goods service tax (gst) a metamorphic...
TRANSCRIPT
Goods & Service Tax (GST)
A Metamorphic Reform
3 May, 2017 1
Contents3 May, 2017 2
Contents
3 May, 2017 3
01 Current Regime of Indirect Taxes
02 GST - Salient Features and Advantages
03 Broad Structure
04 GST Act
05 Progress So Far
06 Key Impact Areas
07 Next Steps
08 Approach Towards GST
Current Regime of Indirect Taxes3 May, 2017 4
GST – Why so much talk
3 May, 2017 5
•Most significant tax reform in Indian history
•Being transaction tax will impact each commercial/business activity
•Government, business community as well as common man ‐Stakeholders
•Tax administration to undergo significant change including functional
•Indirect tax to be simple, stable and predictable (hopefully!)
GST – One Country, One Tax, One Market
CST – Central Sales Tax R & D Cess – Research and Development Cess
VAT – Value Added Tax ET – Entertainment Tax LBT – Local Body Tax
Current Regime of Indirect Taxes
3 May, 2017 6
Constitution of India incorporated Federal Structure
Subject of Tax levy divided between Centre and State
Issues in Current Regime of Indirect Taxes• Complex tax structure• Cascading of taxes at various levels• Complexity in determining nature of transaction• Lack of uniformity in provisions
• Multiplicity of rate of taxes and valuation issues• Burdened with compliances • Complexities in administration and higher cost
of compliances
Central Levies
Customs Duty
List I – Union List ‐ Tax levied by Central Government
Import/Export of Goods
Excise Duty
Manufacturing of Goods
Service Tax
Provision of Services
CST
Inter‐state sale of Goods
R & D Cess
Import of Technology
Customs Duty
Import/Export of Goods
Excise Duty
Manufacturing of Goods
Service Tax
Provision of Services
CST
Inter‐state sale of Goods
R & D Cess
State Levies
VAT
List II – State List – Tax levied by State Government
Intra State Sale of Goods
Entry Tax
Goods Entry in State
Octroi / LBT
Goods Entry at Local Limit
ET
Entertainment Services
Luxury Tax
Specified activities
GST – SALIENT FEATURES AND ADVANTAGES3 May, 2017 7
GST – Salient Features and Advantages
3 May, 2017 8
GST – Salient FeaturesBased on Principle of Value Added tax levied and collected at each stage
Comprehensive levy on Goods and Services
Destination based consumption tax, levied & collected by consuming state
GST – AdvantagesAbolition of multiple levy of tax on goods and services
Facilitates trade / investment decisions purely on economic concerns
Increase in competitive edge in International Market
Enhances manufacturing / distribution / service efficiency
Reduction in compliance / litigation and increase in voluntary compliances
BROAD STRUCTURE3 May, 2017 9
Broad Structure
• Dual GST for Local transaction Centre (CGST) and States (SGST), and for inter‐state transactions (IGST)
• Separate legislation, levy & administration• Place of Supply Rules for determining ‘situs’ of goods/services
Framework
• All Goods and Services ‐ subjected to GST with few exceptions• Immovable property to be out of GST (clarity required)• Petroleum, Alcohol, Electricity, Property tax, Local ET – to continue
Coverage
• Rates proposed, final consensus on classification pending• Concessional rate for select goods (services – nothing proposed)? • Free credit flow ‐Except no credit setoff between CGST and SGST
Rate Structure
3 May, 2017 10
GST Act3 May, 2017 11
GST Act
Supply –
Meaning & Scope
Transactions Type ‐Goods / Services /
CompositePlace of Supply
Time of Supply Valuation Rules Input Tax Credit
E CommerceRegistration /
Returns / Payments / Refund
Transitional Provisions
3 May, 2017 12
GST Act
Supply without consideration (Deemed Supply)Supply without consideration (Deemed Supply)Permanent transfer / disposal of business assets where input credit has been availed
Supply between related persons/distinct persons in
course or furtherance of business
Transactions between principal and agent
Import of Service from related person / any of its establishments
outside India
Import of serviceImport of service
for a consideration whether or not in the course or furtherance of business
Meaning of Supply ‐means and includesMeaning of Supply ‐means and includes
Sale Barter Transfer Exchange License Rental Lease Disposal
3 May, 2017 13
GST Act
• Transfer in title in goods
• Supply of goods by body of association to members
• Transfer of business assets except for private use with or without consideration
• Transfer of goods without transfer in title thereof
• Treatment or process applied to another person’s goods
• Transfer of business assets for private use
• Lease, tenancy, license to occupy land and Lease or letting out of commercial /residential building
• Declared list of service
GOODS SERVICES
3 May, 2017 14
GST ActVALUATION OF SUPPLY – GST VALUATION RULES, 2017
Rule 1 – Value where consideration not wholly in monetary terms
Rule 2Related persons other than agents
Rule 3Supply through Agents
Rule 4Cost Plus method
Rule 5 – Residual Method
Rule 6 – Special cases
Key Takeaways:
• Transaction value to be accepted subject to the conditions that:Parties are unrelated and Price is not sole consideration
• Transaction value to be accepted in following scenarios
1. RPT – where the price is not influenced2. Goods transferred from one place of business to another3. Principal to agent or vice‐versa
3 May, 2017 15
GST Act
Normal Supply ‐ Earliest date of:1. Issue of invoice or last date by which invoice is to be issued2. In case of service, date of provision of service3. Receipt of paymentIn case of excess amount received up to INR 1,000 beyond invoiced, time of supply at option of taxable person supplying goods / services
Reverse charge ‐ Earliest date of :1. Receipt of goods2. Payment3. After issuance of Invoice – Goods(30 days) and Services (60 days) If cannot be determined above, date would be entry made in books
TIME OF SUPPLY – Goods / Services
PLACE OF SUPPLY ‐ GOODS
Location of 1. Where the movement terminates for delivery to the recipient2. Third person – where goods are delivered to recipient or any
other person, 3. Where supply does not involve movement, location of goods at
the time of delivery to the recipient4. Assembling or installation5. Goods taken on board6. Others case ‐ to be prescribed7. Import ‐ Location of Importer / Export ‐ Location outside India
PLACE OF SUPPLY ‐ SERVICESGeneral Provision Registered Dealer – Location of Such Person
Other – Recipient, if Address on Record, or Supplier of Service
Location Based Immovable Property or boat or vessel
Performance Based Events, Personal Care, Restaurant etc.
Other Services ‐Specific Provisionsavailable
• Telecommunications• Courier Service• Banking and Financial• Transportation Goods/ Passenger
•Insurance•Training•Services ‐Board Conveyance
3 May, 2017 16
In case of Vouchers ‐ Date of:1. Issue of voucher if supply is identifiable at that point of time2. Redemption of voucher, in all other cases
Not determinable:1. Date on which periodical return is required to be filed 2. Other cases – CGST / SGST is paid
GST ActASSESSMENT PROCEDURE
Self Assessment
Self Assessment for all registered taxable
persons
ProvisionalAssessment
Cases where value or rate of tax cannot be
determined
Final assessment order to be passed within a specified
time
Departmental Assessment
Best judgment assessment for non‐filers, URD dealers
Transitional Provision
Registration ‐Provisional /
Final
Carry forward of CENVAT / Input Credit
Provision to allow CENVAT / Input Credit on Inputs / Capital
goods in Specific cases
Pending Litigation to be disposed as per existing law
3 May, 2017 17
PROGRESS SO FAR….3 May, 2017 18
Progress so far
3 May, 2017 19
Discussion
Model GST Law
GST Network
GST Council
Constitutional Amendment Bill
GST Implementation
From 1 July, 2017 seems to be a possibility
01 • Constitutional Amendment Bill received President’s Assent on 8 September, 2016
02 • GST Council formed ‐ First meeting on 22/23 September, 2016• GST Council to recommend laws, rules, regulations• GST Council to decide on modalities for resolving disputes.
03 • GST Network formed to provide common GST portal • Common Portal to facilitate registration, payment of taxes, filing of returns
04 • Revised Draft Model GST Law out – November, 2016 • Outlines various provisions – goods / services, time / place of supply, valuations, tax credits, returns, assessments, transition
05 • GST Council to make recommendations after discussion with various stake holders on Rates, Threshold Exemption, Existing Exemption pending and draft Model GST law
KEY IMPACT AREAS3 May, 2017 20
Key Impact Areas
GST Impact Areas
FiscalBusiness Process
Accounting
IT Systems
Human ResourceMarketing
Supply Chain
Product Pricing
Cash Flows
Finance Minister – during Budget 2015 speech, stated
“GST is expected to play a transformative role in the way our economy functions. It will add buoyancy to our economy by developing a common Indian market and reducing the cascading effecton the cost of goods and services. We are moving in various fronts to implement GST from the next year.”
Multi‐fold impact, not limited to monetary…
3 May, 2017 21
Key Impact Areas – Illustration Illustrative Scenario – Based in One State Current Tax Regime Under GST
Manufacturer to Wholesaler
Base Price (A) 100 100
Excise Duty @ 12.5% 12.50 -
State VAT @ 12.5% (on 112.50) 14.06 -
CGST @ 10% (on 100) - 10
SGST @ 10% (on 100) - 10
Total Collections 126.56 120
Wholesaler to Retailer
Wholesale price (assuming value addition of 20) 146.56 140
State VAT @ 12.5% (on value addition of 20) 2.50 -
CGST @ 10% (on value addition of 20) - 2
SGST @ 10% (on value addition of 20) - 2
Retail sales price (inclusive of taxes) 149.06 144
Retailer to Customer
Retail sale price (assuming value addition of 20) 169.06 164
State VAT @ 12.5% (on value addition of 20) 2.50 -
CGST @ 10% (on value addition of 20) - 2
SGST @ 10% (on value addition of 20) - 2
Cumulative tax price (MRP) 171.56 168
Total Taxes 31.56 28Note: The above is typical scenario based in one state. Situation may vary from goods to goods and state to state and would have various permutations and combination.
3 May, 2017 22
KEY IMPACT AREAS – Illustration
3 May, 2017 23
Impact of GST on Financials
Liabilities Assets
-------- XX-------- XX-------- XX
Current LiabilitiesCredit Payable XX
Fixed Assets-------- XX-------- XX-------- XXLoans & AdvancesCredit receivable XX
Particulars Particulars
Consumption of Input / Input Services XX
Purchase of traded goods XX
Depreciation XX
Other expenditure XX____
Net Services / Income from operations XX
____
Income and Expenditure A/c Dr. Cr.
Balance Sheet as on ….
Top-line may get reduced in some cases
(e.g. traded items)
Possible reduction in overall cost on account of seamless credit
flow of goods & services
Reduction in capitalized value
on account of possible input
credits
Reduction in cost due to elimination of non-creditable taxes
Changes on account of seamless credit flow
Key Impact Areas – Illustration
3 May, 2017 24
• Impact on working capital due to change in procurement cost / Tax Cost
• Existing status of exemptions of goods and services, if any
•Product pricing and marketing strategy
•New Contracts and transaction framework
Business Operations
• Seamless credits across goods and services
• Impact of economies of scale
• Impact on imports ‐ credit availability
• Impact on exports such as duty drawback and other benefits
Sourcing/ Procurement and
Logistics
•Re‐alignment of Accounting due to changes in overall business processes
•Mechanism to record credits on all goods and services
•Re‐designing IT , MIS and other reports / documents
•Developing IT controls
Accounts, Finance and Information Technology
•Transition to GST ‐ Registration, Input Credits, Pending assessments / litigation
•Maintenance of adequate records and data
•Claim of input tax credits and condition thereto
•Process for filing of returns / payment of taxes
Compliances
KEY IMPACT AREAS ‐ Specifics
3 May, 2017 25
KEY IMPACT AREAS
3 May, 2017 26
Areas to be considered for GST Impact
Business Process –Review / Change
Tax Treatment -Revenues / Expenses
Place of Supply -Services
IT and Tax Compliance - Change
KEY IMPACT AREAS
3 May, 2017 27
Likely issues in GST regime –Taxability/Place of Supply
How to determine locations of service provider and service receiver?
Service Provider HO at State A
Customer having HO in State A
Proposal issued and submitted at State A
Branch office at State B Customer’s Procurement Team
at State B
Terms and conditions finalized at State BContract signed by Central Procurement Team at State B
Branch office at State C
Customer Factory at State C
Services provided at/to plant in State C
State D
Payment made from Centralized Payment Office
Payment Received at State D
1Proposal issued
2
3
4
Contract Signed
Delivery of goods
Payment Made
4
KEY IMPACT AREAS
3 May, 2017 28
Likely issues in GST regime – Transition
Tax clause to be reviewed and rephrased
Evaluate potential
impact of GST on contract ‐Renegotiate with vendors to pass on tax benefit under GST regime
Analyzing tax liability and eligibility of credit in line with transition provisions
Planning and scheduling
procurement, supplies,
advances and payment of
taxes
Contract re‐structuring wherever possible to avoid dual taxation
More clarity on transition provisions for existing contracts
KEY IMPACT AREAS – Specifics
3 May, 2017 29
Input Tax Credit
06
Time line• Filing of return for the month of September following the financial year OR
• Filing of the relevant annual returnwhichever is earlier
i i [ ]
p g
Restrictions [Section 16]• Goods / services used for taxable and exempted supplies ‐ Restricted toinput tax attributable to the taxable supplies. (No FITR)
• Full credit to zero‐rated supplies• No Credit on Motor vehicles Goods / services used for personal use or consumption of employees,
private or personal consumption Immoveable property except plant and machinery Construction material used in construction of immoveable property
• Capital goods – Fully allowable; reversal of credit at the time of removal athigher of transaction value or original credit reduced by prescribedpercentage
Conditions• Possession of a tax invoice or duty paying document
• Receipt of goods and / or services
• Tax charged has been paid to the Government
• Filing of Return
Input and Input Service Used for making outward supply in the course of or furtherance of
business
Input Tax CreditTax on supplies used in the course of
furtherance of business
KEY IMPACT AREAS
3 May, 2017 30
Compliance ‐ Comparison: Existing Taxation vs. GST
Levy Rate Place of Supply (POS) Invoice Registration Returns
One tax One tax
Dual levy (CGST plus SGST)
Dual levy (CGST plus SGST)
Levy based on State
Levy based on State
IGST – Inter State SuppliesIGST – Inter State Supplies
One rateOne rate Not ApplicableNot Applicable Single invoice series
Single invoice series One RegistrationOne Registration Summary of dataSummary of data
Rates – Local / Interstate
Rates – Local / Interstate
Identify State based on POSIdentify State based on POS
Inter‐state: IGST
Applicable
Inter‐state: IGST
Applicable
Local – SGST plus CGST
Local – SGST plus CGST
invoice series and related documents
invoice series and related documents
CGST Registration
based on State
CGST Registration
based on State
Each State Specific GST Registrations
Each State Specific GST Registrations
IGST RegistrationIGST Registration
Compilation of Data –
State Specific
Compilation of Data –
State Specific
Maintenance of Register and Tracking
Credits
Maintenance of Register and Tracking
Credits
State specific details
State specific details
Existing
GST
ISD RegistrationsISD Registrations
State Specific different
State Specific different
IGST –Whether State specific Series
required
IGST –Whether State specific Series
required
Reconciliation– State
Specific vs Financials
Reconciliation– State
Specific vs Financials
KEY IMPACT AREAS
3 May, 2017 31
Compliances ‐ GST Compliances
Registration
Multiple states GST
Multiple IGST
1 CGST
Multiple Input
Service Distributor
Invoice
POS
Multiple Tax Rates
Nature of Services
State Specific Invoice Series
Return
Sales (GSTR 1)
Purchase (GSTR 2)
Monthly Return
(GSTR 3)
ISD (GST -6)
Annual
Books of Accounts
State Specific
Information to be
maintained in the State
Audit/ Assessment
State Specific
Complete Change in Tax mechanism –business critical as well as Pricing
Critical.
Requires timely change in IT System and need to be ready well before GST is
implemented
KEY IMPACT AREAS
3 May, 2017 32
Compliances – GST Return
Return
Monthly Return
Output
Transaction‐wise
Invoice cancellation
Advance
Input
Online based on vendor
Monthly Reconciliation
Interest
Annual Return
Reconciliation with Financial Statement
No credit after AR
No Invoice revision after AR
No Credit Note after AR
IT system need to geared up to allow
it meet requirement under GST
KEY IMPACT AREAS
3 May, 2017 33
Compliances – IT Impact
Changes in System likely to be required primarily on following:
■ Change in taxes/ tax rates / types of taxes
■ Availability of credits of taxes paid on purchases / imports
■ Availability of credit in specific order/ sequence of set-off
■ Availability of cross credits across goods and services
Broadly, changes required in IT system can be categorized as:■ Need to change in documents such as invoices / internal records
■ Need for addition/ modification/ omission of certain data fields
■ Changes in the in-built logic for computation of some data fields
NEXT STEPS3 May, 2017 34
Next Steps
3 May, 2017 35
Future Decisions
Potential business decisions impacting future requires revisit
Issues
Identify bottlenecks/ potential issues/ sensitive areas
Impact Analysis
Identify important business areas / operations for GST impact analysis
Gear Up
Gear‐up for GST changes in models/ system / structuring
Sharing / Training
Adequate knowledge sharing / training required for Team /Employees
Monitor
Closely monitor developments around GST
Approach Towards GST3 May, 2017 36
Approach towards GST
3 May, 2017 37
Fine‐tuning of Operations
Revalidation and fine‐tuning in light of final GST legislation –Operation / Model
Implementation Assistance
Assistance and training in transition to GST
especially for impacted areas such as finance, IT,
accounting
Detailed Impact Analysis
Potential GST impact analysis of important
business areas ‐ Prepare for transition
Immediate Basis draft GST law
02• Revalidating impact analysis• Fine tuning impact areas
• Identifying impact• Exploring possibilities for
mitigating adverse impact• Finalize implementation plan
03• Smooth Transition to GST• Assist in executing strategic changes• Training for GST Change• GST Instruction Manual• Initial Compliance Assistance• On Call support
Getting Ready
01• Detailed impact analysis of
business areas / operations• Identify sensitive / key areas• Align commercial decisions• Preparing business and GST
assumptions• Prepare road map for transition
Post finalization of GST Law
Transition to GST
Final Positions Go ‐ Live
About SGCO & Co. LLP3 May, 2017 38
SGCO & Co. LLP ‐ Introduction
• Established in 1992 with a vision to become a “Truly Global Consulting Firm”. (Formerly ‐ Singrodia Goyal & Co.)
• A “Multi Disciplinary Chartered Accountants Firm” catering to over 200 client groups across diverse sectors
Factors
Service Verticals
Partners
Professionals
Infrastructure
Drivers of Quality Professional Services
6 Service Verticals providingspecialized professional services
12 partners, each vertical lead bytwo / three partners
100+ Qualified Professionals175+ Executive Staff
Operates from CBD Andheri,Mumbai
Within last two decades, SGCO has grown from 2 to 11 partners and built reputation for providing quality services to mid and large size corporates
Within last two decades, SGCO has grown from 2 to 11 partners and built reputation for providing quality services to mid and large size corporates Associate firms
HO Kreston Network firms
Geographical Spread Resources‐300
SGCO is classified under Category I by Reserve Bank of India
Partner Professionals Staff
Attest & Compliance
Risk Advisory & Management Assurance
Direct Taxation
Indirect Taxation
Transaction & Business Advisory
Corporate & Allied Laws
3 30 56
2 35 50
2 13 25
2 11 24
1 6 10
1 5 10
393 May, 2017 39
1A stepping stone in building professional network across the Globein providing services to Indian clients at International locations andvice‐versa.
2Kreston members are accustomed to work together on clientassignments to deliver seamless and cohesive internationalsolutions.
3Kreston’s globally coordinated quality monitoring and reviewprogramme supports member firms in maintaining QualityStandards.
4SGCO participated in Global summits held at Budapest (Hungary),Beijing (China), Vancouver (Canada), Copenhagen (Denmark), Seoul(South Korea) & Rio (Brazil) and presented an overview of Indianeconomy and emerging professional opportunities.
Kreston International, headquartered in UK,is amongst the top 13 networks ofindependent accounting firms of the world:
More than 600 offices in 108 countries
20,000 professional and support staff
Global fee revenue of over USD 1.9 bn
SGCO’s affiliation with Kreston is a step forward aimed at fulfilling its vision to become – ‘A Truly Global Consulting Firm’
SGCO’s affiliation with Kreston is a step forward aimed at fulfilling its vision to become – ‘A Truly Global Consulting Firm’
SGCO Affiliation – Kreston International
403 May, 2017 40
3 May, 2017 41
Email: [email protected]
Mobile: +91 99203 99723
Vishal Lahoti
Email: [email protected]
Mobile: +91 98212 31330
O.D. Bihani
4‐A, 2st Floor, HDIL Kaledonia Building, Sahar Road, Andheri (East), Mumbai – 400069.
Board No: +91 ‐ 22 – 6625 6363 | Fax: +91 ‐ 22 – 6625 6364
Corporate Office
Disclaimer: GST Presentation is based on our understanding of the GST law and regulations prevailing as of the date of this Presentation and is prepared based on information available in public domain such as revised draft Model GST Law and rules/ regulations. The GST Law is under discussion / evolution and may be subject to changes. Accordingly, it is important to consult a qualified professional consultant before taking any decision / advice or relying on the presentation. The conclusions reached and views expressed in this presentation are matters of opinion. However, there can be no assurance that the GST Law finalised may have a position contrary to our views.
Broad Structure
3 May, 2017 42
Dual GST for Centre and States, IGST on inter‐state transactions
Applicable tax /
Nature of Transaction
Central GST
(CGST)
State GST
(SGST)
Integrated Goods and Services Tax
(IGST)
Local Transaction(within StateTransaction) √ √ ‐Interstate Transaction ‐ ‐ √
Back
Proposed Broad Structure
3 May, 2017 43
Proposed GST Rates
Current Indirect Tax Rates
Product Basket / Comments
0 % 0 %• Proposed to include approx. 50 % of Items falling under Consumer Price Indices basket• It may include items such as Food grains used by Common People• Zero rated to keep its impact least in terms of inflationary pressure on common people
5 % 4 % ‐ 7 % (approx.)
• Items of mass consumption mainly used by common people (“Aam Aadmi Products”)• Rates has been reduced from earlier proposed rate of 6 %
12 %(1st ‐ Standard Rate)
• One of the Standard Rates but no specification provided about items to be taxed • May be applicable on Fast moving Consumer Goods
18 %(2nd ‐Standard Rate)
• One of the Standard Rates but no Specification provided about items to be taxed• Certain products used by Lower middle class may be included which are currently taxed at
28 % or at higher rate (such as Soaps, Oils & Shaving Kits)
28 % 28 % ‐ 31 % • Includes products such as White goods, Cars which are currently taxed at more than 28 %• Lesser items to be included in this rate brackets
28 % plus Cess 40 % ‐ 65 %
• Cess to be levied only on selected products covered under 28% bracket• Cess to be applicable with a sunset clause of 5 years subject to yearly review• Covers Luxury Cars, Ultra Luxury / Demerit / Sin goods, Aerated Drinks, Tobacco, Panmasala
• Discussion pending about categorisation of items falling under respective slab rates and will be provided at a later date.• No rates has been specified in case of Services as it would be clarified at a later date when categorisation list is provided.• Gold rates to vary from 2 % to 4 % based on flexibility of revenue generated to achieve Revenue Neutrality.• Cess so collected to be utilised to compensate State tax losses estimated to be INR 50,000 Crores in first year of GST.• Existing Energy Cess on Coal to continue and will be utilised to compensate state tax loses. Back
Broad Structure
3 May, 2017 44
Free credit flow ‐ Except No credit setoff between CGST and SGST
Back
Output Liability /Input Credit Type
IGST CGST SGST
IGST
CGST
SGST
Broad Structure
3 May, 2017 45
Levy and Credit – CGST, SGST and IGST
Back
State A State B
Output IGST 22
Less:
Input IGST 10
Input CGST 05
Input SGST 05
Net IGST payable by D1
02
Inter‐state purchase ‐ 50IGST @ 20% = 10
D1
Local purchase ‐ 50SGST @ 10% = 5CGST@ 10% = 5
Input credits D2
IGST (CGST + SGST) 22
Customer
Local sale ‐ 140CGST 14SGST 14
CGST SGSTOutput GST 14 14
Less: Input IGST 14
Input IGST 08
Net SGST payable by D2 06
Order of utilization
Order of utilization
Inter‐state sale/ Stock‐transfer ‐ 110
Transition Provision
3 May, 2017 46
CENVAT Credit to be Carried Forward
Broadly, it can be suggested as follows:
Back
Type of Dealer /Type of Credit
Manufacturer Trader Service Provider
Excise VAT Service tax
Note: Credit would available in GST regime based on Current eligibility of Credits