1. Copyright (c) 2015. Lakshmikumaran & Sridharan / Confidential.
Goods and Services Tax
TaxSutra Conclave | Issues for Discussion
L. Badrinarayanan | Partner
2. Copyright (c) 2015. Lakshmikumaran & Sridharan / Confidential.
Managing GST Transition
When GST is likely to be implemented
Where are we now?
Government
Legislation – Model POT/POPS
IT Infrastructure – GSTN
Trade
Book Keeping – event based to consumption based
Credit Chain Analysis
Supply Chain Impact
LongTermContracts,Salesreturn,WarrantyandAftersale
Australian approach for smooth transition
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Transition Provisions
Treatment for opening credit in the books of accounts on the date of
implementation of GST?
CENVAT ( ED +ST ) and VAT credit closing balance
CST paid goods in-transit :- GST ?
Stock in trade, Work in progress, Raw materials
Credit of all taxes subsumed in GST
Bad debts
Apportionment & Adjustments
Special Time of Supply Rules for transition
Deemed Credit Mechanism
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GSTN:
How GSTN is going to manage GST for the Centre and the States
Insights on Registration
Insights on Payments & Receipts
Insights on Refund
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Revenue Neutral Rate (RNR)
What is RNR?
Proposed RNR @ 27% but FM promises lower rate
Tax on a Common Base
State gains – tax on services
Centre gains – tax on distribution of goods
GST Council
Floor Rates, Band rates, Exemption, Threshold
Implications for MRP
Supply Chain analysis to take care of MRP
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Price: Supply Chain Innovation
Supply & Procurement Costing Impact
CST
VAT on ED
1 % origin based additional tax
Contract re-negotiation to pass on benefit
Price Rationalization: International Approach
Free Market (Canada)
Regulatory (Australia - ACCC)
VAT- benefits not passed on by manufactures: CAG -2010
Streamlining of warehouses
MRP and distribution margin
Sale by Transfer of Document of Title whether Interstate Sale
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E-Commerce
Treatment of Trade Promotion Schemes – Vouchers, Discounts, etc
Treatment for Place of Supply
Insights from BEPS
Managing Inverted Duty Structures – Credit Implications
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IGST: How it Operates
How IGST will operate?
Impact of 1% additional Tax
Credit for IGST
Issues with IGST
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Input Service Distributor
Need for robust ISD Rules
Managing Common Inputs and Input services
Transfer of Credit from one unit to another
Refund of excess credit if no transfer?
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Area Based Exemption
Factory
Excise Exempt Units
Buyer
Current Scenario
Cost : X (No ED)
No credit on inputs
Post GST
Cost : Y (X-input credit) +
27 +1 (IGST + 1%)
Customer
Tax refund from Govt.
(27 – IGST)
• GST: input credits available and output taxable
• Refund scheme for existing units
• Working capital increase for buyer
• Contract re-negotiation to pass on benefit
• Anti-forestalling measures in Transition
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Credit Issues
Credit is sacrosanct for GST System to work
Accumulated / unutilized credit :- EU Approach (Refund)
Apportionment & adjustments
Credit on equipment or inputs lying in stock on which no credit has been taken
VAT /Carousel Fraud: collected but not deposited
Who should suffer – the innocent customer or the duped Government?
Mahalaxmi Cotton 2012 (51) VST 1 (Bom)
International Approach – ECJ : Optigen, Fulcrum & Bond C-354/03