In a significant finding, a study has claimed that the government suffered revenue losses of $ 866 million (about Rs 3,900 crore) in 2009 on account of the high rate of software piracy in the country.

Businesses, who are otherwise legitimate, use software on a large scale but they evade paying tax when they are not buying licensed software, thus causing a big loss to the state exchequer and disruption of the domestic software eco-system, says an International Data Corporation (IDC) whitepaper, ’Software Piracy in India’, released here.

Despite the growth in the Information Technology (IT) sector, substantial value in the form of potential revenues is lost due to software piracy. With a software piracy rate of 65 per cent in 2009 (more than six out of ten PC software programmes installed in 2009 were not paid for), the study finds that only one-third of the overall PC software revenues are captured by the industry incumbents and the rest are lost to software piracy.

Consequently, in 2009, the state exchequer tax receipts loss was approximately $866 million in net taxes, both indirect and direct, it notes.

According to IDC study, 65 per cent software piracy of packaged software caused a loss of commercial value of unlicensed software totalling over $2.27 billion, which in turn caused the domestic economy to lose $5.3 billion of software, services and channels revenues to software piracy.

Consequently, the state exchequer tax receipts loss was roughly $866 million at the current piracy and employment levels, as the industry lost its otherwise legitimate share of revenues to pirates, the paper has stated.

The rising usage of computers and Internet in India year-on-year, and ICT taking centre-stage in being a business enabler plus a driver of innovation and governance, it is important for the Indian government to curb software piracy levels to harness the full potential of the IT industry, the paper says.

According to the study, reducing software piracy will stimulate spending throughout the IT value chain. Because of software’s unique role as a revenue generator for local service and distribution companies, three-quarters of the benefits generated by reducing software piracy are enjoyed by the domestic economy.

“These findings make clear that there is a direct correlation between reduction of software theft and economic benefits to the Government and the domestic economy. The millions of dollars being lost in taxes to the state due to software piracy if checked, could lead to re-investment in critical developmental projects for the country, a necessity for high growth economy like India.”

“The need of the hour is to put in place some strong regulatory mechanisms to prevent software theft leading to these tax losses,” said Mr Lizum Mishra, Director, BSA India, adding that in some countries usage of unlicensed & pirated software in companies has already been declared as a form of “tax evasion’’.

To curb the levels of piracy, IDC and BSA have, among other things, proposed that Indian tax laws should be amended to classify software piracy as a form of tax evasion and define corresponding tax violation rules on the lines of international best practices and empowering government tax inspectors, external and internal auditors to check and account for genuine software licenses inside organisations, whether public or private limited.

“Spread awareness around legal, financial and security threats from software piracy and the value of genuine licences inside organisations and related tax implications. The objective is to get a critical mass of people to use legal software and then let the bandwagon effect reach new self-sustaining equilibrium, where the use of legal IP products becomes a societal norm,” they said in a statement issued along with the study findings.

The BSA is a global representative body of the software industry operating in 80 countries to expand software markets and create conditions for innovation and growth.

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