypal has handled the crisis. While the Indian business is not very large, Paypal had a commitment to its clients and perhaps all the Asian clients were watching the fall out and outcome of the crisis. Paypal remained tightlipped during the initial phases of the crisis to avoid speculation and panic and calmly set about doing whatever it takes to set the situation right for everyone round. Kudos to Paypal!

Well, the purpose code as Paypal chooses to call it will give a hook for RBI to collect the data and also evaluate the amount of foreign exchange that is being transacted by Indians. It will also help the premier bank frame a policy for how it will handle this type of foreign trade in the future. In a sense this is real good news for the Indian freelancers and could be bad news for those who are making big money in this field and not paying their taxes on Income? There is now a tracking mechanism in place where transactions through paypal are concerned. The good news is that India is getting ready to regularize the largely unorganized sector that operates over the Internet.   Maybe Indians will no longer be vulnerable to the scamsters and sharks that populate the Internet. Maybe cyber laws will offer some newer modes of protection to this largely helpless and vulnerable set of small businesses that are mushrooming in India.

One question that needs to be answered is: What about those thousands of Auction sites like Rentacoder, Elance, guru, getafreelancer etc which also do a kind of payment settlement for Indians? They act as intermediaries between buyers and sellers and collect money from buyers on behalf of sellers and then settle accounts with the latter at the end of every month. Do they also need to get a license from the RBI to operate in the Indian context?  These sites have a tie up with Paypal and payment agencies like Payoneer or they send checks to Indians by snailmail. Will RBI be contacting them next with requests for compliance? The RBI does not seem to have contacted these sites as yet.

Let us wait and watch. Stay tuned in for more from me on this blog!

Freelancer Alert: Export Code(IEC)

Category : Business, Freelance content, Freelancing, Information Technology, Money & Finance, News and society

The email from Paypal has elicited a mixed response. Many are happy to see the light at the end of the tunnel but are puzzled by the rider that everyone would have to enter an Export code before they are permitted to withdraw the funds to their bank account.  I see many blog posts which ask “What the hell is Export code?” So this information may be useful for you.

The Foreign Trade(Development and Regulation) Act 1992 stipulates that every exporter or importer of goods and services must apply for and obtain an Importer-Exporter Number(IEC Number).  The application for obtaining this number needs to be made under section seven of this act to the Director General. Under this act an importer is anyone who brings in goods or services into the country and an exporter is one who sends out goods and services via land, sea or air. However, the term “goods” is not defined in the act itself and the meaning is derived from the dictionary meaning of the word or from the Import-Export regulation act of 1947 which preceded the current act. As per this act “goods” is defined as any “article, animal, substance or property whatsoever”.

There has been a lot of controversy whether sending of digital material over the Internet would qualify as “goods” or “services” and whether the process of transmitting the information over the Internet falls within the ambit of sending out of India goods or services “by land, sea or air”.  Since the issue was unclear, freelancers were not asked to apply and obtain the IEC number under section 7.

However, there was a move to include services into the ambit of the act from time to time. Objections from the Finance Ministry kept the amendment at bay for some time.  The Standing Committee on Commerce made suggestions on Foreign Trade (Development and Regulation) Amendment Bill, 2009 which included a suggestion to bring “Techonology” and “services” including “financial services” under the ambit of the act.  The bill was  submitted on the 25th of November 2009 to effect the following amendments.

2(a) (ii) Supplying Service or Technology from the territory of India to another country; from India to a service consumer in another country; by a service supplier in India through a commercial presence in another country; through a service supplier in India, through Indian naturals in the territory of another country.

Elaborate definitions of service and technology have also been included in the act. You can get more information at http://164.100.47.5/newcommittee/press_release/bill/Committee%20on%20Commerce/Foreign%20Trade%20%28Development%20and%20Regulation%29%20Bill,%2020090001.pdf .  The net result of this amendment would be that all freelancers who supply software or other kinds of services to consumers abroad must apply for and obtain a IEC number.

I am unable to ascertain whether the bill has been passed or is still pending. If it has been passed, freelancers should get ready to apply for the IEC number! Stay tuned in for more information!

Indian freelancers Be alert!

Category : Business, Content Marketing, Freelance content, Freelancing, Money & Finance, Types of content

Paypal has finally got the green signal from the RBI to resume services subject to certain constraints. Paypal will be allowing Indian freelancers to withdraw funds soon. However, there is a rider!  They have to enter an export code before they are permitted to withdraw. Paypal does not say who will issue the export code but says that this is required by Indian laws.  The reality is that every freelancer in India will now have to apply for the Export code under the Foreign Trade (Development and Regulation) Act 1992 and get the Exporter-Importer code number issued before they can withdraw money from Paypal! That could take months! There are also a number of other laws which will come into play for the exporter of goods and services–RBI, FEMA, Service tax act and so on.

So I would like to advise my fellow Indian freelancers to get cracking and find out what compliance with these laws imply and how to go about  complying with the laws and getting the numbers you require for continuing to operate. I shall keep you updated from my blog http://www.consult4content.com/blogs. So stay tuned in.

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