Tuesday 16 October 2012

Good and service tax (GST)

  

One of the biggest taxation reforms in India -- the Goods and Service Tax (GST) -- is all set to integrate State economies and boost overall growth.

GST will create a single, unified Indian market to make the economy stronger.

Finance Minister Pranab Mukherjee while presenting the Budget on July 6, 2009, said that GST would come into effect from April 2010.
(The date of implementation of GSTN is set on August 2012. GST might not be implemented before 1 April 2013.)
The implementation of GST will lead to the abolition of other taxes such as octroi, Central Sales Tax, State-level sales tax, entry tax, stamp duty, telecom licence fees, turnover tax, tax on consumption or sale of electricity, taxes on transportation of goods and services, et cetera, thus avoiding multiple layers of taxation that currently exist in India.
But just what is GST all about and how will it impact you?

What is GST?
Goods and Services Tax -- GST -- is a comprehensive tax levy on manufacture, sale and consumption of goods and services at a national level.
Through a tax credit mechanism, this tax is collected on value-added goods and services at each stage of sale or purchase in the supply chain.
The system allows the set-off of GST paid on the procurement of goods and services against the GST which is payable on the supply of goods or services. However, the end consumer bears this tax as he is the last person in the supply chain.
Experts say that GST is likely to improve tax collections and boost India's economic development by breaking tax barriers between States and integrating India through a uniform tax rate.

What are the benefits of GST?
Under GST, the taxation burden will be divided equitably between manufacturing and services, through a lower tax rate by increasing the tax base and minimizing exemptions.
It is expected to help build a transparent and corruption-free tax administration. GST will be is levied only at the destination point, and not at various points (from manufacturing to retail outlets).
Currently, a manufacturer needs to pay tax when a finished product moves out from a factory, and it is again taxed at the retail outlet when sold.

How will it benefit the Centre and the States?
It is estimated that India will gain $15 billion a year by implementing the Goods and Services Tax as it would promote exports, raise employment and boost growth. It will divide the tax burden equitably between manufacturing and services.

What are the benefits of GST for individuals and companies?
In the GST system, both Central and State taxes will be collected at the point of sale. Both components (the Central and State GST) will be charged on the manufacturing cost. This will benefit individuals as prices are likely to come down. Lower prices will lead to more consumption, thereby helping companies.

What type of GST is proposed for India?
India is planning to implement a dual GST system. Under dual GST, 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.
All goods and services, barring a few exceptions, will be brought into the GST base. There will be no distinction between goods and services.

Which other nations have a similar tax structure?
Almost 140 countries have already implemented the GST. Most of the countries have a unified GST system. Brazil and Canada follow a dual system where GST is levied by both the Union and the State governments.
France was the first country to introduce GST system in 1954.

Will this be an extra tax?
It will not be an additional tax. CGST will include central excise duty (Cenvat), service tax, and additional duties of customs at the central level; and value-added tax, central sales tax, entertainment tax, luxury tax, octroi, lottery taxes, electricity duty, state surcharges related to supply of goods and services and purchase tax at the State level.

What will be the rate of GST?
The combined GST rate is being discussed by government. The rate is expected around 14-16 per cent. After the total GST rate is arrived at, the States and the Centre will decide on the CGST and SGST rates.
Currently, services are taxed at 10 per cent and the combined charge indirect taxes on most goods is around 20 per cent.

Will goods and services cost more after this tax comes into force?
The prices are expected to fall in the long term as dealers might pass on the benefits of the reduced tax to consumers.

Why are some States against GST; will they lose money?
The governments of Madhya Pradesh, Chhattisgarh and Tamil Nadu say that the information technology systems and the administrative infrastructure will not be ready by April 2010 to implement GST. States have sought assurances that their existing revenues will be protected.
The central government has offered to compensate States in case of a loss in revenues.
Some States fear that if the uniform tax rate is lower than their existing rates, it will hit their tax kitty. The government believes that dual GST will lead to better revenue collection for States.
However, backward and less-developed States could see a fall in tax collections. GST could see better revenue collection for some States as the consumption of goods and services will rise.

How will GST be implemented?
The empowered committee is likely to finalize the details of GST by August. But States have to sort out several issues like agreement on GST rates, constitutional amendments and holding talks with industry associations. Experts feel the drafting of legislation and the implementation of law will take time.

What are the items on which GST may not be applied?
Alcohol, tobacco, petroleum products are likely to be out of the GST regime.

Read More


New Direct Tax Code



The New Direct Tax Code (DTC) of India is expected to substitute the Income Tax Act of 1961 that is presently in operation. The bill had been presented at the Parliament on August 30th, 2010. According to experts, the new code has lesser benefits compared to the Income Tax Act of 1961.


The Union Finance Minister Pranab Mukherjee had reiterated while presenting the 2010 Union Budget, that he will ensure the new DTC came into force on April 1st, 2011. 

Direct Tax Code Highlights


  1. The new DTC does away with majority of the categories that were earlier exempted from taxes such as Unit Linked Insurance Plans (ULIPs), Long term infrastructure bonds, Equity Mutual Funds (ELSS), repayment of house loan principal, Term deposits, stamp duties, National Savings certificates (NSC), and registration fees for buying residential properties.
  2. There will be no tax exemption for leave travel allowances.
  3. The upper limit for tax saving investments will be INR 100,000. But in case of pure life insurance there will be an addition of 50,000 rupees – the sum of insurance should be, at the minimum, 20 times more than the premium. This facility will also be available for health insurance, tuition fees of children, and mediclaim policies. Tax payers will be able to make tax saving investments up to 1 lakh rupees in provident funds, gratuity funds, superannuation funds, and new pension schemes.
  4. Tax exemptions provided for education loans will remain the same as earlier.
  5. As before, tax exemption will remain the same in case of the interest paid for home loans – INR 1.5 lakhs per year.
  6. Corporate taxes have been reduced to 30 percent from 34%. This will be inclusive of the education surcharge and cess.
  7. Short term capital gains will be taxed at 50 percent. Long term capital gains such as equity mutual funds and equities, where STT is being paid, will be exempted from taxes.
  8. The upper limit for medical repayments has been increased from INR 15,000 per year to 50,000 rupees per year.
  9. Tax exemption will be provided for savings, withdrawals and accretions of GPF, PPF, and EPF. This benefit will also be applicable for the New Pension Scheme being managed by the PFRDA, pure life insurance products, and retirement benefits such as leave encashment and gratuity, and annuity schemes.
  10. Equity mutual funds will be subjected to a dividend distribution tax (DDT) rate of 5 percent. DDT from non equity funds will be taxed as per the yearly income of the concerned investor. If dividend from non-equity funds exceeds INR 10 thousand the TDS will be 10 percent. In case of companies and NRIs this rate will go up to 20%.
  11. Education cess and surcharge have been removed.
  12. In case an NRI stays in India for a minimum of 60 days he will be required to pay a tax on his aggregate income. 
  13. Deductions for rent and maintenance will be brought down to 20 percent from 30% of the gross rent. Interest paid for house loans in case of a rented property will now be deducted from the rent.

Direct Tax Code – Slabs




The following table shows the new income tax rates to be applicable from April 1st, 2012 onwards:
Yearly income
Tax rates
More than 10 lakh rupees
30 percent
Within 5 lakh and 10 lakh rupees
20 percent
Within 2 lakh and 5 lakh rupees
10 percent
Up to 2 lakh rupees (in case of senior citizens this amount will go up to INR 250,000)
Exempted

Direct Tax Code – Capital Gains from Property Sales


As per the new direct tax code, in case of properties sold within a year the income will be added to the taxable salary. For long term gains, like in case of properties sold after more than one year of buying them, the gains will be added to the taxable income after indexation.The tax will be deducted as per the annual income of the concerned tax payer. The base date for calculating the acquisition costs has been changed to April 1, 2000 from April 20, 1980.