Skip to main content

The GST Clause That may Burden Cos Playing Santa

The popular `buy one get one free' deals stand to lose some of their charm as the proposed goods and services tax (GST) may apply to free articles given away with those purchased.
As per Section 3 of the model GST law that the government has unveiled for stakeholder comments, supplies specified in Schedule I, made without a consideration, are also liable to GST.
This means that the buyer will have to pay GST on the article that comes free, said tax experts, confirming that the provision will impact the popular sales. They called for clarity on the issue as the wider implication is that even free samples given by way of business promotion could attract GST.
“Any form of direct or indirect GST on free supplies could have a significant impact on the sales & marketing spend of companies, specifically those dealing in consumer products,“ said Pratik Jain, national indirect tax leader at PwC.
Prashant Raizada, partner indirect tax at BDO India, said, “The model GST Law does not provide any specific guidance on taxability of free samples issued by an entity to a prospective customer.“
The provision is in line with the prevailing excise duty treatment (excise applies on free supplies as well), but marks a significant deviation from value-added tax (VAT) principles, experts said.
“This emerges from the shifting of taxable event from manufacturesale to supply ,“ said YG Parande, senior adviser, indirect tax, at Deloitte Haskins & Sells LLP.
The government is keen to implement this crucial reform in indirect taxes that would replace multiple state and central taxes with a single GST.
The model law has been endorsed by the empowered committee of state finance ministers.
Experts also pointed out that Entry 5 of Schedule I of the model law covers “supply of goods andor services by a taxable person to another taxable or non-taxable person in the course or furtherance of business“. “On a perusal of the said clause, it seems that free samples may potentially attract levy of GST on the value thereof as determined in terms of the GST Valuation Rules,“ Raizada of BDO said.
The draft law proposes reversal of GST credit attributable to non-taxable or exempt supplies, but it does not say if free goods and supplies would be covered.
“While the GST law clearly lays down that supplies for business promotion without a consideration would be a supply, yet it fails to provide a clarity whether it would be treated as an exempt supply for reversal of credits,“ said Bipin Sapra, partner at EY.
The Economic Times New Delhi,16th June 2016

Comments

Popular posts from this blog

New income tax slab and rates for new tax regime FY 2023-24 (AY 2024-25) announced in Budget 2023

  Basic exemption limit has been hiked to Rs.3 lakh from Rs 2.5 currently under the new income tax regime in Budget 2023. Further, the income tax slabs in the new tax regime has been changed. According to the announcement, 5 income tax slabs will be there in FY 2023-24, from 6 income tax slabs currently. A rebate under Section 87A has been enhanced under the new tax regime; from the current income level of Rs.5 lakh to Rs.7 lakh. Thus, individuals opting for the new income tax regime and having an income up to Rs.7 lakh will not pay any taxes   The income tax slabs under the new income tax regime will now be as follows: Rs 0 to Rs 3 lakh - 0% tax rate Rs 3 lakh to 6 lakh - 5% Rs 6 lakh to 9 lakh - 10% Rs 9 lakh to Rs 12 lakh - 15% Rs 12 lakh to Rs 15 lakh - 20% Above Rs 15 lakh - 30%   The revised Income tax slabs under new tax regime for FY 2023-24 (AY 2024-25)   Income tax slabs under new tax regime Income tax rates under new tax regime O to Rs 3 lakh 0 Rs 3 lakh to Rs 6 lakh 5% Rs 6

Jaitley plans to cut MSME tax rate to 25%

Income tax for companies with annual turnover up to ?50 crore has been reduced to 25% from 30% in order to make Micro, Small and Medium Enterprises (MSME) companies more viable and also to encourage firms to migrate to a company format. This move will benefit 96% or 6.67 lakh of the 6.94 lakh companies filing returns of lower taxation and make MSME sector more competitive as compared with large companies. However, bigger firms have shown their disappointment since the proposal for reducing tax rates was to make Indian firms competitive globally and it is the large firms that are competing globally. The Finance Minister foregone revenue estimate of Rs 7,200 crore per annum for this for this measure. Besides, the Finance Minister refrained from removing or reducing Minimum Alternate Tax (MAT), a popular demand from India Inc., but provided a higher period of 15 years for carry forward of future credit claims, instead of the existing 10-year period. “It is not practical to rem

Don't forget to verify your income tax return in August: Here's the process

  An ITR return needs to be verified within 120 days of filing of tax return. Now that you have filed your income tax return, remember to verify it because your return filing process is not complete unless you do so. The CBDT has reduced the time limit of ITR verification to 30 days (from 120 days) from the date of return submission. The new rule is applicable for the returns filed online on or after 1st August 2022. E-verification is the most convenient and instant method for verifying your ITR. However, if you prefer not to e-verify, you have the option to verify it by sending a physical copy of the ITR-V. Taxpayers who filed returns by July 31, 2023 but forget to verify their tax returns, will get the following email from the tax department, as per ClearTax. If your ITR is not verified within 30 days of e-filing, it will be considered invalid, and may be liable to pay a Late Fee. Aadhaar OTP | EVC through bank account | EVC through Demat account | Sending duly signed ITR-V through s