Wednesday, 3 August 2016

GST Bill tabled in Rajya Sabha but a long road ahead -The Total Investment & Insurance Solutions

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3rd Aug 2016

On 3 August 2016, union finance minister Arun Jaitely tabled the Goods and Services Tax (GST) bill in Rajya Sabha. The GST will replace a patchwork of central and state levies on goods and services and will bring multiple taxes on goods and services and bring them under one rate. Once passed, the GST is expected to be the most significant tax reform since Independence. However, the passage of the GST Constitution Amendment Bill is just one milestone and lot will depend on its implementation.

Rohit Jain, Partner, Economic Laws Practice says that “though the passage of the Constitution Amendment Bill through the Rajya Sabha is one of the milestone moments for the introduction of GST. Thereafter, there is still a lot of ground to cover.” According to Jain, the government will need to take in to account stakeholder comments, formation of the GST Council, evolving the GST Network (GSTN) which will form the IT backbone and to ensure that there is breathing room for industry to prepare for the transition.  The Total Investment & Insurance Solutions

The actual GST rate will be decided over the next few months in consultation with state governments; it will then be brought for review to parliament in separate legislation. A GST Council combining representatives of the Centre with state governments, with decision-making powers skewed towards them will decide on the tax rate to be submitted to parliament for its review. Therefore, according to Mr Jain, an April 2017 deadline would therefore be challenging – realistically, the date may be closer to July or October 2017.  The Total Investment & Insurance Solutions

According to news reports, The National Institute of Public Finance and Policy (NIPFP) favoured a standard GST rate in the range of 23-25%. In December 2015, a committee headed by the chief economic adviser Dr Arvind Subramanian on ‘Possible Tax rates under GST’ recommended that lower rates be kept around 12% (Centre plus states) with standard rates varying between 17% and 18%. On the revenue neutral rate, the Committee’s view was that the range should between 15% and 15.5% (Centre and states combined) but with a preference for the lower end of that range based on the analysis in this report.

The Central levies which would be subsumed under GST are Central Excise Duty, Service Tax, Countervailing Duty (CVD) on imports, Special Additional Duty (SAD) on imports, Surcharges and Cesses. The State levies which would be subsumed under GST are VAT / Sales Tax, Luxury Tax, Taxes on Lottery, Betting and Gambling, Entertainment Tax, Entry Tax (not in lieu of Octroi), State Surcharges and Cesses.  The Total Investment & Insurance Solutions


The GST bill will cover taxes like central excise duty, state-level taxes like, VAT or sales tax, entertainment tax, entry tax, purchase tax, luxury tax and octroi. The reform will create uniformity in taxes across states, increasing efficiency & compliance. The Rajya Sabha appears ready to approve an amendment to the constitution that gives the government new taxation powers.  The Total Investment & Insurance Solutions

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