Transcript GST 2010
Presented By CA Swatantra Singh, B.Com , FCA, MBA Email ID: [email protected] New Delhi , 9811322785, www.caindelhiindia.com, www.carajput.com 1 GST – Where are we and what next ? To recapitulate – GST Principles Imports - Taxed Business Business Exports – Relieved of tax Internal trade – Tax sticks to goods GST Model Central Level GST…… State Level GST…… Centre and State to legislate, levy and administer How is it different from current system ? Central VAT/Service Tax to GST Current and Proposed Design Features Tax on manufacture of goods & provision of services – Tax on supply of goods & services Multi point tax with input tax credit - same Standard rate across country – national level - same Exports – zero rated – almost full input tax credit – same Imports –subject to CenVAT/Service tax - same Central VAT/Service Tax to GST Current and Proposed Design Features Invoice based credit system - same Registered dealer concept for maintaining chain – not required Value added by trade not captured – will be captured Origin based Manufacturing Sector Goods VAT & Service Sector VAT to Central GST State VAT to State GST Current and Proposed Design Features Tax on sale of goods – services not covered – services will be covered Multi point tax with input tax credit - same Exports – zero rated – full input tax credit for state VAT and partial for service tax - same State VAT to GST Current and Proposed Design Features Imports – tax free – will be taxable Invoice based credit system - same Value added by trade for goods captured – same Destination based Trade Sector Goods VAT to S-GST To what advantage – why dual model ? Two level GST - merits Achievable from constitutional perspective No adverse impact on Central and State Government revenues/ cash flows No need for major shift in staffing requirements GST on import of goods – issue of unequal treatment of domestic and imported goods addressed Exports can be relieved of taxes – more competitive Revenue Receipts- Indirect Taxes (State level) 2004-05 2005-06 2006-07 (as a % of the total revenue) (as a % of the total revenue) (as a % of the total revenue) Sales Tax * 61.7 61.6 62.6 State Excise Duties 11.6 11.6 11.4 Stamp duty & Reg. fee 10.4 10.7 11.0 Other Taxes 16.3 16.1 15.0 Total 100 100 100 * Comprises of General Sales Tax, Central Sales Tax, Sales Tax on motor spirit and Purchase Tax on sugarcane, etc. Source: Economic Survey 2006-07 and State Finance report from RBI website Two level GST - Demerits Cost of compliance for businesses- will continue to be high Apprehensions/risks continue: – Variable rates/Exemptions/trade diversion – Non uniformity of classification – Double taxation – overlap between states and Centre and states – Multiplicity of litigation……. “Feel Good” Factor ( ? ) International Comparatives? Australia ? United States of America ? Canada ? Brazil ? EU ? Major Reform….what is reform ? A tax loophole is something that benefits the other guy. If it benefits you, it is tax reform. Full of challenges Issues and Challenges Constitutional Amendment Constitutional Amendments Central List State List New List ?? Taxes to be subsumed? Central Level State Level Comprehensive Sin/Demerit goods? Services ? Statute/Rules Two 28 + Rates Same at Centre and State/for goods & services? Same for intra state and interstate transactions ? Same for special types of transactions like works contracts, leases ? How many ? Fixed / Variable – flexibility within range ? Exemptions ? Who should determine ? GST Rates - International comparison GST Rates - International comparison 35.0 24.1 30.0 15.0 12.5 13.0 14.0 15.0 17.0 17.5/15 19.6 France 20.0 19.0 Germany 25.0 20.0 10.0 10.0 5.0 * CENVAT: 10.3 % + VAT;12.5 % Source: KPMG India Italy UK China Mexico South Africa Canada New Zealand Australia 0.0 Classification Common across the country? Interpretations – how to ensure uniformity? Valuation Tax base for both levels same ? Common across the country ? Interpretations – how to ensure uniformity? MRP based and like – should continue ? Interstate Transactions Intra-state and Inter-state Trade – avoid double and no taxation Goods Services Central Sales Tax Act – abolition or modification? Central Sales Tax 25000 19345 20000 17371 14284 15000 10000 5000 0 2004-05 2005-06 (RE) 2006-07 (BE) CST collection Budgetary support of Rs 5495 crore Source: State finance report from RBI website; Budget speech 2007-08 Proposed IGST Model Manufacturer (Maharashtra) CGST + SGST Buyer (Maharashtra) IGST Buyer (Delhi) Sale price Add: CGST (10 percent) 100 10 Add: SGST (10 percent) Total 10 120 Sale price Add: IGST (20 percent) Total 120 24 144 IGST payable (24-10-10) 4 IGST payable by utilising IGST, CGST, SGST 27 Impact of taxing Inter-state stock transfers: Illustration Raw Material Pre – GST Price Excis VAT e (12.5%) / (10%) CST (2%) Raw Material Post - GST Pri ce CGS T (10 %) SG ST (10 %) IGS T (20 %) Product X (local) 400 40 55 Product X (local) 400 40 40 - Product Y (interstate) 400 40 8.8 Product Y (interstate) 400 - - 80 Total 800 80 63.8 Total 800 40 40 80 Company A manufactures Product P which is stock transferred at INR 1000 28 Input Tax Credit Comprehensive for each level Central to Central and State to State Restrictions and limitations – capital goods, consumables, promotional materials, fuel? Deemed sale transactions Interpretations – how to ensure uniformity ? Proposed Credit utilisation under GST Credit available for utilisation Output Liability IGST, CGST, SGST IGST CGST, IGST CGST SGST SGST, IGST Basic Exemption Common or different? For goods and services For Central GST and State GST Between States Should apply on cumulative basis? Others Incentive Schemes Records Advance Rulings Assessments / Audits Transition provisions …… & More…… Other Issues Taxable event – sale / supply (for inter-state) / raising of invoice MRP scheme to be abolished Impact on high seas sales, exemption to in-transit sales? Job work – whether supply of ‘goods’ or ‘service’? Job work arrangements - valuation, treatment of credit etc Transition related matters – closing stock, accumulated credit 33 Central Indirect Tax Regulatory Authority/GST Council… …formalization of EC... … a possible solution ? Road ahead – what businesses ought to do? What this transition will entail Changes in effective tax rates for supplies as well as purchases Supply chain: Tax cost on sourcing/ distribution/ logistics Transactions/ Supplies which are currently exempt from tax may become liable to GST, and vice-versa Input taxes which are currently a cost may be eligible as ‘credit’ in future Finance: Impact on cash flows, project costs Marketing: Impact on product price, promotional schemes Special tax computation schemes, valuation provisions may be amended/ withdrawn IT: Invoicing, returns, MIS reports 36 Compute GST Liability Import goods 100 Manufacturer-Maha Pur goods in Maharashtra 60 Sale in Maharashtra 150 Interstate Purchase 40 Stock transfer to Gujarat 80 Import - Tech services 50 Sale to Rajasthan consumer 100 Sale to Madhya Pradesh dealer 70 Assumptions Interstate Services 40 C-GST: 12 % S-GST: 8 % I-GST: 20 % Domestic Services 10 Basic Elements of GST GST is an indirect tax on consumption. GST (multi-stage) is contemplated to be charged and collected at each stage of the production / processing / trading, on the value addition of goods and services A dual GST is being proposed wherein a Central Goods and Services Tax (CGST) and a State Goods and Services Tax (SGST) will be levied on the taxable value of a transaction. Basic Elements of GST Exports would be zero-rated. GST must contemplate set-off of tax paid on inputs / capital goods and services. GST will require maintenance of accounts of tax paid on purchases and sales of goods and services. In a GST regime the tax component in any transaction is identifiable /computable VAT vs GST - Preamble VAT / CST GST GST will be governed under List I of the Seventh Schedule GST will be governed under List II of the Seventh Schedule Governed under entry no. 54 of List II and entry no. 92A of the List I to the Seventh Schedule Or Possible that both CGST and SGST will be governed under List III of the Seventh VAT vs GST – Preamble VAT / CST Article 286 lays down the principles for formulating the transactions relating to export / import / sale effected outside the State GST It appears that Article 286 may continue even under GST regime with certain modifications to include interstate movement of goods and principles relating to services GST Preamble Taxes most likely to be subsumed by GST Central Excise Service tax Additional duty of customs VAT Entry tax not in lieu of Octroi Luxury tax, Entertainment tax, Electricity taxes. Most of the Local laws, except stamp duty. State surcharges related to supply of goods and services Customs duty will remain outside GST VAT vs GST – Preamble VAT / CST GST Currently there are 29 State It appears that even VAT laws under GST regime there will be 29 SGST laws and one CGST law. CST law – applicable in case of inter-State transaction and subject to tax at the rate of 2% (against C Form) or local rate (without C Form) as the case may be IGST law will be favoured in respect of inter-State movement of Goods. The taxes charged under IGST could be available for set-off. VAT vs GST - Preamble GST Same will be the case even VAT is not adopted under GST regime in its pure form No set-off will be allowed No set-off is under other State levies allowed on central sales tax paid and It appears there will be certain restrictions in respect of other State levies allowing set-off of Central such as luxury tax, GST against State GST or vice entry tax etc versa. Further Customs duty paid may not be allowed as set-off under State GST. VAT / CST VAT vs GST - Preamble VAT / Service Tax / Excise Under VAT law – Goods are listed for the purpose of levy of taxes Under Service Tax – Taxable services are defined Under Excise Law – Excisable Goods are listed for the purpose of levy of taxes GST Under CGST / SGST – - Goods will be listed for the purpose of levy of taxes. This will be based on the HSN classification - Services will be defined as – those which are not goods. The law will only list down the exempted services. VAT vs GST - Registration VAT/CST Registration mandatory if the total turnover is in excess of Rs. 2 lakhs (Rs. 1 lakh in certain cases). One registration number (TIN) applicable for VAT / CST / KTEG / PT. GST Registration is mandatory under - SGST –threshold limits will be in the range of Rs. 10 lakhs. - CGST – threshold limits will be in the range of Rs. 10 lakhs Two registration numbers may be applicable – one for CGST based on PAN number and other for SGST State wise which may include KTEG / PT VAT vs GST - Transitional Provision VAT / CST Transitional provisions – allowed to avail set-off only in respect of those purchases which are: - effected within the State; - effected within one year; and - Lying in the closing stock GST Transitional provisions – Set-off may be allowed in the following manner: - Excise duty / service tax (CENVAT credit) will be allowed only against Central GST; - VAT will be allowed to be set-off only against State GST; - CST paid would not be entitled for set-off; - Credits relatable to immediately preceding 6 months or 1 year and are lying in the stock / WIP in respect of goods. Services is an issue. VAT vs GST – Output tax / Output service GST VAT Applicable on both goods and services Applicable on sale of In respect of goods, the SGST levy will goods be origin based whereas in respect of service tax the levy will be consumption based. It is an origin based levy The rate of tax followed by different States are: - 1%, 4%, 7.5%,8%, 12.5%, 20%, 2%, 5%, 15% etc The rate of tax that may be followed by different States are: - Central GST - 8% to 10%, 0%, 1%, 4%, 20% and exempt - State GST - 8% to 10%, 0%, 1%, 4%, 20% and exempt. VAT vs GST – Output tax / Output service VAT / CST Few commodities are subject to tax under the KST law even after VAT is introduced. GST It appears that KST / VAT / CST law will continue parallelly even under the GST regime and may not be repealed till such time litigation concludes and time for revision exists. In respect of inter-State movement of goods IGST will be introduced. Integrated GST (IGST) In case of inter-State movement of goods - The dealer is required to pay IGST. - IGST will be administered by the Central Government. - The buyer will be entitled to avail IGST as credit and can claim set-off against only CGST or IGST VAT vs GST – Output tax / Output service GST VAT / CST The concept of HSN classification is not followed in totality. Tax will be levied on sale price It is widely expected that HSN system of classification will be implemented only in respect of Goods but not in respect of services. Both Centre and State will list down the services which would be exempt. The same concept will be implemented wherein the taxes will be levied on sale price. However, in respect of services, valuation rules might be considered. VAT vs GST – Output tax / Output service VAT / CST Declared goods under the CST law is subject to tax at the rate of 4% Each State has the power to exempt few commodities C Form / Form F / Form H / Form I GST The concept of declared goods may be continued even under the GST regime specifically under State GST Same may be continued even under the GST regime Similar statutory forms will be continued in order to have control over the movement of goods from one State to another State VAT vs GST – Output tax / Output service VAT / CST Works contract is a complex issue and subject to tax only in respect of goods sold. GST Possible that there will be a different chapter itself in respect of works contract. However, each State may have its own method of levying taxes on works contract. A set-off valuation rules might be introduced in this regard. Same may not be continued under the GST regime. However, each Composition SGST law may have composition scheme is applicable scheme for small dealers, subject for works contract to threshold. VAT vs GST – Input tax / CENVAT credit GST Set-off may be permissible in No set-off against inter-State purchases respect of inter-State purchase – since the IGST payable in the buying State will be subject to e-clearing home mechanism. VAT / CST No set-off against Set-off may not be allowed in duty paid under both respect of customs duty under Central Excise and SGST. Service Tax No set-off against Customs duty paid VAT vs GST – Input tax / CENVAT credit VAT / CST GST Partial rebating is Partial rebating concept may allowed in respect of be introduced even under the goods used for both GST regime. There will be taxable and different formulae one needs to exempted adopt for CGST and SGST Stock transfer to a place outside the State - not liable to tax but subject to input tax restriction Major issue under the GST law more specifically concerned with stock transfer of services. It appears that there will not be any stock transfer concept under GST regime in respect of services. VAT vs GST – Input tax / CENVAT credit VAT / CST Input tax credit in respect of specified capital goods is allowed immediately in few States. GST IGST – set off may be allowed over a period of time; Movement of capital goods from one State to another – input tax credit is allowed partially SGST – May vary between the States SGST – May be allowed partially and be subject to restrictions VAT vs GST – General Exemption VAT / CST Sale to SEZ unit / International Organization Based on white paper – around 50 commodities were identified for the purpose of exemption GST Same will continue even under the GST regime Similarly, States may be empowered to exempt certain commodities. In other words, goods which are exempt from State GST need not be exempted from IGST. VAT vs GST - Administration VAT / CST VAT / CST law – administered by one authority Clarification / Notification issued by the authorities / Government is applicable only in the State GST State GST will be administered by the State and Central GST will be by the Union. Clarification / Notification issued by the Union in respect of Central GST may not hold good in the appropriate State and vice versa VAT vs GST - Administration VAT / CST Assessee / Dealer is subject to various assessments, appeals etc. Few States have abolished Advancing Ruling Authority GST Even under the GST regime, the dealer / assessee will have to undergo various assessments, appeals etc. Advance Ruling provision may be enacted subject to certain conditions. It appears that two authorities will be constituted. VAT vs GST - Administration VAT / CST In respect of inter-State transaction – CST law monitors the movement of goods and also the applicability of taxes Checkpost is established for monitoring the movement of goods within the State GST There will be clearing housing mechanism which will be adopted in the GST regime for interState transactions. The concept of checkpost will be continued even under GST regime Presented By CA Swatantra Singh, B.Com , FCA, MBA Email ID: [email protected] New Delhi , 9811322785, www.caindelhiindia.com, www.carajput.com 61