The document discusses various transitional provisions under GST relating to carry forward of credits from existing tax laws to GST. It addresses questions around treatment of closing balances, stock credits, capital goods credits, input tax credits for inputs in transit, and treatment of registered persons engaged in both taxable and exempted activities. Key provisions covered include migration of existing taxpayers to GST, availment of input tax credit on closing balances as per last returns, deemed credit for inputs in stock, and carry forward of unavailed capital goods credit. Conditions, timelines and clarifications relating to these transitional measures are also provided.
The document provides an overview of the framework of GST laws in India. It discusses key concepts such as the types of GST (CGST, SGST, IGST), taxes subsumed under GST, exclusions from GST, laws governing GST, and the GST council. It also explains important aspects like the administration of GST, levy and collection of tax, the concept of supply which is the taxable event, and import of services under GST.
Key Highlights of the revised model GST LawKaran Puri
The revised Model GST Law addresses several anomalies and inconsistencies in the original draft. Key changes include capping the GST rate at 14% each for central and state taxes and 28% for integrated tax. The definition of capital goods was clarified and securities were excluded from GST. Composition schemes allow small businesses to pay 1-2.5% tax. Imports and exports will be zero-rated, and special industrial areas will continue exemptions until expiration. Other clarifications address the scope of supply and related party transactions. Distinct persons and establishments will be treated separately. Time and place of supply rules were modified, as were transitional provisions and an anti-profiteering mechanism.
Key Highlights of the revised model GST LawKaran Puri
The revised Model GST Law addresses several anomalies and inconsistencies in the original draft. Key changes include capping the GST rate at 14% each for central and state taxes and 28% for integrated tax. The definition of capital goods was clarified and securities were excluded from GST. Composition schemes allow small businesses to pay 1-2.5% tax. Imports and exports will be zero-rated, and special industrial area exemptions will continue until expiration. Other clarifications address the scope of supply and related party transactions. Distinct persons and establishments are defined for registration purposes. Time and place of supply rules as well as valuation and transitional provisions were also modified. An anti-profiteering mechanism was proposed to ensure tax
Key Highlights of the revised model GST LawKaran Puri
The revised Model GST Law addresses several anomalies and inconsistencies in the original draft. Key changes include capping the GST rate at 14% each for central and state taxes and 28% for integrated tax. The definition of capital goods was clarified and securities were excluded from GST. Composition schemes allow small businesses to pay 1-2.5% tax. Imports and exports will be zero-rated, and special industrial areas will continue exemptions until expiration. Other clarifications address the scope of supply and related party transactions. Distinct persons and establishments are defined for registration purposes. Time and place of supply rules as well as valuation and transitional provisions were also modified. An anti-profiteering mechanism was proposed to ensure tax
The document discusses taxation issues related to the conversion of a limited liability company to a limited liability partnership (LLP) in India. It outlines some key conditions under Section 47(xiiib) of the Income Tax Act of 1961 that must be satisfied for the asset transfer during conversion to be exempt from taxation. One such condition is that the total sales of the company in the previous three years cannot exceed Rs. 60 lakhs. However, this is becoming an impediment for larger companies seeking to benefit from converting to an LLP. The document then discusses three potential views on taxation if this Rs. 60 lakh condition is breached.
The document discusses various transitional provisions under GST relating to carry forward of credits from existing tax laws to GST. It addresses questions around treatment of closing balances, stock credits, capital goods credits, input tax credits for inputs in transit, and treatment of registered persons engaged in both taxable and exempted activities. Key provisions covered include migration of existing taxpayers to GST, availment of input tax credit on closing balances as per last returns, deemed credit for inputs in stock, and carry forward of unavailed capital goods credit. Conditions, timelines and clarifications relating to these transitional measures are also provided.
The document provides an overview of the framework of GST laws in India. It discusses key concepts such as the types of GST (CGST, SGST, IGST), taxes subsumed under GST, exclusions from GST, laws governing GST, and the GST council. It also explains important aspects like the administration of GST, levy and collection of tax, the concept of supply which is the taxable event, and import of services under GST.
Key Highlights of the revised model GST LawKaran Puri
The revised Model GST Law addresses several anomalies and inconsistencies in the original draft. Key changes include capping the GST rate at 14% each for central and state taxes and 28% for integrated tax. The definition of capital goods was clarified and securities were excluded from GST. Composition schemes allow small businesses to pay 1-2.5% tax. Imports and exports will be zero-rated, and special industrial areas will continue exemptions until expiration. Other clarifications address the scope of supply and related party transactions. Distinct persons and establishments will be treated separately. Time and place of supply rules were modified, as were transitional provisions and an anti-profiteering mechanism.
Key Highlights of the revised model GST LawKaran Puri
The revised Model GST Law addresses several anomalies and inconsistencies in the original draft. Key changes include capping the GST rate at 14% each for central and state taxes and 28% for integrated tax. The definition of capital goods was clarified and securities were excluded from GST. Composition schemes allow small businesses to pay 1-2.5% tax. Imports and exports will be zero-rated, and special industrial area exemptions will continue until expiration. Other clarifications address the scope of supply and related party transactions. Distinct persons and establishments are defined for registration purposes. Time and place of supply rules as well as valuation and transitional provisions were also modified. An anti-profiteering mechanism was proposed to ensure tax
Key Highlights of the revised model GST LawKaran Puri
The revised Model GST Law addresses several anomalies and inconsistencies in the original draft. Key changes include capping the GST rate at 14% each for central and state taxes and 28% for integrated tax. The definition of capital goods was clarified and securities were excluded from GST. Composition schemes allow small businesses to pay 1-2.5% tax. Imports and exports will be zero-rated, and special industrial areas will continue exemptions until expiration. Other clarifications address the scope of supply and related party transactions. Distinct persons and establishments are defined for registration purposes. Time and place of supply rules as well as valuation and transitional provisions were also modified. An anti-profiteering mechanism was proposed to ensure tax
The document discusses taxation issues related to the conversion of a limited liability company to a limited liability partnership (LLP) in India. It outlines some key conditions under Section 47(xiiib) of the Income Tax Act of 1961 that must be satisfied for the asset transfer during conversion to be exempt from taxation. One such condition is that the total sales of the company in the previous three years cannot exceed Rs. 60 lakhs. However, this is becoming an impediment for larger companies seeking to benefit from converting to an LLP. The document then discusses three potential views on taxation if this Rs. 60 lakh condition is breached.
This document provides an introduction and overview of the Maharashtra Value Added Tax Act of 2002. It discusses key aspects of VAT including:
- VAT is a multi-stage tax system that taxes value added at each stage of production and distribution, allowing tax credits for taxes previously paid.
- The Act replaced the earlier Bombay Sales Tax Act and came into effect on April 1, 2005, establishing the VAT system in Maharashtra.
- Registration is required if annual turnover exceeds Rs. 1 lakh for traders or Rs. 5 lakhs for manufacturers. Importers must register regardless of turnover.
- Goods are classified into Schedules A-E and taxed at rates from 0-20% depending
The document summarizes key aspects of India's proposed Goods and Services Tax (GST) model law. It outlines 18 essential features of the law, including that it will levy tax on the supply of goods and services, define taxable persons and businesses, determine the time and value of taxable supplies, provide for input tax credits, registration requirements, tax returns, payments, and transitional provisions for existing taxes. The model law aims to simplify India's tax regime by introducing uniform GST across states to replace existing indirect taxes.
This chapter provides information necessary to allow to deeply understand the concepts of Taxable supplies. Which is very necessary to understand the following chapters and perform efficiently as an accountant in UAE. Chapter compresses maximum information on taxable supplies, deemed supplies and Executive Regulations articles discussing these topics along with illustrations and practical scenarios.
S&A Knowledge Series - Sec 50C implications under income tax actDhruv Seth
Please find attached a writeup on Sec 50C of the Income Tax Act, 1961 with the latest amendments of the Finance Act 2020.
Sec 50C deals with the deemed income under the Income Tax Act in case of the difference between actual sale value and the defined circle rate value. This section applies only to capital gains and not to business assets such as closing stock.
This document provides an overview of the Goods and Services Tax (GST) in India. It defines GST as a comprehensive tax on the manufacture, sale, and consumption of goods and services applied at the national level. The document discusses the need for GST to replace existing multiple tax structures and integrate various taxes to allow for full input tax credits. It outlines the justification for GST at both the central and state levels. The document also covers the key features and benefits of GST, including the types of taxes subsumed under GST, registration requirements, taxable supplies, input tax credits, and returns.
This presentation briefly gives an overview of the implications of GST on E Comm Operator and Job Work. Kindly follow me for the latest update on the topic.
"SUPPLY OF GOODS & SERVICES IN GST" WRITTEN BY MAYANK SINGHMAYANK SINGH
The document discusses various transitional provisions under Section 142 of the CGST Act relating to the implementation of GST in India. Some key points covered include:
1) Taxpayers can claim input tax credit for excise/VAT paid on stock held as of the appointed GST date, subject to conditions.
2) Goods sent for job work prior to GST can be returned within 6 months without tax, or up to 8 months with tax payment.
3) Price revisions after GST introduction require supplementary invoices/credit notes within 30 days.
4) Existing contracts remain taxable under GST rules. Refunds are dealt with under prior tax laws.
This document discusses various statutory registrations required for sole proprietorships and partnerships in India. It outlines key registrations including: PAN (permanent account number), TAN (tax deduction and collection account number), VAT/CST (value added tax/central sales tax), professional tax, IEC code (import-export code), central excise, and service tax. The registrations are required under various acts and apply to businesses based on factors like location, turnover amount, goods/services offered. The overview is meant to guide entrepreneurs but not provide legal advice, as professionals should be consulted on compliance with the specific rules.
GAZT VAT guide on Financial Services - EnglishFarhan Osman
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Vat return review and refund application in uaeRishalHalid1
We provide VAT return review services in UAE as a part of Tax Agent services or consultants services where filing of accurate return on timely basis will be ensured.
The purpose of this chapter is to outline the guidance surrounding the requirement to issue a tax invoice. A tax invoice is a written paper or electronic document which records the details of a taxable supply which has been made. The issue of a valid tax invoice is important for suppliers as it may be used to dictate the date of supply, and therefore determines the tax period in which the output tax should be accounted for.
The receipt of a valid tax invoice is important for recipients of supplies as it is the primary documentary evidence used to support the recovery of VAT incurred as input tax.
vat implementing regulations for public consultationSwamy Nlnj
The Saudi Arabian Tax Authority has released draft VAT implementing regulations for public consultation, with VAT to be implemented on January 1, 2018. The standard VAT rate will be wide in scope with few exemptions. Key provisions in the draft regulations include registration requirements, VAT grouping rules, taxable financial services, exemptions for residential leasing and medical supplies, rules for government entities, and documentation requirements for invoices, returns, and record keeping. Businesses should assess the VAT impact and prepare compliance plans across key areas like finance, supply chain, and IT systems.
These amendments redefine the scope and administration of the Economic Substance regime in the UAE, subject to a retrospective effect from 1st January 2019.
Checklist on GST Audit step by step guide on how to conduct GST Audit. Main emphasis on
1. Approaching Audit place
2. Checking Invoice
3. Input Tax Credit
4. Time of Supply
etc...
IFRS-15 Updated(Amendment in 2020) .pptxarifnizam4
IFRS 15 establishes principles for reporting useful information to users of financial statements about the nature, amount, timing and uncertainty of revenue and cash flows arising from a contract with a customer. The standard introduces a five-step model for revenue recognition: 1) identify the contract, 2) identify separate performance obligations, 3) determine the transaction price, 4) allocate the transaction price, 5) recognize revenue when performance obligations are satisfied. Revenue is recognized when control of goods or services is transferred to the customer. The amount recognized is the amount allocated to the satisfied performance obligation.
If you are a GST payer and have not claimed your GST refund. We can help, We are GST Refund consultants in delhi of GST and know how to get your refund quickly. You can use our services to claim your gst return.
Service tax registration in india by legal raastaLegal Raasta
Service Tax registration in India involves filing Form ST-1 in duplicate along with a copy of the PAN card and proof of address. A person liable for paying Service Tax must register within 30 days of becoming liable or a new taxable service coming into effect. Registration involves assigning a Service Tax Code based on the PAN number. The registration certificate will be granted within 7 days normally. A fresh registration is needed if ownership of the business is transferred to another person.
VAT driven local purchases
Cost driven CST purchases
Duty burden on imports
Complex State Laws
Ever changing tax landscape
Different decisions on the same issue
Border controls
The document discusses key principles from case law on the transfer of a business as a going concern (TOGC) for VAT purposes:
- For a TOGC, assets must constitute an undertaking capable of independent economic activity, not just a transfer of assets.
- The nature of the transaction is based on an overall assessment of intentions and economic activity to be continued.
- The transferee must intend to operate the business transferred, not immediately liquidate it.
- Succession to the business is a consequence, not requirement, which allows continuing the economic activity.
Virtual companies can conduct selected professional activities that include services related to printing and advertising; computer programming, consultancy and related activities; and design activitie
Excise Tax in UAE – Scope Expansion.pdfFiyona Nourin
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Similar to VAT Transfer of a Business as a Going Concern.pdf
This document provides an introduction and overview of the Maharashtra Value Added Tax Act of 2002. It discusses key aspects of VAT including:
- VAT is a multi-stage tax system that taxes value added at each stage of production and distribution, allowing tax credits for taxes previously paid.
- The Act replaced the earlier Bombay Sales Tax Act and came into effect on April 1, 2005, establishing the VAT system in Maharashtra.
- Registration is required if annual turnover exceeds Rs. 1 lakh for traders or Rs. 5 lakhs for manufacturers. Importers must register regardless of turnover.
- Goods are classified into Schedules A-E and taxed at rates from 0-20% depending
The document summarizes key aspects of India's proposed Goods and Services Tax (GST) model law. It outlines 18 essential features of the law, including that it will levy tax on the supply of goods and services, define taxable persons and businesses, determine the time and value of taxable supplies, provide for input tax credits, registration requirements, tax returns, payments, and transitional provisions for existing taxes. The model law aims to simplify India's tax regime by introducing uniform GST across states to replace existing indirect taxes.
This chapter provides information necessary to allow to deeply understand the concepts of Taxable supplies. Which is very necessary to understand the following chapters and perform efficiently as an accountant in UAE. Chapter compresses maximum information on taxable supplies, deemed supplies and Executive Regulations articles discussing these topics along with illustrations and practical scenarios.
S&A Knowledge Series - Sec 50C implications under income tax actDhruv Seth
Please find attached a writeup on Sec 50C of the Income Tax Act, 1961 with the latest amendments of the Finance Act 2020.
Sec 50C deals with the deemed income under the Income Tax Act in case of the difference between actual sale value and the defined circle rate value. This section applies only to capital gains and not to business assets such as closing stock.
This document provides an overview of the Goods and Services Tax (GST) in India. It defines GST as a comprehensive tax on the manufacture, sale, and consumption of goods and services applied at the national level. The document discusses the need for GST to replace existing multiple tax structures and integrate various taxes to allow for full input tax credits. It outlines the justification for GST at both the central and state levels. The document also covers the key features and benefits of GST, including the types of taxes subsumed under GST, registration requirements, taxable supplies, input tax credits, and returns.
This presentation briefly gives an overview of the implications of GST on E Comm Operator and Job Work. Kindly follow me for the latest update on the topic.
"SUPPLY OF GOODS & SERVICES IN GST" WRITTEN BY MAYANK SINGHMAYANK SINGH
The document discusses various transitional provisions under Section 142 of the CGST Act relating to the implementation of GST in India. Some key points covered include:
1) Taxpayers can claim input tax credit for excise/VAT paid on stock held as of the appointed GST date, subject to conditions.
2) Goods sent for job work prior to GST can be returned within 6 months without tax, or up to 8 months with tax payment.
3) Price revisions after GST introduction require supplementary invoices/credit notes within 30 days.
4) Existing contracts remain taxable under GST rules. Refunds are dealt with under prior tax laws.
This document discusses various statutory registrations required for sole proprietorships and partnerships in India. It outlines key registrations including: PAN (permanent account number), TAN (tax deduction and collection account number), VAT/CST (value added tax/central sales tax), professional tax, IEC code (import-export code), central excise, and service tax. The registrations are required under various acts and apply to businesses based on factors like location, turnover amount, goods/services offered. The overview is meant to guide entrepreneurs but not provide legal advice, as professionals should be consulted on compliance with the specific rules.
GAZT VAT guide on Financial Services - EnglishFarhan Osman
This guideline is directed for businesses involved in the Financial Services sector, including commercial banks, insurers, asset financing companies; or any business that provides financial services as part of its overall activities.
Vat return review and refund application in uaeRishalHalid1
We provide VAT return review services in UAE as a part of Tax Agent services or consultants services where filing of accurate return on timely basis will be ensured.
The purpose of this chapter is to outline the guidance surrounding the requirement to issue a tax invoice. A tax invoice is a written paper or electronic document which records the details of a taxable supply which has been made. The issue of a valid tax invoice is important for suppliers as it may be used to dictate the date of supply, and therefore determines the tax period in which the output tax should be accounted for.
The receipt of a valid tax invoice is important for recipients of supplies as it is the primary documentary evidence used to support the recovery of VAT incurred as input tax.
vat implementing regulations for public consultationSwamy Nlnj
The Saudi Arabian Tax Authority has released draft VAT implementing regulations for public consultation, with VAT to be implemented on January 1, 2018. The standard VAT rate will be wide in scope with few exemptions. Key provisions in the draft regulations include registration requirements, VAT grouping rules, taxable financial services, exemptions for residential leasing and medical supplies, rules for government entities, and documentation requirements for invoices, returns, and record keeping. Businesses should assess the VAT impact and prepare compliance plans across key areas like finance, supply chain, and IT systems.
These amendments redefine the scope and administration of the Economic Substance regime in the UAE, subject to a retrospective effect from 1st January 2019.
Checklist on GST Audit step by step guide on how to conduct GST Audit. Main emphasis on
1. Approaching Audit place
2. Checking Invoice
3. Input Tax Credit
4. Time of Supply
etc...
IFRS-15 Updated(Amendment in 2020) .pptxarifnizam4
IFRS 15 establishes principles for reporting useful information to users of financial statements about the nature, amount, timing and uncertainty of revenue and cash flows arising from a contract with a customer. The standard introduces a five-step model for revenue recognition: 1) identify the contract, 2) identify separate performance obligations, 3) determine the transaction price, 4) allocate the transaction price, 5) recognize revenue when performance obligations are satisfied. Revenue is recognized when control of goods or services is transferred to the customer. The amount recognized is the amount allocated to the satisfied performance obligation.
If you are a GST payer and have not claimed your GST refund. We can help, We are GST Refund consultants in delhi of GST and know how to get your refund quickly. You can use our services to claim your gst return.
Service tax registration in india by legal raastaLegal Raasta
Service Tax registration in India involves filing Form ST-1 in duplicate along with a copy of the PAN card and proof of address. A person liable for paying Service Tax must register within 30 days of becoming liable or a new taxable service coming into effect. Registration involves assigning a Service Tax Code based on the PAN number. The registration certificate will be granted within 7 days normally. A fresh registration is needed if ownership of the business is transferred to another person.
VAT driven local purchases
Cost driven CST purchases
Duty burden on imports
Complex State Laws
Ever changing tax landscape
Different decisions on the same issue
Border controls
The document discusses key principles from case law on the transfer of a business as a going concern (TOGC) for VAT purposes:
- For a TOGC, assets must constitute an undertaking capable of independent economic activity, not just a transfer of assets.
- The nature of the transaction is based on an overall assessment of intentions and economic activity to be continued.
- The transferee must intend to operate the business transferred, not immediately liquidate it.
- Succession to the business is a consequence, not requirement, which allows continuing the economic activity.
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[To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
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https://www.oeconsulting.com.sg/training-presentations
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https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
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VAT Transfer of a Business as a Going Concern.pdf
1. VAT: Transfer of a Business as a Going
Concern
Even though it has been quite a while since UAE introduced VAT, new
clarifications keep coming and businesses need to be aware of these. Here
we will discuss in detail about the conditions that have to be met for a transfer
to qualify as a transfer of a going concern.
In accordance with Article 7(2) of the Federal Decree-Law No. (8) of 2017
on Value Added Tax (the “Decree-Law”), the transfer of whole or an
independent part of a business from a person to a taxable person for the
purposes of continuing the business that was transferred is not considered to
be a supply for VAT purposes.
As a consequence of not being a “supply” for VAT purposes, such transfer of
a business, commonly known as a “transfer of business as a going concern”
or a “TOGC”, is not subject to VAT.
For VAT purposes, it is important to distinguish between a normal sale of
assets and a sale of assets as part of TOGC. Normally, a sale of assets by a
taxable person is treated as a taxable supply subject to VAT at the
appropriate rate.
In contrast, where assets are sold as part of a transfer of a business as a
going concern, the transfer is not a supply at all and therefore no VAT is
charged. This treatment applies to a transfer of the business irrespective of
the VAT treatment which would apply to any of the underlying assets that are
being transferred.
For a transfer not to be treated as a supply for VAT purposes, the following
conditions must be met:
2. There must be a transfer of whole or an independent part of a business –
For a transfer to be subject to Article 7 of the Decree-Law, there must be a
transfer of a business, and a mere transfer of assets will not qualify as a TOGC.
The transfer must effectively give the recipient the possession of the whole of a
business, or part of a business where that part is capable of separate operation.
As part of the transfer, all of the goods and services that are necessary for the
continued operation of that business or a part of a business must be supplied to
the recipient.
To qualify as a going concern, the transferred business must be operational
before and at the time of transfer.
The transfer must be made to a taxable person – No requirement for the
supplier to be registered for VAT for a TOGC to take place.
However, the recipient should be registered or obligated to register for VAT.
The recipient intends to continue the business which was transferred – The
final condition in Article 7(2) of the Decree-Law requires that the transfer of the
whole or independent part of the business must be for the “purposes of
continuing the business which was transferred”. It is irrelevant whether the new
owner will operate the transferred business separately from, or as part of, any
other businesses that he is already operating.
Although there is no requirement for the minimum period for which the
transferred business must be operational under the recipient’s ownership, the
intention to continue the business must be genuine. The supplier should
satisfy themselves that the recipient intends to continue the business as a
going concern.
Where the supply has been incorrectly treated as a TOGC, VAT may be
retrospectively due on the supply. The parties should consider the potential
consequences of any such errors when entering into contractual arrangements.
It is mandatory to be updated about all the rules and regulations pertaining
to VAT in UAE, and the best option would be to take the assistance of a VAT
consultancy. HLB HAMT is equipped with a team of experienced VAT
consultants who can help you with the entire VAT compliance process.
3. Get Free Consultation
VAT: Transfer of a Business as a Going
Concern
Level 18, City Tower-2,
Sheikh Zayed Road
PO Box 32665
Dubai – United Arab Emirates. Tel: +971 4 327 7775
E-mail: dubai@hlbhamt.com
www.hlbhamt.com