Goods and service tax Gst Goods and service tax Synopsis Introduction & History of GST Background of GST Structure of GST council What are the types of GST available before implementing GST Difference between existing tax structure and previous tax structure Types of GST Features of GST Challenge in GST Who is liable to register under GST How to register under GST Goods and Service Tax Synopsis Terms used in GST Time of supply of Goods Benefits of GST Revised GST Types of GST returns Composition Scheme Zero Rated Supply Who can opt for composition scheme Due dates for filling GST Returns Penalty for late filing How to register under GST Workings An Introduction on History of GST GST or Goods and Services Tax came into use from July 1, 2017 replacing number of other taxes that was applied till June 30, 2018. The discussions of GST Bill has been in process process for more than two decades and the bill was passed to implement GST from July 1, 2017 by the Prime Minister of India and his Finance Minister Arun Jaitley. GST was launched on the midnight of July 1, 2017. An Introduction on History of GST • The single GST replaced several taxes and levies which included: central excise duty, services tax, additional customs duty, surcharges, state-level value added tax and Octroi. We follow the dual GST system i.e. GST for State and Central named SGST and CGST, respectively. Let us have an overview on the history of GST from the content below as an eye-opener. Background of GST 2006 2009 2011 2014 2016 Sep 2016 • First announcement of GST was made by the Union Minister during the 2006-2007 budget, that it would be introduced on April 1, 2010. • Empowered Committee released the first Discussion Paper. • Empowered Committee released the first Discussion Paper. • 122nd Amendment Bill was introduced in LokSabha • One Hundred and First Amendment Act was enacted • The first GST Council Meeting was conducted Background of GST March 2017 • CGST, SGST, IGST, UTGST and Compensation Cess Act was recommended by GST Council. April 2017 • CGST, SGST, IGST, UTGST and Compensation Cess Act were passed July 2017 • GST laws, Goods and Services Tax was launched all over India. Structure of GST Council Chairperson The Union Finance minister, Government of India Vice - Chairperson The members of the Goods and Services Tax council referred to in sub-clause © of clause (2) shall, as soon as many be, choose one among GST themselves to be the vice- chairperson of the Council for such period as they may decide. Member The Union Minister of state in charges of Revenue Finance. Members The Minister in charge of finance or Taxation or any other Minister nominated by each state Government. What were the Taxes available Before the Implementation of GST? State Value Added Tax (VAT), Central Excise Tax, Services Tax, Central Sales Tax, etc are all replaced by the single entity called GST (Goods and Services Tax) Value Added Tax was mainly for the taxes at State level across all states in India. Now on introduction of GST, VAT is replaced by State GST or SGST and the State VAT department will be simply converted to SGST Departments. Central Excise Tax that is the central tax for the goods and services are now replaced with Central GST or CGST. Difference between previous tax structure and existing Tax (GST) Previous tax structure Existing tax structure (GST) Cascading Effect of Taxes not eliminated It will be eliminated being credit allowed on completely (CST, additional customs duty, all the components of taxes surcharges, luxury tax, entertainment tax, etc…) Value-added chain in the distribution trade below the manufacturing not captured fully . It will be taken care Assessable Value for diff. taxes is Diff. i.e. Excise – sec-4 (transactional value) VATSale value (Including excise duty) , Service Tax- Gross realization value Assessable value for all the taxes cont..2 Difference between existing tax structure and GST Different Authorities for diff. taxes i.e. Excise Duty – Custom & Excise Deptt. Service Tax – Service tax Comm. VAT – Diff authorities at state levels & Other Taxes-Various authorities at local level Only two authorities i.e. one for SGST & One for CGST Difference between previous tax structure and existing Tax (GST) Previous tax structure Existing tax structure (GST) Difficulties in filling -various documents with diff. authorities - documents at various point of time Documents will be reduced a lot Too many returns under different statute i.e. Excise Returns, Service tax Returns, Sales tax return etc.. Common format is proposed. Difficult to manage annual calendar for compliance under various laws. It will be manageable to some extent Tax on Tax - CENVAT load on the goods remains included in the value of goods to be taxed under State VAT It will be taken care as same value be the base for CGST/SGST What are the Types of GST? GST has brought a reform in the taxation in India. Various types of indirect taxes replaced by GST is categorized under four categories. The four types are GST Intra-state movement Central GST (CGST) State GST (SGST) Inter- state movement Integrated GST (IGST) Types of GST CGST - CGST is a Central Goods and services tax. It is applicable on suppliers dealing within the state. Taxes which are collected will be shared with the central authority body. SGST - SGST is a state Goods and services tax. It is applicable to suppliers who dealing within the state. Taxes which are collected will be shared to state authority body. IGST - IGST stands for an Integrated Goods and services tax. It is applicable to suppliers who dealing interstate business and import transaction. Taxes which are collected will be shared to central and state authority body. UTGST - If the transaction is related to any union territory. Features of GST 1. 2. 3. Dual GST mode : ‘Dual GST’ Model, taxes will be levied by both central and state on goods and services. Destination based consumption Tax: GST will be a destination based tax. This implies that all SGST collected with ordinarily accrue to the state where the consumer of the goods or services sold resides. Taxes to be subsumed: Central and state indirect taxes and levies listed below would be subsumed under the GST: Central excise duty Additional excise duty Service tax Additional customs Duty commonly know as countervailing duty(CVD) Cesses Surcharges Features of GST 4. GST on Export and Import: Export will not be subject to GST. Integrated Goods and services tax(IGST) will be levied on import of goods and services into the country. 5. Computation of GST on the basis of invoice credit method: The liability under the GST will be invoice credit method i.e., CENVAT credit will be allowed on the basis of invoice issued by the suppliers. 6. Payment of GST: The CGST and SGST are to be paid to the accounts of the central and states respectively. 7. Goods and Services Tax Network 8. Administration of GST 9. GST Council Challenges for GST It is difficult to estimate accurately gain for States from service tax and loss on account of removal of cascading effects, payment of input tax credit and phasing out of CST. Estimate for Compensation to states on A/c of loss of Purchase Tax How to tackle existing Multiple rate structure. Constitutional Amendments for empowering the - Centre to levy tax on sale of goods, - States for levy of service tax and tax on imports, - approvals from State Legislatures for Debiting Consolidated Funds 283(2) of Constitution) Co-Operation among the states (b2c transactions) It may face opposition from Local Dealers as they have to pay CGST in addition to SGST directly. Why GST? Free Movement of Goods and services Removal of Cascading Effect of Taxes Wider coverage of Input put tax, Sales tax, service tax, Set -off One Tax One Nation Rationalize structure Of Indirect Taxation Continuous chain of set-off till the consumer What is GST Registration In the GST Regime, businesses whose turnover exceeds Rs. 20 lakhs (Rs 10 lakhs for NE and hill states) is required to register as a normal taxable person. This process of registration is called GST registration. For certain businesses, registration under GST is mandatory. If the organization carries on business without registering under GST, it will be an offence under GST and heavy penalties will apply. GST registration usually takes between 2-6 working days. Who is liable to register under GST? Individuals registered under the Pre-GST law (i.e., Excise, VAT, Service Tax etc.) Businesses with turnover above the threshold limit of Rs. 20 Lakhs (Rs. 10 Lakhs for North-Eastern States, J&K, Himachal Pradesh and Uttarakhand) Agents of a supplier & Input service distributor Those paying tax under the reverse charge mechanism Person who supplies via e-commerce aggregator Every e-commerce aggregator Person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered taxable person. Who is liable to register under GST? Every person who is registered under an earlier law (i.e., Excise, VAT, Service Tax etc.) needs to register under GST, too. When a business which is registered has been transferred to someone/demerged, the transferee shall take registration with effect from the date of transfer. Anyone who drives inter-state supply of goods Casual taxable person (see below) Non-Resident taxable person (see below) Agents of a supplier Those paying tax under the reverse charge mechanism Input service distributor (see below) E-commerce operator or aggregator Person who supplies via e-commerce aggregator How to register under GST Documents required for GST Registration PAN of the Applicant Aadhaar Card Proof of business registration or Incorporation certificate Identity and Address proof of Promoters/Director with Photographs Address proof of the place of business Bank Account statement/Cancelled cheque Letter of Authorization/Board Resolution for Authorized Signatory Digital signature What are the benefits of registering under GST? 1. A. For normal registered businesses: Take input tax credit Make interstate sales without restrictions To know more about the Benefits of GST 2. . For Composition dealers: Limited compliance Less tax liability High working capital To know more about composition scheme 3. For businesses that voluntarily opt-in for GST registration (Below Rs. 20 lakhs) Take input tax credit Make interstate sales without restrictions Register on e-commerce websites Have a competitive advantage compared to other businesses To know more about voluntary registrations Offences There exist 21 offences under GST, which are subject to a fine/penalty of Rs. 10,000 or more depending on the tax amount. Below mentioned are some of the major offences under GST Act. Providing a bill without supplying goods and/or services. Collecting tax but failing to submit it to the government within 3 months. Collecting full or part input tax credit without having the original bill of the goods/services. Obtaining tax refund by fraudulent means. Producing false financial records to file a false return. Providing incorrect information during the registration. Failing to deposit tax returns to the government. In any of the above cases under Sec.122 failing to provide correct information will be liable to pay penalties up to Rs. 25,000. Time of Supply of Goods Time of supply of goods General provision for goods Earlier of: Date of issue of invoice Date of receipt of payment Reverse charge for goods Earlier of: Date of receipt of goods Date on which payment is made Date immediately following 30 date of invoice Terms used in GST Aggregate Turnover: It means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-state supplies of person having the same PAN , to be computed on all India basis but excludes central tax, state tax, Union territory tax, integrated tax and cess. Goods and Services Tax Network (GSTN) - is a nonprofit, public-private partnership company. Its main purpose is to provide IT infrastructure and services to Central and State Governments, taxpayers, and other stakeholders to facilitate the implementation of GST. Terms used in GST Harmonized System Nomenclature (HSN) Code - is a numeral used to classify goods for taxation purposes provided by the World Customs Organization. Input Tax Credit - is the credit against the tax already paid on inputs (purchases) can be claimed back to pay the liability of output taxes (on sales). It is called input tax credit or ITC. Composite Supply- refers to a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply. Example: Supply of laptop and carry case Supply of equipment and installation of the same Supply of health care services along with medicaments. Terms used in GST Mixed Supply - refers to two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply. Inward Supply - refers to the receipt of goods and/or services, whether by purchase, acquisition, or any other means, and with or without any consideration. Outward Supply - refers to the supply of goods and/or services, whether by sale, transfer, barter, exchange, licence, rental, lease, or disposal, or any other means made or agreed to be made during business. Casual Taxable person- is a person who occasionally undertakes transaction involving supply of goods or services or both in the course or furtherance of business whether as principal, agent or in any other capacity, in a state or a union territory where he has no fixed place of business. Terms used in GST Non resident person: means any person who occasionally undertakes transaction involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India. Reverse charge: Reverse charge means the liability to pay tax by the recipient of supplying of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub section (4) of section 9 or under sub-section (3) or under sub-section(4) of section 5 of the integrated Goods and services tax Act Zero-Rated Supply -means supply of any goods and/or services including export of goods or services or both or supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit. Zero rated supply under GST What is Zero rated supply? GST is not applicable in India for exports. Hence, all export supplies of a taxpayer registered under GST would be classified as zero rated supply. According to Section 16 of the IGST Act, zero rated supply means any of the following supplies of goods or services: Export of goods or services or both; Supply of goods or services or both to a Special Economic Zone developer Supply of goods or services or both to a Special Economic Zone unit. GST Refund for Zero rated supply As exports are zero rated supply, the supplier will be eligible to claim input tax credit in respect of goods or services used for the supplies even though they might be non-taxable or even exempt supplies. To claim GST refund for exports, the taxpayer can export under bond or LUT and claim refund or export on payment of IGST and claim refund. Details to be Furnished in GST Return In GSTR 3B return and GSTR-1, all taxpayers must furnish details of all zero rated supply. In the following table showing GSTR 3B return, the taxpayer must provide details of all export supply in row B. Revised GST Rates 0% GST Rate 5% GST Rate 12% GST Rate 18% GST Rate 28% GST Rate fresh meat, fish chicken, Eggs, Milk, butter milk, Curd, natural honey, fresh fruits and vegetables, flour, besan, bread, Prasad, Salt, BindiSindoor, Stamps, judicial papers, printed books, Newspapers, Bangles, handloom etc. Fish fillet, Cream, skimmed milk powder, branded paneer, frozen vegetables, Coffee,Tea, Spices, pizza bread, Rusk, Coal, Medicines, Stent, Frozen meat products, Butter, Cheese, Ghee, dry fruits in packaged form, animal fat, Sausage, fruit juices, Aurvedic medicines, tooth powder, colorings books, sewing machine, and cell phones Flavored refined sugar, Pasta, pastries and cakes, preserved vegetables, sauces, Soups, ice cream, instant food mixes, mineral water, Tissues, Envelopes, Tampons, notebooks, steel products, printed circuits, Camera, chocolate not containing cocoa, aerated water, Paint, Deodorants, shaving creams, after shave, hair shampoo, Dye, Sunscreen,Wallpaper, ceramic tiles, water heater, Benefits of implementation of GST To Traders • Reduction in multiplicity of Tax • Mitigation of cascading/ double taxation • More neutralization of taxes especially for exports • Development of common national market • Simpler tax regime • Simpler tax regime fewer rates and exemptions. Benefits of implementation of GST To Government • Simpler tax system • Broadening of Tax base • Improved compliance and revenue collections • Efficient use of resources. • Automation of compliance procedures to reduce errors and increase efficiency. • A unified common national market to boost foreign investment and “make in India” campaign. • Improving the overall investment climate in the country which will benefit the development of states. Benefits of implementation of GST To the Citizens • Simpler tax system • Reduction in prices of goods and services due to elimination of cascading effects. • Uniform prices throughout the country. • Transparency in taxation system. • Increase in employment opportunities. Types of GST Returns (GSTR-1) Monthly Statement of Outward Supplies to be furnished by all normal and casual registered taxpayers making outward supplies of goods and services or both and contains details of outward supplies of goods and services (GSTR-2) Monthly Statement of Inward Supplies to be furnished by all normal and casual registered taxpayers making inward supplies of goods and services or both and contains details of inward supplies of goods and services (GSTR-3) A simplified summary return and the purpose of the return is for taxpayers to declare their summary GST liabilities for the tax period and the discharge of these liabilities in a timely manner Types of GST Returns (GSTR-4) An auto-drafted and read only form and is auto created on basis of data from the saved/submitted/filed Form GSTR-1/5 and filed Form GSTR-7 of the taxpayers, where composition dealer is the recipient. (GSTR-5) A return to be filed by all Non- Resident Taxpayer in cases he doesn’t wish to avail ITC on local procurements (GSTR-6) A monthly return to be filed by all the Input Service Distributor’s (ISD) for distribution of credit (ITC) amongst its units. (GSTR-7) Returns filed by a Tax Deductor (GSTR-8) Returns to be filed by an e-Commerce Portal (GSTR-9) Registered Taxable Person Registered under the Composition Scheme GSTR 4 Quarterly return for compounding vendors (It contains the total value of supply made during the period covered by the return, along with the details of the tax paid at the compounding rate (not more than 1% of aggregate turnover) for the period along with invoice-wise details for inward supplies if they are either imports or purchased from normal taxpayers). GSTR 9A Annual composition return form that has to be filed by every taxpayer who is enrolled in the composition scheme. Who can opt for the composition scheme Supplier of service other than restaurant owners(Serving foods and non-alcoholic drinks) Supplier of non-taxable goods If the person in engage in the inter-state supply of goods Supplier supplying goods through E-commerce operator, who is eligible to collect TCS Supplier of tobacco, pan masala, and ice cream Person who can’t opt for the composition scheme Supplier of service other than restaurant owners(Serving foods and non-alcoholic drinks) Supplier of non-taxable goods If the person in engage in the inter-state supply of goods Supplier supplying goods through E-commerce operator, who is eligible to collect TCS Supplier of tobacco, pan masala, and ice cream Due dates for GST filing GSTR 1 Quarterly GST Return Annual Turnover up to Rs 1.5 crore can opt for quarterly filing Quarter Due Date Oct – Dec 2018 31st Jan 2019 Jan –Mar 2019 30th April 2019 Due dates for GST filing (GSTR -2 & GSTR-3) Filing currently suspended (GSTR-3B) has been extended to March 2019All businesses have to file GSTR-3B by 20th of next month until the month of March 2019. (GSTR-4) Due date for the quarter October 2018 to December 2018 is 18th Jan 2019 Due date for the quarter Jan 2019 to Mar 2019 is 18th Apr 2019 Due dates for GST filing (GSTR-5A) Those non-resident taxpayers who provide OIDAR services have to file GSTR-5A by 20th of next month. (GSTR-6) The input service distributors have to file GSTR6 by 13th of next month. (GSTR-5) Non-resident taxpayers have to file GSTR-5 by 20th of next month. Due Date for GST For each category of GST Returns, the due date for filing varies. Filing GST returns before the due dates helps to avoid penalties. The due dates for GST returns along with the details which are to be filed are listed in the below table and the due dates are subject to changes GSTR- 1 -10Th of every month GSTR- 2- 15th of every month GSTR -3- 20th of every month GSTR- 4- 18th of month succeeding quarter GSTR- 5-20th of next month GSTR- 6-13th of next month GSTR- 7-10th of next month GSTR- 8-10th of next month GSTR- 9-31st Dec of next financial year GSTR- 10-Within three months of date of cancellation GSTR- 11-28th of the month, following the month for which the statement was filed Penalty What is the Penalty for Late Filing of GST Returns? GST Returns are to be filed at the stipulated time and any delay will make one liable to pay both the interest and late fee. Interest is 18% per annum. It has to be calculated by the taxpayer on the amount of outstanding tax to be paid. Earlier the late fee would be Rs.100/day on SGST and CGST calculating to about Rs. 200/day and no late fee will be charged on IGST. The late fee has been revised and late fee on GSTR-1, GSTR-3B, GSTR-4, GSTR-5 and GSTR-5A will be Rs. 50 per day of delay and Rs. 20 per day of delay for nil returns. Late fee for GSTR-5A will be total of Rs. 200 per day of delay and Rs. 100 per day of delay for NIL return. GST : Working Levy of Tax under GST framework (@ 10%) Suppose a manufacturer purchases a X commodity for Rs. 200 and adds a value of Rs. 80 into it thus creating the X of Rs. 280. GST paid by manufacturer will be- Rs. 8 i.e. (Tax on output- Rs. 28 minus Tax paid on input –Rs. 20) Now the second party in the chain, the wholesaler will get this X for Rs. 280 and supposing the value addition by him is Rs. 60. GST paid by wholesaler will be- Rs. 6 i.e. (Tax on output- Rs. 34 minus Tax paid on input –Rs. 28) The retailer buys the X for Rs. 340 and added a value of Rs. 100 to it. GST paid by retailer will be- Rs. 10 i.e. (Tax on output- Rs. 44 minus Tax paid on input –Rs. 34) Total GST paid-Rs. 44 Goods and Service Tax Thank you