Determining the GST Tax Structure

By CA Varun Nirmal

3 min read

The GST tax structure will bring about a drastic change in current indirect tax system. Currently, tax barriers have created a fragmented Indian market. This has resulted in a cascading effect of taxes on cost which have made indigenous manufacture less profitable. Also, the complex multiple taxes have raised the cost of compliance considerably.

The GST tax structure will comprise of the Central Goods and Services Tax (CGST), State Goods and Services Tax (SGST) and Integrated Goods and Service Tax (IGST). The four slab tiers of the GST tax structure will be 5 per cent, 12 per cent, 18 per cent and 28 per cent. Also, the lower rates will be applicable for the essential items and the highest for luxury and demerit goods. Moreover, these include SUVs, luxury cars and tobacco products. GST may go up to 40 per cent after the GST Council proposed raising the peak rate.

Service tax will increase from its current levels of 14.5 per cent which will be negative for service industries like airlines, telecom and insurance. Currently, FMCGs pay about 24 to 25 per cent on excise duty, VAT and entry tax. Under the GST tax structure, this may be reduced to 18 per cent but at 28 per cent this may disappoint the market. Also, telecom will be affected with a rate of 18 per cent from the current 15 per cent. There will be an additional tax upto 1% to be levied on inter-state supply of goods. Therefore, these goods do not come under VAT and have a no input tax credit.

Central taxes to be absorbed under GST are:

  • Central Excise Duty
  • Additional Excise Duties
  • Service Tax
  • Additional Customs Duty (Countervailing Duty)
  • Special Additional Duty of Customs – 4% (SAD)
  • Central Surcharges and Cesses in the nature of taxes on goods/services like cess on rubber, tea, coffee and national calamity contingent duty

State taxes to be absorbed under GST are:

  • State VAT/Sales tax
  • Entertainment tax
  • Luxury tax
  • Taxes on lottery
  • Betting and gambling
  • Tax on advertisements
  • State cesses
  • Surcharges in the nature of taxes on goods/ services, Octroi and entry tax and purchase tax

Excise and service taxes will be replaced with CGST, Local VAT and other state taxes will be replaced with SGST. CST will be replaced with IGST. Therefore, IGST is the total of CGST and SGST.

shutterstock_470913425

Alcoholic liquor and tobacco will have a separate excise duty in addition to GST. Also, petroleum and petroleum products will continue to be taxed under existing laws and will be a part of the GST on a future date.

GST has the potential to boost India’s GDP by upto 2 per cent and has been remarked as an unprecedented reform in modern global tax history. Taxpayers will not have the burden of multiple compliances under various states. With GST tax structure, there will be a single registration and single return. This will help build and expand upon the Make in India initiative by the Government of India by attracting FDI and reducing costs. Hence, these costs are manufacturing costs in the form of reduced compliance cost and taxes.

Similar to the GST law, the CGST, SGST and UTGST laws will be addressed and strengthened at the levels of the Centre, States and Union Territories. Hence, the centre will introduce the CGST Bill and SGST bill shortly in the Legislative Assemblies.

Central and State officials will determine which goods and services will fall in which tax brackets and will be carried forward to the GST Council for approval. Also, they will decide which goods and services would attract a cess on top of the peak rate. This will compensate states from any revenue lost due to the implementation of GST in the first five years. Moreover, the government looks to roll out GST from 1 July, 2017. Therefore, GST will help in removing trade barriers and facilitate the ease of doing business.

Related Articles:

A Quick Tour of the GST Portal and Enrolment

GST Enrolments Have Begun! Have You Registered Yet?

GST Council: New Tax Rates and Evaluating Who Has Control Over GST

A Guide to GST Registration

Will the GST Change the Way You Do Business? Find out Now

The GST Bill: Will it impact Inflation?

Information may be abridged and therefore incomplete. This document/information does not constitute, and should not be considered a substitute for, legal or financial advice. Each financial situation is different, the advice provided is intended to be general. Please contact your financial or legal advisors for information specific to your situation.

Related Articles

GST impact on Ecommerce in India

E-commerce & GST Given the importance of e-commerce in the nation’s economy,…

Read more

GST Compliance Rating and Why It is Important for You

GST law to rate businesses on their compliance In view of the…

Read more

FAQ – Everything you wanted to know about GST

Our top 10 GST FAQs are here for you, answered by our…

Read more