By CA Surekha S Ahuja
For Domestic and Cross-Border OTA Bookings
Applicable for AY 2026-27 | FY 2025-26
Prepared for: Indian Hotels receiving bookings via Indian or Foreign OTAs, and Foreign Hotels receiving Indian customer bookings.
Objective
Hotels operate at the intersection of Income-tax, GST, Equalisation Levy (EL), and FEMA. Misinterpretation of transaction flows can trigger:
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TDS disputes
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GST mismatches or RCM failures
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EL issues
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FEMA / remittance complications
This guidance provides a complete, audit-ready, and publication-ready framework for hotels to manage all compliance aspects end-to-end, including cross-border scenarios, documentation requirements, and remedies.
Classification of OTA Transactions (Hotel Perspective)
Correct classification is the first step for compliance. Each transaction must be classified along three axes:
| Axis | Categories |
|---|---|
| Hotel Location | Indian / Foreign |
| OTA Location | Indian / Foreign |
| Commercial Model | Merchant (collects money), Agency (Pay at Hotel), Hybrid / Partial Collection, Referral / Network |
Compliance outcomes flow directly from this classification.
Commercial Models & Compliance
Merchant Aggregator Model (OTA collects money)
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Examples: MakeMyTrip Prepaid, Agoda Prepaid, Expedia Collect
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Flow: Customer → OTA → Hotel
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Income-tax: OTA deducts TDS @1% u/s 194-O on gross booking; hotel claims TDS credit. EL does not apply if OTA is Indian.
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GST: See updated GST implications below.
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Documentation: OTA agreement, settlement statements, GST invoices, Form 26AS / AIS.
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Audit Tip: Reconcile monthly; maintain separate ledgers for gross revenue and commission.
Agency Model (Customer pays hotel directly)
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Examples: Booking.com Pay at Hotel
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Flow: Customer → Hotel → OTA commission invoice
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Income-tax: TDS on commission: 194H (Indian OTA) / 195 (Foreign OTA with PE). EL @2% applies if foreign OTA without PE.
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GST: See updated GST implications below.
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Documentation: OTA agreement, commission invoice, EL challan (if foreign OTA), bank remittance proof.
Hybrid / Partial Collection Model
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Split collection between OTA and hotel; apply 194-O only on OTA-collected portion; TDS/EL on commission; GST split per revenue portion.
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Documentation: OTA statements with split collection, GST invoices, reconciliation.
Referral / Network Model
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OTA provides leads; hotel collects payment. OTA income treated as commission or brokerage; TDS applies (194H / 195 or EL). GST on commission (RCM if foreign).
Equalisation Levy (2% on Foreign OTA Commission)
Applicability Conditions (All must be satisfied):
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OTA is non-resident
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Provides e-commerce supply/facilitation
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Receives consideration from Indian hotel
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No PE in India
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Transaction not taxable under Income-tax Act
Threshold: OTA total Indian receipts > ₹2 crore. Hotels do not test the threshold.
Procedural Steps for Hotels:
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Compute 2% EL on gross commission
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Deposit by 7th of next month
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File annual statement (Form 1)
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Maintain challans and settlement statements
Audit Risk: Non-payment → expense disallowance u/s 40(a)(ib).
EL vs TDS: TDS u/s 195 is not applicable if EL applies.
Hotel safeguard: Obtain annual PE declaration from foreign OTA.
Updated GST Implications (Post September 2025 Reforms)
The GST rates and ITC availability for hotels were updated by the GST Council in September 2025:
Room Tariff GST
| Room Tariff (per room per day) | GST Rate | ITC Available? |
|---|---|---|
| ≤ ₹7,500 | 5% | No ITC |
| > ₹7,500 | 18% | ITC Allowed |
Key Points:
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ITC is blocked for supplies taxed at 5% without ITC, e.g., rooms ≤ ₹7,500.
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For mixed supplies, ITC must be apportioned based on actual supplies (Rules 42–43, CGST Rules).
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GST on restaurant or banquet services may differ depending on premises and service type, typically 18% with ITC.
OTA Commission
| Payment Type | GST Treatment | ITC Position |
|---|---|---|
| Commission by Indian OTA | GST charged by OTA (18%) | ITC Claimable |
| Commission to Foreign OTA | GST under Reverse Charge @ 18% | ITC Claimable |
Practical Notes:
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GST under RCM on foreign OTA commissions must be paid monthly.
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ITC on RCM payment can be claimed if the input is used for business and not blocked under Section 17(5).
Cross-Border Booking Scenarios
| Scenario | OTA | Customer | Hotel Exposure | TDS / EL / GST |
|---|---|---|---|---|
| Indian Hotel + Foreign OTA | Non-resident | Domestic / Foreign | Pay commission | EL 2%; No TDS; GST RCM on commission |
| Indian Hotel + Indian OTA | Resident | Domestic / Foreign | Receives gross booking | TDS 194-O @1%; GST as above; No EL |
| Foreign Hotel + Indian OTA | Resident | Domestic | Commission received | TDS 194H / 195; GST on commission; EL not applicable |
| Foreign Hotel + Foreign OTA | Non-resident | Domestic / Foreign | Commission received | No TDS/EL in India; GST outside India |
Documentary Requirements – Hotel-Centric
Income-tax / TDS / EL
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OTA agreements with model specification
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PE declaration (foreign OTA)
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Commission invoices
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TDS certificates (if any)
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EL challans and Form 1
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Settlement statements / bank advices
GST
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Hotel tax invoices (room tariff)
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OTA commission invoices
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RCM computations (foreign OTA)
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Monthly reconciliation and GSTR-1 / 3B compliance
FEMA / Banking
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FIRCs / bank advice for foreign remittance
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Purpose code declaration
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Agreements submitted to bank for validation
Common Errors & Remedies
| Error | Correct Treatment / Remedy |
|---|---|
| Applying TDS 195 on EL-applicable payment | Pay EL 2% only; TDS not required |
| Netting commission from revenue | Record gross revenue and commission separately |
| Ignoring GST on RCM on foreign OTA commission | Pay GST under RCM, maintain ITC records |
| Missing PE declaration | Obtain declaration annually; preserve for audit |
Audit and Assessment Defense
Maintain a comprehensive compliance file:
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OTA agreements with model description
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PE declarations
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EL computations & deposit proofs
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TDS certificates / Form 26AS / AIS
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GST invoices & reconciliation
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Bank remittance proofs
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Settlement statements
This resolves most 142(1) notices, audit queries, and EL disputes.
Key Judicial and Regulatory References
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Section 194-O – E-Commerce TDS obligations
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Section 165A / Equalisation Levy – 2% on foreign OTA commission
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CBDT Circular 715 – Clarification on hotel payments under 194I / 194C
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DTAA Article 7 – Business profits of foreign OTA without PE
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East India Hotels Ltd v. CBDT (1994) 209 ITR 854 (Bom) – Hotel services not “work” for 194C
360° Compliance Takeaways
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Identify the OTA model correctly
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Apply TDS, EL, GST per model precisely
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Maintain gross revenue separate from commission
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Reconcile monthly
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Preserve all documentation (agreements, PE declarations, invoices, settlements, FIRCs)
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Maintain an audit-proof compliance file at all times
Hotels following this framework are fully protected from TDS disputes, EL assessments, GST mismatches, and FEMA scrutiny.
