OIDAR in India: Authorised Signatory vs Liable Representative (Explained)
Foreign OIDAR sellers need an authorised signatory to operate the GST account — distinct from the s.14 'liable person'. The roles, and the filing-only default.
Ravi Patel
Editor-in-charge
Last Updated
2 June 2026
Contents
Foreign OIDAR sellers often see the word “representative” and assume they must appoint one to be liable for Indian tax. In practice there are distinct roles, and most sellers only need the operational one. The key distinction is between an authorised signatory (operates the GST account, files returns) and a Section 14 “liable person” (carries the tax liability). Our standard service is filing-only — you remain the taxpayer.
The roles, disambiguated
| Role | What it does | Tax liability |
|---|---|---|
| Authorised signatory | Operates the OIDAR GSTIN, files GSTR-5A on the foreign company’s behalf | Operational only — none for the tax itself |
| Section 14 “liable person” | The no-presence fallback person “liable for payment of such tax” (+ interest/penalty) | High — the department can pursue this person |
| GST practitioner (s.48) | Can file and represent under their own credentials | None for the tax (stays with the taxpayer) |
| s.116 representative | Appears before authorities in notices/proceedings | Conduct only |
What you actually need to register and file
To register via REG-10 and file GSTR-5A, you need an authorised signatory — a person who operates the portal account. This can be handled for you by a service provider; the registration remains in your foreign company’s name. The REG-10 form has a separate, optional element for appointing an India-based representative (“if any”) — it is not a blanket requirement.
So for the great majority of foreign digital sellers, the answer is: appoint (or have us act as) an authorised signatory, file monthly, and you remain the taxpayer.
Filing-only vs a liable representative
- Filing-only (the default, and our standard service): we prepare and file your returns as authorised signatory; you pay your own IGST to the government. No one else takes on your tax liability. This is the right fit for almost everyone.
- A funded “liable representative” arrangement: a vetted entity takes on more responsibility under a carefully structured, escrow-funded model — relevant only to specific situations and offered selectively. It is not part of the standard $399/$129 package, and we never hold or skim your tax.
The takeaway
Don’t over-complicate it: registering for OIDAR GST needs an authorised signatory, not a tax-liable representative. You stay the taxpayer. See the OIDAR guide for registration and filing, or our filing-only service.
General information as of June 2026, not legal or tax advice. The liable-representative structure is situation-specific and requires professional sign-off.
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Ravi Patel
Founder & CEO, BatchWise
Having navigated Indian compliance for years, Ravi created BatchWise to bridge the gap between "DIY AI slop" software and expensive traditional firms. He ensures SMEs and foreign subsidiaries have reliable, expert guidance without the friction.