Tax burden for manufacturing startups: Gauging impact of GST
Summary
The impact of GST has been positive and day-to-day issues arising in GST compliance are pro-actively resolved by the government.
The revolutionary year 2015 that bought “Make in India Campaign” to light gave birth to startup culture in India. This design promoted in-house employment opportunities and now start-ups contribute substantially to the economic development of India. Data shows a notable increase in the number of start-ups that have been established in India since the last decade and international investors have also moved their investments to Indian startups. However, India is still far behind many other countries in making the manufacturing sector a key contributor to its GDP.
As per the report from the Ministry of Statistics and Programme Implementation dated January 4th, 2021, the manufacturing sector in India contributes a mere 15.13 percent to the overall GDP. However, the potential to make this a high-growth and high-GDP sector is huge. The “Make in India” campaign by the government of India makes this possibility real by giving stimulus to the sector through various measures including various tax reforms.
GST was introduced in the year 2017. This has led to a dynamic shift from the existing indirect tax structure to the GST regime which was a major challenge for our blooming start-ups. It had a huge impact on the administration of start-ups in the manufacturing industry and bought various compliance challenges in this sector. It has been seen that the introduction of GST has both positive and negative impacts. During the initial phase of its implementation, there were several issues like delay in sanctioning refunds, non-clarity on tax return formats, the new hurdle of input tax credit matching, etc.
GST was introduced as a simple tax system, however, the various reporting requirements placed a huge compliance burden on these small and medium segment enterprises. Further, SMEs which were dependent on imported raw material faced the issue of inverted duty structure thus accumulating credit and although the refund mechanism was prescribed under GST due to the non-availability of an online system in place and human intervention, the refunds got delayed.
A very common practice followed by manufacturing startups is job work. GST allows the movement of goods from manufacturer to job worker without payment of taxes. However, if the same is not returned to the manufacturer post-processing within the stipulated period, there is a boomeranging provision of levy of taxes retrospectively from the original date of removal of inputs/goods for job work along with the interest at 18 percent. Power has been given to the Commissioner for further extension for one year/two years on sufficient cause being shown. However, practically it is very difficult to get this extension as there are no specified guidelines prescribed for the same.
Although, the introduction of GST has eased various compliances as compared to previous multiple taxes like Central Excise, Central Service Tax, VAT laws etc, however, if we come to the turnover limit for registration under excise laws and GST, it is noted that there is a huge difference. Previously, in excise law registration was compulsory if the turnover for the previous year exceeded Rs 1.50 crore, however, under the GST law the limit was reduced to Rs 0.40 crore. This has led to an increased compliance burden on smaller manufacturing start-ups.
As per GST law, units under the same PAN having a place of business in different states shall be registered as a separate entity and thus any stock transfer from GSTIN in one state to GSTIN in another state having common PAN shall be treated as a taxable sale and thus GST liability has to be discharged on the same. This has led to additional working capital requirements and further in order to avoid payment of stock transfers now manufacturing units have to stock up their inputs and raw material at each unit which shall lead to increased warehousing and storage cost.
Startups being new businesses cannot afford experts who can analyse and state them whether paying taxes on stock transfer shall be a more economically feasible option in comparison to bearing storage and warehousing cost at each registration in different states in long run. Stock transfers also bring additional e-way compliances. However post introduction of GST, the need for entry tax, Octroi and other similar taxes have vanished which were added to the final cost of goods.
While GST has brought additional working capital requirements on new manufacturing startups, it has helped in the reduction of manufacturing costs of start-ups on account of seamless flow of credit across India. It is evident that costs have reduced on account of the availability of ITC for inputs, input services and capital goods as well. Certain state taxes paid on NON-GST products like Petrol and Diesel still add to transportation costs as they are currently outside the purview of GST. The government may in the future cover Petrol and Diesel as taxable under GST and shall be beneficial to these startups.
GST regime has bought a paradigm shift in the supply chain management of the economy. Unlike earlier laws which required taxpayers to manage warehouses based on arbitrage between various VAT rates across states, presently under GST same rate for each product has changed the picture of warehouse management.
In view of providing relief from compliance and reduce the tax burden on new startups, the government has introduced the Composition Scheme, which covers small taxpayers whose turnover for the preceding year does not exceed Rs 1.50 crore. Taxpayers opting for Composition Levy are neither eligible to take input tax credit nor do they can collect any tax from the recipient and hence they cannot issue Tax invoices as well. If we analyse market position, taxpayers opting for Composition Scheme find it difficult to grab B2B business opportunities as they cannot pass on ITC, thus registered taxpayers will not be interested in conducting business with them.
Thus, they are more inclined towards taking the normal registration. However, the restriction imposed on claiming ITC to the proportionate of the total ITC pertaining to transactions reported by the supplier within the due date has not only increased the burden of preparing the reconciliations on monthly basis, it has also impacted the promised free flow of credit to these genuine start-ups.
To conclude, manufacturing startups now have to comply with one indirect tax regulation i.e. GST as compared to multiple tax laws earlier. The impact of GST has been positive and day-to-day issues arising in GST compliance are pro-actively resolved by the government, which helps assesse to comply with the provisions of laws actively. The government has also introduced a GST practitioner facility online, where one can search for GST expert and queries on the tax gets resolved.
Further, the refund process has also been made online. There have been various reforms announced in the budget with respect to customs duties and import duties forming part of the cost structure of manufacturing units and such measures taken by the government are expected to give a boost to the startup manufacturing units.
—The author, Rajat Mohan is a Senior Partner at AMRG & Associates. Views expressed are personal
Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout
3 Mins Read
Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter