VALUE ADDED TAX (VAT)
In the old sales tax structure, there
were problems of double taxation of commodities and multiplicity of taxes,
resulting in a cascading tax burden. For instance, in the old structure before
a commodity is produced , inputs are first taxed, and then after the commodity
is produced with input tax load, output is taxed again. This results an unfair
double taxation with cascading effects.
The
VAT not only provides full set off for input tax as well as tax on previous
purchases, but it also abolishes the burden of several other taxes, such as turnover
tax, surcharge on sales tax, additional surcharge, special additional tax, etc.
In addition, Central Sales Tax is also going to be phased out. As a result, the
overall tax burden will be rationalized and prices, in general, will fall.
Moreover, VAT has replaced the existing system of inspection by a system of
built-in self-assessment by traders and manufacturers. The tax structure has
become simple and more transparent. This will significantly improve tax
compliance and will also help increase revenue growth.
VAT is
based on the value addition to the goods, and the related VAT liability of the
dealer is calculated by deducting input tax credit from tax collected on sales
during the payment period. The essence of VAT is in providing set off for the
tax paid earlier, and this is given effect through the concept of input tax
credit / rebate. This input tax credit in relation to any period means setting
off the amount of input tax by a registered dealer against the amount of his
output tax. In the old sales tax structure in several states, multiplicities of
taxes (such as turnover tax, surcharge on sales tax, additional surcharge etc.)
were imposed. With introduction of VAT these other taxes will be abolished.
As
commonly levied, the value added tax constitutes a method of taxing final
consumer spending in the economy by installments or in stages. The method
consists of levying a tax on value added to a product or service at each stage
of its production and distribution. For this purpose ‘value added ‘is taken as
the difference the sales and purchases of intermediate products or goods resale
of a business. Like the turnover tax VAT is a multi-stage tax but with the
difference that it is levied on the value added at each stage and not on the
gross turnover of the dealer. This ensures that each input that goes into a
final product is taxed once and only once, and not cumulatively as under a
turnover tax and thus avoids causing cascading associated with turnover taxes.
On the face of it the simplest way to levy a VAT is to tax the value added in a
business process embodied in the difference between a business’s sales and
purchases.
DIFFERENT MODES OF
COMPUTATION OF VAT
“Value Added “ is the difference between sale and
purchase of a business. A straight forward way to compute the base of a VAT for
a given period, say a quarter, is, in the case of a manufacturer, to deduct the
total cost of the inputs used in production from the amount for which the
manufactured goods are sold.
Theoretically, VAT is computed for adopting three
alternative methods. These are 1) Addition method 2) subtraction method 3) tax
credit or Invoice method. These methods can be used to arrive at the VAT
liability.
1)
Addition
method :- This method is based on the identification of value added, which can
be estimated by summation of all elements of value added (i.e. wages, profits,
rent and interest ). This method is known as additional method or income
approach. This is in line with the income method of calculating national
income. The chief drawback of this method is that it does not require matching
of invoices in order to check tax evasion.
2)
Subtraction
method :- The subtraction method estimates value added by means of difference
between outputs and inputs ( i.e. T=output-input ). This is also known as
product approach and has further variants in the way subtraction is attempted
from among (a) direct subtraction method (b) intermediate subtraction method
(c) indirect subtraction method. Direct subtraction method is equivalent to a
business transfer tax whereby tax is levied on the difference between the
aggregate tax exclusive value of sales and aggregate tax – exclusive value of
purchases. Intermediate subtraction method is based on deduction of the
aggregate tax inclusive value of purchases from the aggregate tax-inclusive
value of sales and taxing the difference between them.
3)
Tax
Credit method: - Under the tax credit method, the tax on inputs is deducted
from the tax on the sales to arrive at the VAT payable by the dealer. This
indirect subtraction method entails from deduction of tax on inputs form tax on
sales fro each tax period. (i.e. t (output-t(input) ). This method is also
known as tax credit method or invoice method. In practice, most countries use
this method and employ net consumption VAT.
Administrative procedures which are generally adopted by different States
1. Compulsory issue of tax invoice, cash memo or bill :- The entire design of VAT with input tax credit
is crucially based on documentation of tax invoice, cash memo or bill. Every
registered dealer, having turnover of sales above an amount specified , shall
issue to the purchaser serially numbered tax invoice with the prescribed
particulars. This tax invoice will be signed and dated by the dealer or his
regular employee, showing the required particulars. The dealer shall keep a
counterfoil or duplicate of such tax invoice duly signed and dated. Failure to
comply with the above will attract penalty.
Contents of VAT invoices :- VAT invoice is the most important document under VAT
system. VAT invoice establishes the tax liability of the seller and is the
evidence for claiming input tax credit by the purchaser. VAT invoice is to be
issued only by selling taxable person to the purchasing taxable person.
Generally, VAT invoice contains the following information:-
·
Name
, address, and VAT registration number of the seller.
·
Date
of issue of invoice
·
Mechanically
printed Serial No of the invoice.
·
Quantity
and description of the goods sold.
·
Unit
price and the amount charged (excluding VAT )
·
Amount
of VAT charged.
·
Name,
address and VAT registration number of the purchaser.
·
GR.
No. and name of the transporter ( if any )
·
Signature
of authorized person.
2. Registration, small dealers and composition scheme :- Registration of dealers with gross
annual turnover above specified amount
(say Rs. 5 lakh ) is compulsory. Generally there is a provision for voluntary
registration. Moreover, all dealers under the old system of local sales tax
have been automatically registered under the VAT Act. A new dealer is generally
allowed 30 days time from the date of liability to get registered. Small
dealers with gross annual turnover not exceeding a specified amount (say Rs 5
lakh ) are not generally liable to pay VAT.
Compulsory registration :- If an assessee ( who is otherwise required to get
registration ) fails to obtain registration under the VAT Act, he /it may be
registered compulsorily by the commissioner. Failure to get registered shall
result in attracting default penalty (penalties ) and forfeiture of eligibility
to set off all input tax credit related to the compulsory registration.
Valuation registration :- A dealer ( who is otherwise not eligible for registration )
may also obtain registration if the commissioner is satisfied that the business
of applicant requires registration.
Cancellation of registration :- The registration can be cancelled in the following cases –
a) Discontinuance of business
b) Disposal of business
c) Transfer of business to a new
location or
d) Annual turnover of a manufacturer or
a trader dealing in designated or services falling below the specified amount.
Small dealers with annual
gross turnover not exceeding a specified amount (say Rs 50 lakh ) who are
otherwise liable to pay VAT, shall however have the option for a composition
scheme with payment of tax at a small percentage of gross turnover. The dealers
opting for this composition scheme will not be entitled to input tax credit.
It is generally optional for a
dealer to opt for Composition Scheme. This option can be exercised in writing
for the entire year ( or for a part of the year in which he gets himself
registered ). This option should be intimated to the Commissioner. He is not
required to maintain any statutory records as prescribed. Only the records for
purchase and sale inventory should be maintained.
The advantage of this scheme is that
it saves a lot of labour and effort in keeping records. Further, it simplifies
calculation of tax liability of a dealer. Such scheme generally have the
following salient features –
a) A very small tax is payable.
b) There will be a simple return form to
cover longer return period.
The major disadvantage of this
scheme is that the dealer is not eligible to avail input tax credit. Moreover,
he / it cannot issue tax invoices in order to pass on tax credit to the
purchaser.
The following persons are not
eligible for composition scheme –
a) A manufacturer or a dealer who sells
goods in course of inter-state trade or commerce.
b) A dealer who sells the goods in
course of import into or export out of territory of India.
c) A dealer transferring goods outside
the State otherwise than by way of sale or for execution of works contract.
3) Taxpayer’s identification number ( TIN ) :- The Taxpayer’s identification number
will consist of 11 digit numerals throughout the country. First two characters
will represent the State Code as used by the Union Ministry of Home Affairs,
Government of India (census code ). The set up of the next nine characters may,
however, be different in different States. This will include 2 check digits.
4) A Return :- Under
VAT, simplified form of returns has been notified. Returns are to be filed
monthly / quarterly as specified in the State Acts / Rules, and will be
accompanied with payment challans. Every return furnished by dealers will be
scrutinized expeditiously within prescribed time limit from the date of filing
the return. If any technical mistake is detected on scrutiny, the dealer will
be required to pay the deficit appropriately.
5) Procedure of self- assessment of VAT liability :- The major contribution of VAT is
simplification. VAT liability will be self-assessed by the dealer themselves.
Voluntary return will be submitted after setting off the tax credit. There is
no longer a compulsory assessment at the end of each year was applicable under
the old system. If no specific notice is issued proposing departmental audit of
the books of account of the dealer within a stipulated time, the dealer will be
deemed to have been self-assessed on the basis of returns submitted by him.
6) Audit :- Correctness
of self assessment will be checked through a system of departmental audit. A
certain percentage of the dealers will be taken up for audit every year on a
scientific basis. If, however, evasion is detected on audit, the concerned
dealer may be taken up for audit for previous periods. This Audit Wing will
remain de-linked from tax collection wing to remove any bias. The audit team
will conduct its work in a time bound manner and audit will be completed within
a stipulated period. The audit report will be transparently sent to the dealer
also.
Simultaneously , a cross checking,
computerized system is being worked out on the basis of coordination between
the tax authorities of the State Government and the authorities of central
excise and income tax to compare constantly the tax returns and set off document
of VAT system of the States and those of central excise and income tax. This
comprehensive cross checking system will help reduce tax evasion and also lead
to significant growth of tax revenue. At the same time, by protecting
transparently the interests of tax-complying dealers against the unfair practices
of tax-evaders, the system will also bring in more equal competition in the
sphere of trade and industry.
7) Declaration form:- There will be no need for any provision for concessional sale under the
VAT Act since the provision for set offs makes the input zero-rated. Hence,
there will be no need for declaration
form, which will be a further relief for dealers.
8) Other taxes :-
As mentioned earlier, all other taxes such as turnover tax, surcharge,
additional surcharge and special additional tax (SAT) have been generally
abolished.
9) Penal provision : Penal provisions under VAT are not more stringent than in the sales tax
system.
10 ) In general , all the goods including
declared goods will be covered under
VAT, and will get the benefit of input tax credit. However, there are a few
goods which are outside VAT. Generally, exempted category includes liquor,
lottery tickets, petrol, diesel, aviation turbine fuel and other motor spirit
since their prices are not fully market determined. These will continue to be
taxed under the Sales Tax Act or any other State Act or even by making special
provisions in the VAT Act itself, and with uniform floor rates.
11) VAT rates and classification
commodities:- Under
the VAT system covering about 550 goods, there will be only two basic VAT rates
of 4 percent and 12.5 percent. Moreover, there is a specific category of
tax-exempted goods. Besides, a special VAT rate of 1 percent is applicable only
for gold and silver ornaments, etc. Thus the multiplicity of rates under the
old structure has been omitted.
Exempted category generally includes
natural and unprocessed products in unorganized sector, items which are legally
barred from taxation and items which have social implications, from a list of
goods (finalized by the Empowered Committee formed for the purpose of
introduction of VAT ) which are of local
social importance for the individual States without having any inter-state implication.
12) Records :- The following records should be maintained :-
a) purchase account
b) sales account
c) VAT account
d) separate record of any exempted sale.
13) Stock transfer :- Inter – State stock transfer does not involve sale. Such a
transaction is generally not subject to sales tax. The same position is adopted
by the different State under the VAT regime. Generally, the tax paid on a) inputs used in manufacture of finished
goods which are stock transferred b)
purchase of goods which are stock transferred. Is available as input tax credit
after a retention of 4 percent of such tax by the concerned State.
No comments:
Post a Comment
Note: only a member of this blog may post a comment.