GST India: Impact on Information Technology Sector:
Tax Rate:
With the Revenue Neutral Rate recommended at 15
to 15.5% and the standard rate suggested at 17-18%, IT services will definitely
get taxed at a higher rate than the prevailing Service Tax rate of 14.5%. Thus
prima-facie it appears that cost of IT services would jump, especially for end
customers who do not claim input credit.
With respect to packaged software sales, in most of the states, both VAT (~ 5%) and Service Tax (14.5%) is applied leading to dual taxation with effective rate of tax touching 20% due to tax-on-tax effect. Under GST, this is likely to come down.
Elimination of cascading effect:
IT service providers, under GST would be able to
set-off input GST on purchase of Goods required for setting up the necessary IT
infrastructure with their GST output liabilities. Thus, in the long-run these
benefits would ultimately flow to end users as IT service providers would lower
their costs.
IT software currently attracts Central Excise (for
manufacture of CDs containing software), VAT (for sale of those CDs) and
Service Tax (for selling software in electronically downloadable format). Under
GST this dual taxation and cascading effect would reduce significantly and the
benefits could accrue to end user in the form of lower prices.
Business Process:
GST is a destination based consumption tax, i.e the
tax revenue would accrue to the state government where the services are
consumed. Currently most IT service companies are registered only with the
Central Service Tax authorities and all accounting and billing is done from a
centralized location. Under GST regime, the service provider will be required
to obtain registration for all the states where the customer is located as the
SGST component of IGST has to be accounted for the respective states. IT
service providers would also be required to bifurcate services and bill the
customer state-wise. That is, determination of point of supply using location
based proxies or other mechanism becomes crucial. This is more cumbersome for IT
service provider whose customers have pan-India presence. This brings
additional complexities related to distribution of GST credits (for supplies
procured centrally) to state wise branches. Additionally accounts have to be maintained at each registration (for audit by state authorities) as opposed to centralized accounting followed currently.
Ex: An IT service provider located in Bengaluru
(Karnataka), whose IT servers are hosted in Chennai, Tamil Nadu and providing
services to a pan-India customer.
Since GST is a destination and consumption based tax, any
export of Goods or Service outside the country will not attract output GST.
Thus, IT Service exporters located in STPI will always have Refund claims. Under
GST regime these refund claims for services received would have to be bifurcated
state wise.
(The Opinion expressed are purely personal in nature and do not represent any organization)
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