GST Survey Report - Final
GST Survey Report - Final
TA X
Acknowledgements
This report, prepared by KPMG in India in cooperation with the Confederation of Indian Industries (CII), captures the views and expectations of the trade and industry regarding the implementation of Goods and Services Tax (GST). It also summarises the level of preparedness of the industry and the challenges the industry perceives that it would have to face due to this change. Our foremost thanks go to all the respondents from across India who participated in our online survey. We would like to thank members of the editorial board and other colleagues at KPMG, and also the staff of CII who have helped us in carrying out this survey.
More than
200
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Contents
1 About the methodology
30 %
Trading
Executive summary
13 %
Services
11
21
42 %
Multisector
27
15 %
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2010 KPMG, an Indian Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved.
2010 KPMG, an Indian Partnership and a member firm of the KPMG network of independent member firms
Respondents by industry:
Auto
7%
FMCG
8%
7%
6%
IT & ITES
18%
7%
Telecom
5%
2%
80 % 20 %
Engineering
10%
Financial
8%
Chemical
3%
Others
19%
Respondents by Turnover:
23 % 11 % 12 % 28 % 26 %
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Executive Summary
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Executive Summary
This report, prepared by KPMG in India in cooperation with the CII, seeks to understand and present the responses, suggestions and preparedness of the Indian industry towards the imminent introduction of the GST.
Majority of the respondents are of the opinion that the new tax should be introduced by
April 2011.
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2010 KPMG, an Indian Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved.
GST being perceived as not only a new tax but also a national tax, an overwhelming majority clearly preferred one single common enactment/ law for the Centre and the states, despite the existing constitutional limitations. Further, considering that more than 75 percent of the respondents have presence in more than one state, they obviously see a single common enactment as a solution to the difficulties presently caused by multiple tax laws. Also, the respondents may have perceived that one single enactment may promote synergies of operation/ business. Other probable reasons for this preference could be that:
The opportunity to have one single common law (for Centre
88%
Majority of the respondents prefer having a single GST enactment, both for the Centre and the States
Our comments
The potential benefits of having one single common law for Centre and states are undeniable.
unified market.
1% 11%
constitution
88%
For a single enactment to be in place, all states need to reach a consensus and accept the above position.
One single common central law for Centre and States; One law for Centre and a separate common law for all States; One law for Centre and a different law for each State;
Therefore, a single common law for Centre and states may remain a distant goal. Nevertheless, it would still be possible for all states to have a common law for SGST
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Again an overwhelming majority clearly preferred one single rate for CGST and SGST across India. This primarily reiterates the perception of GST as a national tax as is mentioned in the comment relating to one single law/ enactment for GST. However, in addition to the reasons stated therein, the message that the respondents may intend to convey is that the new tax regime should be uncomplicated and easy to comply with.
77%
Majority of the respondents prefer having one single rate for CGST and SGST across India
Our comments
More than a parity between CGST and SGST rates, perhaps what is more important is to have a simple rate structure. In general, the rate structure should be designed to ensure that there is no inverted duty anomaly, disputes around classification or even a multiplicity of rates. Given the federal structure of the polity and the diversity of the economy, agreement on a single common rate may count as a significant achievement.
1% 22%
77%
The recent suggestions by the Union Finance Minister (FM) to the states to align their rates with the Union rate will go a long way in meeting this aspiration.
One single common rate for CGST and SGST across India; One single rate for CGST and common standard rate for SGST across all States; One single rate for CGST and multiple rates for SGST across all States
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The respondents have perceived that considering the transparency in the new tax regime, a cumulative standard rate between 14 to 16 percent may find consumer acceptance. Today, the burden of indirect tax is well hidden from the consumer as excise duty, central sales tax, octroi, etc become part of the price for the final consumer. Under the new regime, tax will never become a part of the price and the hidden component of tax would become visible. Therefore, the respondents probably feel that a higher rate of tax may trigger consumer resistance.
86%
of the respondents would prefer a cumulative standard rate between 14 to 16 percent
Range
Responses
} 86
100% 80%
14 percent to 16 percent
16 percent to 20 percent
13% 01%
Our comments
Central and the state Governments aim is to earn the same revenue as before even under the new tax regime. In financial year 2007-08, the collection from taxes which are recommended to be subsumed under GST is approximately INR 3,04,954 Crore (for Centre INR 1,68,005 Crore, and for states INR 1,36,949 Crore) [Source: Report of Task Force on Goods and Services Tax, Thirteenth Finance Commission]. The new rate/s have to be decided keeping revenue neutrality as the objective.
13% 0% 14 to 16% 16 to 20% 20% and above 1%
% age of responses
60%
40%
86%
20%
Perhaps, with this objective the FM has hinted at a standard rate of 20 percent on goods (with 12 percent on specified goods) and 16 percent on services. However, having a new rate structure as high as 20 percent may inevtitably lead to additional tax burden on some commodities and on some classes of consumers, and at the same time reduce the burden for some others marginally.
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Taxation of services
Since 1994, the Central Government has been notifying only taxable services. The list of taxable services has been enlarged year after year with more and more services being brought under the tax net. Currently, notified taxable services are widely worded and can be interpreted to cover almost all services offered in business which has lead to interpretation issues and avoidable litigation. This appears to be the reason why majority of the respondents prefer that only exempted services should be notified.
61%
Majority of the respondents prefer that exempted services be notified instead of taxable services
Q4. Should all services be taxed with a separate exempted services list or whether only taxable services be notified as is done today?
Our comments
Internationally, economic activities where the subject matter is not goods are treated as services with a list of certain exempted
39%
services. It would require a change of perception to appreciate that certain contingencies (e.g. non compete fees) may henceforth also constitute service. The practice of notifying only the exempt goods and the goods to be taxed at concessional rate is prevalent for classification of goods under the VAT regime which merits to be extended to services.
61%
All services taxed with the separate exempted services list Only taxable services should be notified
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The responses are mixed and the reasons are not hard to find. Considering that close to 47 percent of the total respondents are from the service sector where stock transfers is really not an issue, it is not surprising that 37 percent of the respondents feel that taxation of stock transfers would have negligible or no impact. Besides, 18 percent of the respondents admit that they have not yet assessed the impact of taxation of stock transfers on their business. Further, the 45 percent respondents who have mentioned that they expect either high or moderate impact are generally from FMCG, Pharma, or Engineering sectors and most of whom are present in more than one state.
45%
of the respondents feel that their business would be impacted on account of taxation of stock transfers
Our comments
Taxation of stock transfer is in effect only a prepayment of tax on output which will primarily impact the working capital requirements. The quantum of impact will vary depending on stock turnaround time at warehouse, credit cycle to customer, quantum of stock transfer, etc. The scenario in the service sector may dramatically change if the intra company supply of services become taxable under GST. It is thus necessary for each business to study this impact individually.
Q5. What will be the implications of taxation of stock transfers on your business?
40% 35%
% age of responses
30% 25% 20% 15% 10% 5% 0% High Impact Moderate Impact Negligible or No Impact Impact not assessed as yet 24% 21% 18% 37%
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Consolidation of operations
One of the important reasons for an organisation to spread its business operations across various states is to minimise the burden of Central Sales tax. Under the new tax regime, tax on inter-state transactions would only be a pass through and therefore, location of a plant/ warehouse/ contract manufacturer would become tax neutral. It would certainly take some time for businesses to assess the cost involved in relocating and the gains that would follow there from. Therefore, close to majority of the respondents may have responded as May be .
44%
of the respondents may consider consolidating their business operations
Q6. Would you consider consolidating your operations (i.e. manufacturing locations/ warehouses/ contract manufacturing/ etc) in light of GST?
Our comments
In addition to cost of relocation, consolidation may present several other challenges with uncertain consequences e.g. re-organisation of the business, HR-related issues, land acquisitions, etc. Respondents are rightly cautious, but they need to start the process early and utilise the lead time to shape up the
% of responses
May be
No
Yes
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Price fixation is critical to the growth of any business. About 55 percent of the respondents have yet to assess the impact of GST on their pricing formulae/ structure. Once there is clarity about the operational impact of GST and finality about the rate structure, then price fixation would become easier.
55%
Majority of the respondents have not yet assessed the impact of GST on the price of goods or services
Q7. Do you believe GST will require revision in prices of your goods or services?
Our comments
In order to gauge the component of tax built into the cost and price of a product or services, businesses first need to decipher their current pricing system. This exercise may require collection of data from within and outside the organisation. Those organisations which restructure their prices early, may gain first player advantage in a competitive market.
55% 22%
9%
14%
Yes, upward price revision Yes, downward price revision No revision necessary Not assessed as yet
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Input tax credit under the GST regime and its impact on profitability
The distinguishing feature of GST is provision of full input tax credit across goods and services, and collection of tax on value added at each stage so that full tax is borne by final consumer. This ensures that tax is always a pass through and that it never becomes part of the cost. For these reasons most of the respondents have stated that introduction of GST will have a positive impact on their profitability. However, nearly one out of six respondents (more than 50 percent of the respondents being from the service sector) did not feel that introduction of GST would impact his profitability. The could be on various counts
They are already enjoying the benefit of substantial input tax
yes
84%
No
16%
Our comments
It was the introduction of MODVAT credit in Central Excise way back in 1986 that first convinced the industry that grant of input tax
Q8. Do you believe that introduction of GST will result in better input tax credits for your business resulting in better profitability?
16%
credit positively affects the profitability. By the year 2004, the excise and service tax reforms were complete and credit was available across purchases of goods and services. The introduction of VAT in the year 2005 reinforced
84%
this conviction by allowing input tax credit of purchases. Under GST, every tax payer will be able to claim credit of all indirect taxes paid on the purchase of goods and services. Apart from the impact on bottom line of
Yes No
businesses, seamless credit would also be beneficial to Government revenues as it has a built in self policing feature and reduces tax slippages.
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Apart from impacting tax cost, GST is also likely to have an impact on the cash flow requirement of business. This would be especially prominent in case of transactions involving supply of goods. Majority of the respondents who have said that there would be negligible impact or have not yet assessed the impact are from the services sector. Further, majority of the respondents who have stated that there would be either substantial or moderate impact have presence in more than one state and deal predominantly in goods.
46%
Close to majority of the respondents feel that higher working capital may get blocked under the new tax
Our comments
The contingencies due to which working capital would be blocked arise primarily on account of GST on imports and on stock transfers, etc. Even in a federal structure with unified GST through proper transaction planning, it may be possible to optimise cash flows.
Q9. Have you assessed the impact of GST on working capital requirements? What will be the extent of the impact? Working capital may be impacted in view of abolition of CST on goods, tax on stock transfers, GST on imports, increase in rate of tax on services, etc.
41% 33%
It may be prudent therefore for businesses to estimate and plan their working capital requirements.
13%
13%
Substantial Impact
Moderate Impact
Negligible or No Impact
Substantial Impact Moderate Impact Negligible or No Impact Impact not assessed as yet
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Mechanism to transfer credit from one State to another should be built into the GST regime or not
There is a near unanimous response that accumulated credit in one state should be allowed to be transferred to another state for utilisation. Further, this response was also expected considering that close to 80 percent of the respondents have presence in more than one state.
95%
Near unanimous response for transfer of excess credit to be allowed from one State to another
Our comments
In India, accumulation of credit becomes an issue in the absence of an appropriate transfer or refund mechanism.
Q10. A tax payer may have accumulated credit in one State and a liability in another State. Therefore, whether a mechanism to transfer credit from one State to another should be built into the GST regime?
5%
The present proposal for GST ensures that the number of refunds are substantially reduced. Unless tax payers are allowed to transfer excess credit from one state to another, they would be forced to claim refunds in some
95%
states and pay taxes in others. This would lead to working capital blockage for the industry. However, for such kind of a proposal there are no international precedents and the industry may have to create a strong case. Hopefully, the proposed IGST mechanism may
Yes No
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Majority of the respondents feel that there would be an impact on their business due to an increase in the rate of tax on services. It appears to be the apprehension of the respondents that increase in the rate of tax on services will mean that a larger amount paid by way of service tax will remain locked up till it is utilised. This would certainly affect the working capital requirements, and could also turnout to be a cost where the output is not within the purview of GST.
78%
Majority of the respondents feel that their business would be impacted due to an increase in the rate of tax on services.
Our comments
Under the current tax regime, the cumulative rate of tax on goods (both of the Centre and the state) is approximately between 20-22 percent. Whereas for services the present rate of tax is only 10.3 percent. If suggestions of the FM is accepted by the states, under the GST regime, services would be taxed at 16 percent which would be higher than the current rate of 10.3 percent. There could be strong consumer resistance in case of services with strong demand elasticity. This could force some sectors to absorb the hike themselves. Depending on how much is passed on or absorbed, it would affect the performance of service sector companies.
Q11. What would be the impact on your business on account of increase in the rate of tax on services?
44% 34%
14% 8% Impact not assessed as yet Negligible or No Impact Moderate Impact Substantial Impact
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66%
Majority of the respondents feel, cash refund would be an adequate substitute for tax benefits
Our comments
The benefits under the present schemes are provided under the respective Sales tax/ VAT Acts. Under the GST regime, to maintain an unbroken chain of tax and credit, units under
Q12. State incentive schemes are likely to be converted to cash refund mechanism. Will this be effective substitute for the present State incentives?
34%
the incentive schemes may have to be treated on par with other normal units which claim input tax credit and pay tax. This could possibly
66%
be done through refund of tax these units would pay. However, the SGST rate suggested by the FM is less than the current standard VAT rate, thus reducing the overall quantum of incentive amount accruing to these units. It must be stressed that many companies made their
Yes No
business plans and built their business models in a state based on a particular state incentive system and VAT regime system. If this regime changes, financial projections of many companies may get skewed. The interests of such units need to be protected by the state Governments through a mutually acceptable mechanism.
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Clearly, the nature of a business dictates the nature of potential challenges. A substantial majority of the service sector businesses feel that IT/ Systems changes will prove to be the biggest challenge during the transition. A majority of the manufacturing businesses are of the opinion that supply chain restructuring is likely to prove to be the main challenge. The number of businesses who feel that product pricing will be their biggest challenge are divided equally between service sector and manufacturing sector.
40%
Close to majority of the respondents feel that IT/ system changes are the biggest challenge
Our comments
Some of the challenges for each category are IT/ Systems perspective
Different compliance requirement;
Q13. Please grade the biggest challenge for your business during the transition to GST regime?
transactions, etc All the above may require realignment of the existing software applications or even development of new applications Supply chain perspective
Sourcing strategies may change on account of a
40%
Deciphering the current product pricing; Impact on product pricing on account of GST; Renegotiations with the customers, etc
Depending on the nature of activities, businesses may have to prioritize their challenges.
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68%
Majority of the respondents feel that it may take not more than four months to get their IT systems reconfigured
Q14. How much time do you think it would take for you to reconfigure your current IT system?
Our comments
In today's businesses, IT systems are an integral part of business processes. Therefore,
time required for reconfiguring IT systems would define the time required for making changes in the business processes. It is necessary that the Government allows 4-6 months (from the date of releasing the legislation) for the industry to tune its IT
33% 21% 11%
Units
20% 35% 15% 10% 5% 0% 1-2 months 3-4 months 4-6 months More than 6 months
systems.
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52%
Majority of the respondents feel that they are 50 percent prepared for the new tax regime
Q15. On a scale of 1 to 10, how would you rate the preparedness of your organization to handle/ face the introduction of GST?
Scale of preparedness
1 3 5 7 9
10
{ {
18%
Source: KPMG in India's GST Survey 2010
52%
2010 KPMG, an Indian Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved.
{
30%
Our comments
The uncertainty about the date of introduction clearly had a role to play. Now that the indicative GST rates are known, it would give fillip to the efforts of businesses to analyse the probable impact. Businesses can, on the basis of information available on public domain carryout a high level assessment of the potential GST impact on business operations. The detailed assessment (as well as preparations) can follow once the draft legislation is released.
It appears that the corporate sector has a time scale in view. More than 75 percent of the respondents feel that the proper date for introduction of GST could be April 2011. In their opinion this would provide adequate time for both the industry and the Government.
52%
Majority of the respondents feel GST should be introduced by April 2011
Q16. Considering the preparation required by the industry and the governments what date do you feel should be the likely date for implementing GST?
100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% April 2011 October 2011 22% 78%
Our comments
The union Finance Minister in his budget speech of 2009-10 spoke of the Central Governments catalytic role in facilitating the introduction of GST, While in his 2010-11 budget speech he stressed his earnest endeavour to introduce GST by April 2011. The target date of 1 April 2011 is achievable and majority of the respondents have settled for this date. The introduction of GST requires setting up of a nation wide IT network, a political consensus, amendments of the constitution and preparation of the new law and procedures with a clear road map and commitment from all concerned. If concrete steps are seen on these fronts in the next few months, the desired date could be achievable.
2010 KPMG, an Indian Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved.
2010 KPMG, an Indian Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved.
2010 KPMG, an Indian Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved.
2010 KPMG, an Indian Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved.
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