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GST (Goods and Services Tax) in India - Part 2

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 myind.net https://www.myind.net/gst-goods-and-services-tax-india-part-2

GST (Goods and Services Tax) in India - Part 2

In Part 1 of the Issue Brief, we discussed the current scenario of GST, scenarios for the GST, impact of the VAT and
GST and GST in Agriculture. Now we will explore the impact of GST in different sectors further. We also looked at
VAT rates in OECD countries and conditions in setting VAT threshold. (Part 1: https://www.myind.net/gst-goods-and-
services-tax-india-part-1 )

The prospects for the passage of the GST Constitutional Amendment Bill have improved since the May 2016
election results. This is because some of the larger states such as West Bengal and Uttar Pradesh (UP) have
realized that they as net consumer states are likely to benefit as basis of sales taxation of goods and services shifts
from the ‘origin’ basis (states where they are produced) to ‘destination’ basis (state where they are consumed).
Opposing such an important economic reform due to partisan politics has diminishing marginal returns, and is
perceived as being counterproductive. As the government gets ready to make another push for the GST in the
upcoming monsoon session, (http://timesofindia.indiatimes.com/india/Govt-to-push-GST-bill-on-1st-day-of-monsoon-
session/articleshow/52442233.cms?intenttarget=no) we might see the tax reform sooner rather than later.

Bringing E-Commerce under GST: An Essential Step

(a) What should be treated as point of sale?

(b) Whether e-business is to be treated as market place or inventory model of online business ?
The point of sale in online trade i.e., where the sale is deemed to have occurred, fixes the liability and
incidence of tax. For intra-state sale, i.e., where the seller and buyer are in the same state, the Value Added
Tax (VAT) rate of that state is applicable and collected from the seller.
For inter-state trade i.e., where the seller and buyer are located in different states, the Central Sales Tax
(CST) is applicable and is collected and kept by the state in which the sale originates and not by the
destination state. In the case of online trading / selling in the business to customer model, the seller is liable
to pay both CST and VAT, depending on location of the seller.
In respect of transactions through e-retailers, there is considerable ambiguity regarding where the sale is
deemed to have occurred and hence, in the incidence of tax. This leads to dual tax demand, both at the point
of origin as well as at the point of destination.
The second issue relates to who is responsible for the collection of tax. Large e-retailers are of the view that
they are providing an online marketplace to both buyers and sellers. Under the marketplace model, e-
commerce firms host third-party merchants on their websites and customers buy goods on the sites from
these merchants.
Thus, the third party vendor/seller is liable to collect the VAT and the online platforms only need to pay service
tax on the commission they charge the vendors listed with them.
However, state governments are of the view that these online platforms are inventory-based models as many
of the online traders set up warehouses and store goods before any sale has been transacted. Hence, they
contend that these online retailers are liable for tax on the sales.
Various state Value Added Tax Acts and the Central Sales Tax Act, 1956 predate online retail activities and do
not cover them specifically. Tax rates and rules differ widely across states. Even the definition and treatment
of dealers and distributers differ. Further, if the vendor/third party is not registered under VAT in the state of
destination, monitoring compliance of collection of tax becomes difficult.

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Taxing E-Commerce: States’ Responses

Conscious of the potential loss of revenue from burgeoning e-commerce, states have been undertaking a variety of
strategies. They include:

Treating these businesses as inventory-based models and applying local state tax on transactions from local
warehouses/distribution centers to buyer;
Calling for records of warehouses to verify if appropriate taxes are being paid;
Exerting pressure on online sites that do not have warehouses to establish warehouses and distribution
centers in their states so that online trades can be easily taxed;
Calling for details of sales made by major e-retailers in their respective states; asking them to register
themselves as dealers in the state and file applicable returns;
Undertaking surveys to assess the loss of revenue from online sales.
Apart from these administrative measures, states have also been calling for legislative measures such as
amendment to the Central Sales Tax Act to make it easier for them to tax online retail transactions.
The Karnataka Government plans to amend its Value Added Tax Act and bring e-commerce marketplace
transactions under its purview. It proposes to classify online marketplaces as ‘commission agents’ since they
charge a commission from third-party sellers for using their platform and their delivery and warehousing
services and make them liable to pay VAT to the state government.

India-level leadership needed for taxing e-commerce

In view of the complex problem faced by countries in taxing e-commerce, India needs to develop a uniform
model across States that is easy to implement. Leveraging technology and plugging the gaps in the State
laws will lower the cost of compliance and monitoring of e-commerce taxation.

India has a system of consumption taxes levied at the Federal and State level on goods and services which
constitute the primary source of revenues for both the Federal Government and the States (about half of
India’s total tax revenue -broadly defined- is from this source).
If Customs duties are added, the share increases even further.
The challenges that the tax revenue is obtained from several separate complicated tax laws, with high
compliance costs, which impact the cost and methods of doing business and create opportunities for rent
seeking by various stakeholders. It is this aspect that GST will help mitigate.
Current Sales Tax structure:
The Central Government levies

(i) A Central VAT (CENVAT) on the manufacture and production of goods;

(ii) A Service Tax on a specified list of services;

(iii) A Central Sales Tax (CST) on inter-state sales of goods

The States levy a State VAT on the sales of goods within the state.
A nationwide GST (Goods and Services Tax) to replace other taxes (Excise taxes, Service tax, Entertainment
tax, Octroi and related taxes such as LBT-Maharashtra) all existing indirect taxes levied at the state and
national levels is currently being debated.

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 “GST badly needed. Indian freight trucks spend 60% of travel time between cities waiting at check posts to
pay taxes & clear formalities. India's logistics costs are 2 to 3 times the international benchmark. GST can cut
this large bureaucratic cost & give a huge boost to growth.” Kaushik Basu, The World Bank Group's Senior
Vice President
It will require a Constitutional amendment as currently the Centre cannot levy sales taxes; and states cannot
levy general service taxes.
There are 32 parties (Union Government, 29 states, and 2 Union Territories)

Proposed GST Structure

It is proposed that a GST consisting of a Central GST (CGST), State GSTs (SGST), and IGST (Interstate Sales) be
implemented. Under the GST system:

The Central and the State governments will tax both goods and services at each stage of the supply chain.
The Central Government and States will set their rates separately on an agreed basis. The rate currently
being discussed is 16 percent, but no final decision has been made.
A destination-based tax will be levied and will operate with full input credit system.
Technology to deal with cross border (within the country as well) transactions. NSDL (National Securities
Depository Limited), which also manages Tax Information Network (TIN), has been entrusted with the task. It
is a public sector company.
At the Union Government level, GST will be administered by the Customs and Excise Department. This is
unusual as in most countries, GST is administered by the Department administering Income Tax.
The reform has missed several deadlines, one reason for which is a lack of consensus (with lack of trust
between the two a factor) between Centre and State governments. Prime Minister Modi’s Government,
current efforts of “cooperative federalism”, is well positioned to move towards consensus.
As Constitutional Amendment needed, earliest start date for GST would be mid-2016.
States are concerned about the loss of revenue as they fear that the proposed national GST may encroach
the State VAT revenues.
They are also concerned about the loss of fiscal autonomy as far as levying taxes is concerned, which is
unavoidable if there is uniformity in the rate structure of the proposed GST. The key items of disagreements
are: petroleum taxes, liquor taxes, purchase tax on food grains, and entry tax. To retain integrity of GST, it is
essential that petroleum tax, purchase tax, and entry tax are included in the GST.
The compensation to states is also an issue, but more a political bargaining issue than a technical one.
There is also an issue concerning level of sales below which firms need not register for GST.
States may prefer lower level (about INR 5 Lakh), ideal would be INR 50 Lakh to minimize administrative
burden; (likely compromise around INR 15-20 Lakh).
In GST, the difference between Exemption and Zero rating is critical. An exempt fund must pay input taxes on
their purchases but are not eligible to get credit for the taxes paid, so the only loss of revenue to the
government is at the final stages.
A zero rating means that output tax rate is zero, and all input taxes paid by the firms are to be refunded.
Exports are usually zero rated, relieving exports from input tax burden. The integrity and the effectiveness of
the refund process therefore acquires critical importance
While it is legitimate for states to bargain to retain their fiscal autonomy, they should not use it to indulge in
predatory competition and export tax burden to non-residents

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 The dilemma is that state can potentially retain flexibility in GST rates and base but the economy as a whole
will forego potential benefits, including relatively lower administrative and compliance costs of the GST
(Ramachandran 2014).
Fiscal autonomy however need not just concern GST rates and base, but other areas. Example: Central
government Schemes such as NREGA or Food Security Act, does require state fiscal expenditure, reducing
their fiscal autonomy.
Narendra Modi led government has addressed this concern by moving several Centrally Sponsored
Schemes to the States while increasing devolution of resources to the States to use them according to their
own priorities.

Potential benefits associated with the reform: (the extent will depend on the details of design and implementation
which are not yet unveiled, the extent of benefits)

Tax administration and compliance may be simplified

The tax base, laws and administration procedure across the country will be harmonized.
GST could potentially permit cross-auditing of returns with income and other taxes, assisting in reducing tax
avoidance and evasion. This will however require customs and excise department which is entrusted with the
responsibility of implement GST, collaborate closely the Income Tax Department. Merging these two
departments to form a unified Indian Tax Administration Service merits serious consideration.
May neutralize the cascading effect (i.e. taxes being levied on top of taxes)
May boost exports and increase the competitiveness of Indian goods and services.
Assist perusal of fiscal sustainability

GST: Recent Developments

For exempt firms, states would like both administrative and legal jurisdiction. The Union Government may
prefer only administrative but no legal control by the states on C-GST as its revenue is at state, this issue can
also be resolved with better trust.
The Bill creates envisages a GST council in which the Union government and the States are members. It will
make recommendation of rates, exemption list and threshold limits.

GST decision should have a majority of not less than 3/4th of the weighted votes of the members present (
Union government has a weight of 1/3 rd and state government together have a weight of 2/3rd ). So the Union
government will have an effective veto over the council decisions.

Recommendations of the 13th Finance Commission on GST

The recommendations of the 13th Finance Commission (FC), 2010-2015, tabled in Parliament on February
25th, 2010, on GST, are found in chapter 5 of the FC report.(http://fincomindia.nic.in/ShowContentOne.aspx?
id=27&Section=1) These recommendations were however not accepted. The main reason for discussing it is
the alternate modalities of implementing GST
The FC commissioned several studies to develop a model GST, and to assess the impact on international
trade and other macroeconomic aspects. It also held wide consultations with the State and Central
governments.
The key message of the FC Report is that only if the Model GST is put in place, can all its potential benefit be
fully realized (p.64).

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 GST reform has been called ‘game changing tax reform’ as its one of the most ambitious of indirect taxes that
a federal country has attempted.
It has the potential to create for the first time a unified national market in India.
Dual Tax, with both Central and State GST components levied on the same tax base. This will increase
complexity.
The FC estimates that the Model GST will have a tax base of INR 31,000 billion: and the revenue neutral rate
will be 12 percent (5 percent CGST, 7 percent for SGST). This is substantially lower that the present 20.5
percent (8 percent CENVAT, 12.5 percent VAT). 12 percent should be the target.
In 2011-12, the state general sales tax (INR 3432.30 billion), the central sales tax (INR 16.54 billion) and the
central service tax (INR 950 billion) together amounted to 4.9 % of GDP. The revenue neutral GST must
therefore generate the same revenue.
The expectation is that it will generate up to 1% of GDP more than the current arrangements, but much will
depend on design, administration and compliance.
The main recommendation, which has been accepted by the government, is the much larger devolution of
Central government taxes to the states.
Combined with revenue from coal auctions, and other mining royalties accruing to the states, States will have
access to much larger pool of resources.
Challenge is to modernize public financial management systems to take advantage of this.

The opportunity cost of deviation from the 13 th FC’s recommendations will be lower tax base
(requiring higher rates), and greater administrative and compliance costs

Urgency for the States to begin to prepare for the GST (see Asher, 2015)

Time frame to implement by April 2016 is too short. (Earliest GST can now be implemented is April 1, 2017.
Even if the Bill passes in the 2016, GST is unlikely to be implemented in the middle of the Financial Year).
Urgency for the states to begin to prepare for the GST however remains. States will for the first time be able
to levy sales tax on services (expending their tax base significantly) but have no experience with service tax.
So they could consider cooperating with services Tax Division of the Union government, and begin to prepare
service Tax Registry.

Tax Base

Current Tax Structure:

There is no common tax base between the Central and State governments.
The Central and State governments impose different types of VAT either on goods or services and therefore,
on a different tax base. These taxes are not necessarily creditable against each other and this may create a
cascading effect.
The proposed dual GST will be levied on a common base of goods and services.

The list of exemptions should be common and a uniform registration threshold should be applied.

GST Rate Structure

A single rate is often advocated for GST on the assumption that gains from lower administrative and
compliance costs outweigh the loss from efficiency and equity arguments.

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 Optimal tax theory however, argues for multiple tax rates depending on the price elasticity of demand. But
amidst information, administrative, equity, distributional and political economy considerations, it may not be
practically viable to have such a policy.
A uniform rate structure across states could potentially reduce fiscal autonomy of the States, but will be
hugely beneficial in lowering distortions and compliance costs, improving India’s competitiveness' floor rate
across states rather than a uniform rate will give states some leverage, but may lead to a complicated multiple
rate structure similar to the one prior to the introduction of State VATs.
The GST reform proposes that the various Central, State and Local taxes (i.e., amongst others, the CENVAT,
Service Tax, CST, State VATs and various entry or luxury taxes) to be replaced by a dual GST.
This GST would allow the two levels of government to tax both goods and services at each stage of the
supply chain. The Central Government and States will set their rates separately.
The Central Government would levy a Central GST (CGST) and the States would levy a State GST (SGST)
and each level would determine the tax rates.
The CGST, SGST, and IGST are different taxes, hence they should not be creditable against each other.
The basic features of the CGST and SGSTs however, such as the provisions regarding the chargeability,
taxable event of the tax or valuation and classification, would be harmonized. Rules and procedures should
be uniform as well.
Unprocessed food items, government and meritorious services like education and healthcare, stationary and
books, and life-saving medicines are among the things that are best exempted for equity and administrative
reasons.

However, it is also important to keep exemptions to a minimum, as they will not enhance the States’ fiscal
autonomy, will make the tax base narrower, and will not facilitate comprehensive crediting of input taxes.
In the discussions surrounding the 2016 Budget, the following points relevant to GST have emerged:

1. Minimizing GST exemptions to keep base broad

2. Keeping combined GST rate of Union and State Governments to around 18%. This would imply nominal
service tax rate will increase (it was 14 percent in 2015-16, though effective rate varied, and on many goods,
particularly intermediate inputs used by Indian businesses to decline). This would moderately improve
fairness of the Consumption taxes, including that of Customs duties.
3. The GST rate should not be decided on the basis of revenue neutrality with existing distorted tax system, but
on the basis of wider competitive considerations, and to achieve objectives of reducing compliance costs,
expanding base, and encouraging Make-in –India initiatives. (Asher, 2016).

The IGST of 1% (Proposed for initial years) could be scrapped. This will improve GST design as inter-state
sales should not be taxed. GST does move the taxation from ORIGIN to DESTINATION basis. This may lead
to loss of revenue by states who produce more on net basis than consume. But as the Union Government will
compensate for the shortfall in revenue for full five years, IGST of 1% has little significance for revenue, but it
reduces the benefits from GST.

Administering the tax

The Central Government administers the CENVAT, the Service Tax and the CST.
The States administer the State VATs with some coordination between the State VATs as far as the tax base
and tax rates are concerned.
The CGST be levied by the Central Government while the SGSTs will be levied by the States.

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The CGST, SGST and IGST are to apply on international cross-border supplies of goods and services, and SGST
would accrue to the State of consumption according to the destination principle.

Inter-State supplies of goods and services will normally be subject to an aggregate of CGST and SGST called
the Integrated GST (IGST) administered by the Central Government. Since inter-State trade should be taxed
at the origin, the Central Government would operate like a clearinghouse compensating the State of
consumption.

Compensation:

A compensation package for any revenue loss further to the introduction of VAT was implemented. States
were compensated for any revenue loss at the rate of 100% of revenue loss during years 2005- 2006, 75%
during years 2006-2007 and 50% during years 2007-2008.
It is envisaged that the Central Government will compensate deficit-revenue States for the first five years
following the implementation of the GST. Any compensation should be paid on a monthly basis to smoothen
tax flows.
An important issue is that concerning revenue-neutral rates, which have been arrived at by the task force by
averaging five different estimates found by different methods. States do not want to lose tax revenue on
account of lower rates in the long term, even though they will receive compensation from the central
government in the short-run.

Tax Revenue:

In the current system:

The CENVAT, Service Tax and CST are levied by the Central Government.
The revenues of the CST accrue entirely to the States.
The States levy the State VAT and the revenues of the State VATs accrue to them
The CENVAT applies only at the production or manufacturing of goods. The Service Tax and the State VATs
are destination-based taxes whereas the CST is an origin-based tax.

Implications for Companies:

Transition Issues -Detailed Rules

Each Company will need to examine in detail what are the exact software program changes that are needed
to be GST compliant. Sound homework by each company on this issue could potentially save fees to be paid
to the outside consultants.
From the perspective of the Group having several companies, it may be useful to have a central shared
services concept, so that the transitional issues into the software program changes needed including SAP
and ERP are made coherent on a Group basis.
The GST will imply a higher tax rates on services than the current rate of 12%, and may imply lower rates for
some goods. This will help pricing policies and marketing strategy implications.
Some states such as Gujarat have indicated that they would like to have the provision of additional one
percent rate over the standard GST for a limited time. This one percent levy is sunset clause for two years
unless the GST council agrees to extend further. This may also complicate the software programs for
implementing the GST, and pricing and marketing strategies of the companies.
Changes in accounting
Each state VAT and Service Tax merged
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 No separate service tax
No Octroi and related taxes such as LBT in Maharashtra
Entry Tax? : coherence of GST demands abolition of entry tax
Exemptions vs zero rating
Implications for Alcohol and petroleum
Petroleum is zero rated in the proposed GST Bill, alcohol is excluded from the GST tax base. These features,
unless addressed, will reduce the benefits from GST as they lack economic rationale.

Conclusions:

India’s GST initiative deserves to be considered a project of national importance. With GST, India will have
two Broad-based taxes (the other being income tax), in line with requirements of a modern tax system.
It has the potential to make India a more unified common market, improve revenue generation, and promote
equitable tax of goods and services while reducing administration and compliance costs.
But the Federal nature of the country and complex objectives, including preserving fiscal autonomy of the
states, will require constitutional change, solid technological base, and a degree of mutual respect and trust
between the Union Government and the States.
The challenges of training the staff, and reorientation of tax administration towards greater professionalism,
(including modern risk-based auditing practices) will also need to be met.
A strong low cost and efficient arbitration and dispute resolution mechanism for all stakeholders will be
essential to reap the benefits of GST. It is evident that a very small proportion of the large tax arrears
outstanding currently are recoverable, but it takes disproportionate resources of the tax department. Thus,
Minister of State for finance in a written reply in Rajya Sabha has stated that as of April 1, 2015, income tax
arrears alone were INR 8.3 trillion, equivalent to 6.6 percent of India’s 2014-15 GDP. This phenomenon must
be avoided for GST and kept in mind in other tax reforms.
Given the technical and administrative complexities of VAT/GST, and aggressive tax planning concerning
GST, India’s relevant tax authorities would find an active participation in OECD’s Global Forum on VAT. The
link is: http://www.oecd.org/ctp/consumption/firstmeetingoftheoecdglobalforumonvat.htm
Networking, regular communication with other VAT officials from different countries, and conscious promotion
of learning organization attributes will be essential as India strives towards a modern tax system suitable
for its projected USD 5 trillion economy some time before the year 2025.

References:

Asher, Mukul G. (2016), How To approach Setting the Rate structure for India’s GST?”MYINDMAKERS,
(https://www.myind.net/how-approach-setting-rate-structure-india-gst), March 2
Asher, Mukul G. (2015) Rationale & Key Requirements For Implementing GST In Indian States, Swarajya, (
http://swarajyamag.com/economy/rationale-for-implementing-gst-in-indian-states)
Bird Richard M. & Smart Michael (2014), “VAT in a Federal System: Lessons from Canada”, Public Budgeting
& Finance, Vol. 34, Issue 4, pp. 38-60.
Cnossen S. (2013) ‘Preparing the way for a modern GST in India’, International Tax and Public Finance, vol.
20, no. 4, pp. 715-723.
Ernst & Young: Worldwide VAT, GST and Sales Tax Guide 2015. Available at
http://www.ey.com/Publication/vwLUAssets/Worldwide-VAT-GST-and-sales-tax-guide-
2015/$FILE/Worldwide%20VAT,%20GST%20and%20Sales%20Tax%20Guide%202015.pdf

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View publication stats

Government Accountability Office, U.S., 2008. Value-Added Taxes: Lessons Learned From Other
Countries on Compliance Risks, Administrative Costs, Compliance Burden and Transition., Available at
http://www.gao.gov/new.items/d08566.pdf
Gupta, Atul Kumar, 2015 GST Concept & Roadmap, New Delhi: LexisNexis
Inland Revenue Authority of Singapore: Annual Report 2012/2013. Available at
http://www.iras.gov.sg/irasHome/page.aspx?id=15206
OECD (2014), Consumption Tax Trends 2014: VAT/GST and Excise Rates, Trends and Administration Issues,
OECD Publishing.
OECD, Revenue Statistics in Latin America 1990-2010, available at http://www.oecd.org/ctp/tax-
global/Brazil%20country%20note_EN_final.pdf
Ramachandran, Narayan, GST: small reform, big impact, Pragati, August 31, 2014. Available at
pragati.nationalinterest.in/2014/08/gst-small-reform-big-impact
Nair, R., GST rollout: CBEC looks to curb tax evasion, Live mint

http://www.livemint.com/Home-Page/3iint4QhqXcLrKKxU7lpsO/GST-rollout-CBEC-looks-to-curb-tax-
evasion.html

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