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Goods and Services Tax
What is GST?
Introduction
GST is a comprehensive value added tax on goods and services. It is
collected on value added at each stage of sale and purchase in the supply
chain without State boundaries. “The success of GST depends on proper
administration. Much will depend on its simplicity and efficient
implementation, which are even more difficult in a disparate federal setup”
Origin
Goods and Services Tax also known as the Value Added Tax (VAT) or
Harmonized Sales Tax (HST) was first devised by a German economist
during the 18th century. He envisioned a sales tax on goods that did not
affect the cost of manufacture or distribution but was collected on the final
price charged to the consumer. The numbers of transactions are immaterial
and the tax is at a fixed percentage of the final price. The tax was finally
adopted by France in 1954. Maurice Lauré, Joint Director of the French Tax
Authority, the Direction générale des impôts, was the first to introduce VAT
on April 10, 1954. Initially directed at large businesses, it was extended over
time to include all business sectors.
GST in India
Goods & Services Tax Law in India is a comprehensive, multi-stage,
destination-based tax that will be levied on every value addition.
In simple words, GST is an indirect tax levied on the supply of goods and
services. GST Law has replaced many indirect tax laws that previously
existed in India.
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Need of GST in India
GST was initially proposed to replace a slew of indirect taxes with a unified
tax and was therefore set to dramatically reshape the country's 2 trillion
dollar economy.
GST will break the complicated structure of separate central and state taxes
which often overlap with each other to create a uniform taxation system
which will be applicable across the country. Taxes will be implemented more
effectively since a network of indirect taxes like excise duty, service tax,
central sales tax, value added tax (VAT) and octroi will be replaced by one
single tax. The state will still have a say in taxation, as the number of taxes
will be reduced to three with Central GST, State GST and Integrated GST for
inter-state dealings.
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There are multiple change-of-hands an item goes through along its supply
chain: from manufacture to final sale to consumer.
Goods and Services Tax will be levied on each of these stages, which makes
it a multi-stage tax.
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History of GST in India
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SIGNIFICANCE OF GST
• Introduction of GST resulted in abolition of multiple types of taxes on
goods and services.2
• Reduces effective rates of tax to one or two floor rates.
• Reduces compliance cost and increases voluntary compliance.
• Removes cascading effect of taxation and removes distortion in the
economy.
• Enhances manufacturing and distribution efficiency, reduces cost of
production of goods and services, increases demand and production of goods
and services.
• As it is neutral to business processes, business models, organization
structure, geographic location and product substitutes, it will promote
economic efficiency and sustainable long-term economic growth.
• Will give competitive edge in international market for goods and services
produced in India, leading to increased exports.
• Reduces litigation, harassment and corruption.
• Resulted in widening tax base and increased revenue to the Centre and
State.
• Reduces administrative cost for the Government.
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GST – THE ROAD MAP AND THE
CHALLENGES
The concept of the desirable and aspiration form of GST for India has been,
and remains, evolving. Initially, GST was intended as a fully-integrated
system encompassing within itself all of the existing indirect taxes. Clearly,
this is no mean task and apart from the political and economic will, it also
requires some significant changes in the Constitutional distribution of power.
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GST model and Issues
Designing of a GST model involved three key components
Stamp duty, being more in the nature of tax on property, rather than on
transaction, ought to remain outside GST as is agreements involving sale of
goods and/or provision of services. The other issue relates to Octroi duty
which is currently levied by various municipalities and, in some cases, by
States on entry of goods in the local area for use, consumption or sale
therein. This should be merged with GST and a mechanism to transfer
resources to local authorities from out of the total revenues of the States
needs to be worked out.
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There were three alternatives in this context:
1) GST at Union Government Level only (Alternative I)
2) GST at State Government Level only (Alternative II)
3) GST at both, Union and State Government Levels (Alternative III)
Canada has GST at Union Level extending to all goods and services
covering all stages of value addition. In addition, there is tax at
province (State) level in different forms which include VAT, Retail
Sales tax and so on. European Union (EU) nations have adopted
“Classic” VAT.
Dual Model
This model in common parlance is generally referred to as a dual GST
model’. Under this model, there is a Central GST (CGST) and a State GST
(SGST) and each of the tax is levied on a comprehensive base comprising
both goods and services. In other words, supply of goods and services
attracts both CGST and SGST.
Components of GST
There are 3 applicable taxes under GST: CGST, SGST & IGST.
State Goods, Service Tax(SGST): All the taxes which come under State
government(VAT, Entertainment Tax, luxury tax, betting-gambling tax,
octroi, entry tax, purchase tax, State tax, and lottery tax) are included in this
type.
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Special organization in Central level (IGST): It was conducted by Central
government & the taxes that are paid had IGST redemption. It distributes
those taxes among the countries. The only thing is that the demands and
plans of this IGST are in motion but not yet decided.
Illustration:
A dealer in Maharashtra sells goods to a consumer in Maharashtra worth Rs.
10,000. The GST rate is 18% : comprising CGST of 9% and SGST of 9%.
In such cases, the dealer collects Rs. 1800 and of this amount, Rs. 900 will
go to the Central Government and Rs. 900 will go to the Maharashtra
government.
Now, let us assume the dealer in Maharashtra had sold the goods to a dealer
in Gujarat worth Rs. 10,000.
The GST rate is 18% comprising of only IGST. In such case, the dealer has
to charge Rs. 1800 as IGST. This IGST revenue will go to the Central
Government.
In most cases, the tax structure under the new regime will be as follows:
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Systems of GST
Invoice System
The input credit can be availed on the basis of invoice when such an invoice
is received. Similarly, the output tax needs to be discharged after the invoice
is raised. The facts with respect to payments made for procurements and
payments received on supplies are immaterial. This is similar to the existing
provisions of VAT in India.
Payment System
Under the payment system of the GST, the input credit on supplies procured
can be availed on the basis of payment. Even the output tax needs to be
discharged after the payment is received for the supplies made to the
customers. The facts with respect to invoices received for procurements and
invoices raised for supplies made to customers have no significance. This
system is similar to the existing provisions of
Service Tax as per the provisions of the Finance Act, 1994.
Hybrid System
This system is the blend of invoice system and payment system. The input
credit can be availed on the basis of invoice when such an invoice is
received. However, the output tax needs to be discharged after the payment is
received for the supplies made to the customers. This system is the most
beneficial one from the aspect of the assessee as the credit can be taken
immediately on receipt of an invoice but the tax needs to be discharged only
after the payment for the supplies received.
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Steps for Implementation of GST
In order to effect the proposed model of GST, the Government would be
required to amend the Constitution to empower the State to levy tax on
services and to empower the Centre to levy tax on goods. States are required
to be empowered to levy tax on import. Besides Constitutional amendments,
GST implementation would also require installation of requisite IT
infrastructure both at the Central and State level.
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STAKEHOLDERS of GST
The stakeholders of GSTN are shown below:
State tax authorities: The State tax authorities would be responsible for
collecting SGST. Common file formats, interfaces, and policy administration
will enable accurate and timely assessments, and risk-based investigations
resulting in enhanced productivity and revenues.
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CBEC: CBEC would be responsible for collecting CGST and IGST.
Common file formats, interfaces, and policy administration will increase the
productivity of CBEC. It will allow for accurate and timely assessment, risk-
based investigations and facilitate IGST settlement by Centre at agreed time
intervals.
RBI: The Reserve Bank of India can facilitate the interface with various
banks to facilitate movement of States’ and center’s funds. The processes of
funds settlements and documentary compliance are independent.
Banks: Banks can accept duty from the taxpayers and process challans. All
tax collections (whether physical or electronic) will happen at bank branches,
or through the banks’ IT systems. Banks will route the tax collected to the
concerned authorities through the RBI channel. Other Stakeholders include
CAG, GSTN, TRPs and facilitation agencies.
Workflows
The figure below shows the workflow of GSTN. The following three
processes constitute the most important workflows of the GST administration
and would be covered in the first phase:
Returns: Both, the States and centre require taxpayers to file periodic returns
to assess whether the taxpayers have computed, collected, and deposited their
taxes correctly. ITC credit can also be verified on the basis of the returns
filed and revenues reconciled against challan data from banks.
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IGST: Under GST, interstate trade will be leviable to IGST. Under IGST,
the tax paid by the selling dealer in the exporting State will be available as
ITC to the purchasing dealer in the importing State. This requires verification
of ITC claims and transfer of funds from one State to another. Further, in an
interstate business to consumer transaction, tax collected in one State has to
be transferred to another State as finalized by the business processes. Thus,
periodic interstate settlement is required.
In addition, there are several other workflows such as processing refunds,
taxpayer audits, and appeals. It is reiterated that the core services envisaged
through common portal are limited to registration, payments and returns in
the first phase. Other value added services will be added subsequently based
on the needs of the Stakeholders. The IT infrastructure should be designed
taking into account all stakeholders, and all related workflows.
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GST rates in India
The government has categorised items in five major slabs - 0%,
5%, 12%, 18% and 28%.
No tax(0%)
Goods
No tax will be imposed on items like Jute, fresh meat, fish chicken, eggs,
milk, butter milk, curd, natural honey, fresh fruits and vegetables, flour,
besan, bread, prasad, salt, bindi. Sindoor, stamps, judicial papers, printed
books, newspapers, bangles, handloom, Bones and horn cores, bone grist,
bone meal, etc.; hoof meal, horn meal, Cereal grains hulled, Palmyra jaggery,
Salt - all types, Kajal, Children's' picture, drawing or colouring books,
Human hair, Khadi purchase .
Services
Hotels and lodges with tariff below Rs 1,000, grandfathering service has
been exempted under GST. Rough precious and semi-precious stones will
attract GST rate of 0.25 per cent.
5%
Goods
Items such as fish fillet, Apparel below Rs 1000, packaged food items,
footwear below Rs 500, cream, skimmed milk powder, branded paneer,
frozen vegetables, coffee, tea, spices, pizza bread, rusk, sabudana, kerosene,
coal, medicines, stent, lifeboats, Cashew nut, Cashew nut in shell, Raisin, Ice
and snow, Bio gas, Insulin, Agarbatti, Kites, Postage or revenue stamps,
stamp-post marks, first-day covers, Branded food, walnuts, dried tamarind,
roasted gram, Dhoop batti, Corduroy fabric, saree fall, Paper mache items,Oil
cakes, Duty Credit Scrips,Cotton quilts(quilts not exceeding Rs 1000 per
cakes, Duty Credit Scrips,Cotton quilts(quilts not exceeding Rs 1000 per
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piece),corals, Rosaries and prayer beads, Hawan samagri, Grass, leaf and
reed and fibre products, including mats, pouches, wallets, mangoes sliced
dried, Khakra and plain chapati /roti, branded Namkeens, Ayurvedic, Unani,
Siddha, Homeopathy medicines; Paper waste or scrap; Real Zari; Plastic
waste, parings or scrap; Rubber waste, parings or scrap; Hard Rubber waste
or scrap; Paper waste or scrap; Real Zari; Cullet or other waste or scrap of
Glass; E-Waste; Biomass briquettes.
Services
Transport services (Railways, air transport), small restaurants will be under
the 5% category because their main input is petroleum, which is outside GST
ambit. Textile job work will be taxed at 5%.
12%
Goods
Apparel above Rs 1000, frozen meat products , butter, cheese, ghee, dry
fruits in packaged form, animal fat, sausage, fruit juices, Bhutia, namkeen,
Ayurvedic medicines, tooth powder, agarbatti, colouring books, picture
books, umbrella, sewing machine, cellphones, Ketchup & Sauces, All
diagnostic kits and reagents, Exercise books and note books, Spoons, forks,
ladles, skimmers, cake servers, fish knives, tongs, Spectacles, corrective,
Playing cards, chess board, carom board and other board games, like ludo,
rubber band, Wood, stone, metals, marble idols,Table and
kitchenware,Batters, including idli / dosa batter, Textile
caps,sprinklers,Cotton quilts(quilts exceeding Rs 1000 per idli / dosa batter,
Textile caps,sprinklers,Cotton quilts(quilts exceeding Rs 1000 per
piece),Statues, statuettes, pedestals,ceramic articles, porcelain items,
ornamental articles, bells, gongs, non-electric of base metal,animal carving
material, synthetic filament yarn, such as nylon, polyester, acrylic, etc;
artificial filament yarn, such as viscose rayon, Cuprammonium; Sewing
thread of manmade staple fibres; Yarn of manmade staple fibres;
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Services
State-run lotteries, Non-AC hotels, business class air ticket, fertilisers, Work
Contracts will fall under 12 per cent GST tax slab
18%
Goods
Most items are under this tax slab which include footwear costing more than
Rs 500, Trademarks, goodwill, software, Bidi Patta, Biscuits (All categories),
flavoured refined sugar, pasta, cornflakes, pastries and cakes, preserved
vegetables, jams, sauces, soups, ice cream, instant food mixes, mineral water,
tissues, envelopes, tampons, note books, steel products, printed circuits,
camera, speakers, Kajal pencil sticks, Headgear and parts thereof,
Aluminium foil, Weighing Machinery [other than electric or electronic
weighing machinery], Printers [other than multifunction printers], Electrical
Transformer, CCTV, Optical Fibre, Bamboo furniture, Swimming pools and
padding pools, Curry paste; mayonnaise and salad dressings; mixed
condiments and mixed seasonings, Tractor parts, raincoats, Medical grade
disposable gloves, Computer monitors(up to 20 inch),Custard powder, Rice
rubber rolls for paddy de-husking machine, Kitchen gas lighters, poster
Colour; Modelling paste for children amusement; Fittings for loose-leaf
binders or files, letter clips, letter corners, paper clips, indexing tags and
similar office articles, of base metal; staples in strips;
Services
AC hotels that serve liquor, telecom services, IT services, branded garments
and financial services will attract 18 per cent tax under GST, Room tariffs
between Rs 2,500 and Rs 7,500, Restaurants inside five-star hotels
28%
Goods
Bidis, chewing gum, molasses, chocolate not containing cocoa, waffles and
wafers coated with choclate, pan masala, aerated water, paint, deodorants,
shaving creams, after shave, hair shampoo, dye, sunscreen, wallpaper,
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ceramic tiles, water heater, dishwasher, weighing machine, washing machine,
ATM, vending machines, vacuum cleaner, shavers, hair clippers,
automobiles, motorcycles, aircraft for personal use, will attract 28 % tax - the
highest under GST system.
Services
Private-run lotteries authorised by the states, hotels with room tariffs above
Rs 7,500, 5-star hotels, race club betting, cinema will attract tax 28 per cent
tax slab under GST
Cess on cars
Small cars: No cess
Mid-range cars: 45%
Large cars: 48%
13 seater cars: No cess
SUV vehicle: 50%
Hybrid vehicles: No cess
Luxury vehicles: 5%
More than 150 countries have introduced GST/National VAT in some form.
It has been a part of the tax system in Europe for the past 50 years and is the
preferred form of the indirect tax in the Asia-Pacific region. There are
different models of GST currently in force, each with its own peculiarities.
While country such as Singapore virtually taxes everything at a single rate,
some countries have more than on rate (a zero rate, certain exemptions and
higher and lower rates). In some countries it is recoverable only on goods
used in the production process and specified service. The standard GST rates
in most of the countries ranges between 15-20% which is shown below. In
Scandinavian countries (north Europe) where social security coverage is
higher, it ranges between 22-25 percent.
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Advantages of GST
Impacts of GST
GST: The Short-Term Impact
E-commerce
The e-commerce sector in India has been growing by leaps and bounds. In
many ways, GST will help the e-com sector’s continued growth but the long-
term effects will be particularly interesting because the GST law specifically
proposes a Tax Collection at Source (TCS) mechanism, which e-com
companies are not too happy with. The current rate of TCS is at 1%.
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Tax Collection at Source by Marketplace Operator: Under the new tax
regime, marketplace operators are mandatorily required to deduct a
percentage amount as the GST liability of seller and deposit it with
government. This mechanism is being termed as “Tax Collection at Source
(TCS)” under the GST law. Eventually the marketplace seller will have to
file monthly return under GST to claim the credit of TCS collected by the
marketplace operator. This will also impact the liquidity and cash flow of
these sellers.
Telecommunications
People will have to pay more on mobile phone bills as GST on telecom
services is now 18%, as opposed to the earlier tax rate of 15%. However,
telecom companies may absorb this 3% rise due to fierce competition.
Real Estate
Under construction properties will be cheaper than ready-to-move-in
properties. The GST rate for an under-construction property is 18% but the
effective rate on this kind of property will be around 12% due to input tax
credits the builder will avail of.
Jewellery:
The gold investment will become slightly expensive because there will be
3% GST on gold & 5% on the making charges. The earlier tax rate on gold
was around 2% in most of the states and the GST is increased from the
existing rate to around 2% to 3%.
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FMCG
Previously Currently
Product Companies impacted
taxed at taxed at
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Reduction in logistics costs: The FMCG sector will also benefit from
GST by saving a considerable amount of expenses on logistics.
Distribution costs for the FMCG sector currently amount to 2-7
percent of the total cost, but are expected to drop to 1.5 percent after
implementation of GST software. Due to the smoother supply chain
management in regards to paying tax, claiming input credit, and
removing CST under the GST regime, there will be a cost reduction in
terms of transportation and storage of goods. The reduction in taxes
and distribution costs should enable companies to lower prices on
consumer goods.
Increase in effective tax rates: Aerated beverages have been placed in
the highest tax slab of 28 percent and will now attract an additional tax
of 12 percent. Beverage companies have said the effective tax rate of
40 percent on sweetened aerated water and flavored water under GST
is against the stated policy of maintaining parity with the existing
weighted average tax, which is significantly below 40 percent.
Freelancers
Freelancing in India is still a nascent industry and the rules and regulations
for this chaotic industry are still up in the air. But with GST, it will become
much easier for freelancers to file their taxes as they can easily do it online.
They are taxed as service providers, and the new tax structure has brought
about coherence and accountability in this sector.
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Automobiles
The automobile industry in India is a vast business producing a large number
of cars annually, fueled mostly by the huge population of the country. Under
the previous tax system, there were several taxes applicable on this sector
like excise, VAT, sales tax, road tax, motor vehicle tax, registration duty
which will be subsumed by GST.
Mid-SizeCars
State
from 1200cc to 24% 1.1% 14% State based 39% 9% 9% 18% 21%
based
1500cc
Luxury State
27% 1.1% 14% State based 42% 14% 14% 28% 14%
Cars>1500cc based
SUV’s >1500cc,
State
>170mm ground 30% 1.1% 14% State based 45% 14% 14% 28% 17%
based
clearance
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Consumer durables
White good players were previously taxed at 27 per cent (including 13.5 per
cent VAT) against 28 per cent under the new GST regime.
There are expectations that with GST coming in picture, there will be some
increase in the prices of most consumer durable items.
However, market analysts do not see any significant impact on the margins
of the consumer durable companies post GST implementation.
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Airlines
Travelling in business class will become expensive as after the rollout of
GST, tax rate will increase from 9 per cent to 12 per cent.
However, GST on economy class is set at 5 per cent, lower than the previous
6 per cent.
Aviation Turbine Fuel has kept outside the GST and the indirect tax structure
will continue. As a result, aviation companies will now face two set of taxes,
i. e. GST and indirect tax.
Tax input credit under the GST is only available on input services for
economy class travel.
Lower tax rate on economy travel is positive for companies like InterGlobe
Aviation, Jet Airways and SpiceJet.
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Brokers and equity investments
With the service tax being subsumed into your overall GST, the rate of GST
on financial services stands modified from 15 per cent to 18 per cent.
Angel Broking in a blog explains that on a 1 per cent round brokerage, your
overall cost due to the subsuming of service tax into GST will be about 0.03
per cent or 3 basis points.
From a long-term investor’s perspective, this may not be too significant since
the overall shift is just about 3 basis points.
However, for short term traders, this 3 basis points additional cost will
change the economics of churning their funds in the equity markets.
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Whether that actually impacts the eventual volumes and liquidity in the
markets remains to be seen.
One thing investors and traders need to watch out for in the equity market is
whether this higher cost results increases the basis risk or not.
Cement.
Earlier, cement was taxed at 12.5 per cent excise and VAT rates between
12.5-15.5 per cent. Under GST, the cement will be taxed at 28 per cent,
which is nearly the same as the current tax structure.
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Reduction in the prices of coal and GST will benefit cement companies
further.
Train Fare:
There will not be much of an impact. The effective tax rate has increased
from 4.5% to 5% in GST. But, passengers who travels for business trips can
claim Input Tax Credit on their rail ticket which can help them to reduce
expenses. People travelling by local trains or in the sleeper class will not be
affected, but first-class & AC travellers will have to pay more.
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Movie Tickets:
Movies tickets costing below INR 100 will be charged a GST rate of 18%
but prices above INR 100 will have a higher tax rate of 28%.
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What the Future Looks Like
Talking about the long-term benefits, it is expected that GST would not just
mean a lower rate of taxes, but also minimum tax slabs. Countries where the
Goods and Service Tax has helped in reforming the economy, apply only 2
or 3 rates – one being the mean rate, a lower rate for essential commodities,
and a higher tax rate for the luxurious commodities. Currently, in India, we
have 5 slabs, with as many as 3 rates – an integrated rate, a central rate, and a
state rate. In addition to these, cess is also levied. The fear of losing out on
revenue has kept the government from gambling on fewer or lower rates.
This is very unlikely to see a shift anytime soon; though the government has
said that rates may be revisited once the RNR (revenue neutral rate) is
reached.
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References
https://cleartax.in/s/impact-gst-logistics-industry
http://www.livemint.com/Opinion/NbSCQ2KGNEcTGf1PA7IxcM/GS
T-impact-on-the-logistics-sector.html
Shodhganga
Wikipedia
The Economic Times
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