Gifts up to a value of Rs 50,000/- per year - No GST
Gifts up to a value of Rs 50,000/- per year by an employer to his employee are outside the ambit of GST. However, gifts of value more than Rs 50,000/- made without consideration are subject to GST, when made in the course or furtherance of business.
It is being reported that gifts and perquisites supplied by companies to their employees will be taxed under GST. Gifts upto a value of Rs 50,000/- per year by an employer to his employee are outside the ambit of GST. However, gifts of value more than Rs 50,000/- made without consideration are subject to GST, when made in the course or furtherance of business.
The question arises as to what constitutes a gift. Gift has not been defined in the GST law. In common parlance, gift is made without consideration, is voluntary in nature and is made occasionally. It cannot be demanded as a matter of right by the employee and the employee cannot move a court of law for obtaining a gift.
Another issue is the taxation of perquisites. It is pertinent to point out here that the services by an employee to the employer in the course of or in relation to his employment is outside the scope of GST (neither supply of goods or supply of services). It follows therefrom that supply by the employer to the employee in terms of contractual agreement entered into between the employer and the employee, will not be subjected to GST. Further, the Input Tax Credit (ITC) Scheme under GST does not allow ITC of membership of a club, health and fitness centre [section 17 (5) (b) (ii)]. It follows, therefore, that if such services are provided free of charge to all the employees by the employer then the same will not be subjected to GST, provided appropriate GST was paid when procured by the employer. The same would hold true for free housing to the employees, when the same is provided in terms of the contract between the employer and employee and is part and parcel of the cost-to-company (C2C).
The question arises as to what constitutes a gift. Gift has not been defined in the GST law. In common parlance, gift is made without consideration, is voluntary in nature and is made occasionally. It cannot be demanded as a matter of right by the employee and the employee cannot move a court of law for obtaining a gift.
Another issue is the taxation of perquisites. It is pertinent to point out here that the services by an employee to the employer in the course of or in relation to his employment is outside the scope of GST (neither supply of goods or supply of services). It follows therefrom that supply by the employer to the employee in terms of contractual agreement entered into between the employer and the employee, will not be subjected to GST. Further, the Input Tax Credit (ITC) Scheme under GST does not allow ITC of membership of a club, health and fitness centre [section 17 (5) (b) (ii)]. It follows, therefore, that if such services are provided free of charge to all the employees by the employer then the same will not be subjected to GST, provided appropriate GST was paid when procured by the employer. The same would hold true for free housing to the employees, when the same is provided in terms of the contract between the employer and employee and is part and parcel of the cost-to-company (C2C).
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FM launches a new tax payer service module ‘Aaykar Setu’ that compiles various tax tools, live chat facility, dynamic updates, and important links to various processes within the Income Tax Department in a single module;
Says that this e-initiative would not only provide better taxpayer services but would also help in reducing the direct physical interface between assesses and tax assessing authorities.
Says that this e-initiative would not only provide better taxpayer services but would also help in reducing the direct physical interface between assesses and tax assessing authorities.
A new tax payer service module ‘Aaykar Setu’, was launched here today by the Union Finance Minister, Shri Arun Jaitley. To enhance mobile access experience, a mobile responsive android version was also released along with the desktop version. Shri Jaitley stressed on the Government’s commitment towards continuously upgrading tax payer services. He said that this e-initiative would help in reducing physical interface between assesses and tax assessing authorities and thereby minimizing the chances of any tax harassment.
The new step is an effort by the Income Tax Department (ITD) to directly communicate with the taxpayers, on a range of multiple informative and useful tax services aimed at providing tax information at their fingertips. The module compiles various tax tools, live chat facility, dynamic updates, and important links to various processes within the Income Tax Department in a single module. The tax payers will also be able to receive regular updates regarding important tax dates, forms and notifications on mobile numbers registered with the ITD.
All taxpayers who wish to receive such SMS alerts are advised to register their mobile numbers in the Aaykar Setu module.
The Central Board of Direct Taxes (CBDT) constantly endeavours to provide better taxpayer services and reduce taxpayer grievances. New schemes and e-initiatives to educate the taxpayers and deliver tax payer services in an effective manner are key to this effort.
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GST rate for Sanitary Napkins
There are some remarks made by various column writers on GST rate on sanitary napkins. It may be mentioned that the tax incidence on this item before and after GST is the same or less.
Sanitary napkins are classifiable under heading 9619. In pre-GST, they attracted concessional excise duty of 6% and 5% VAT and, the pre-GST estimated total tax incidence on sanitary napkins was 13.68%. Therefore, 12% GST rate had been provided for sanitary napkin.
Major raw materials for manufacture of sanitary napkins and applicable GST rates on them are as under:
a) 18% GST rate
o Super Absorbent Polymer
o Poly Ethylene Film
o Glue
o LLDPE– Packing Cover
b) 12% GST rate
o Thermo Bonded Non-woven
o Release Paper
o Wood Pulp
As raw materials for manufacture of sanitary napkins attract GST of 18% of 12%, even with 12% GST on sanitary napkins, there in an inversion in the GST structure. Though, within the existing GST law such accumulated ITC will be refunded, it will have associated financial costs [interest burden] and administrative cost, putting them at a dis-advantage vis-Ã -vis imports, which will also attract 12% IGST on their imports, with no additional financial costs on account of fund blockage and associated administrative cost of refunds.
If the GST rate on sanitary napkins were to be reduced from 12% to 5%, it will further accentuate the tax inversion and result in even higher accumulated ITC, with correspondingly higher finical costs on account of fund blockage and associated administrative cost of refunds, putting domestic manufacturers at even greater dis-advantage vis-Ã -vis imports.
Reducing the GST rate on sanitary napkins to Nil, will however, result in complete denial of ITC to domestic manufacturers of sanitary napkins and zero rating imports. This will make domestically manufactured sanitary napkins at a huge dis-advantage vis-Ã -vis imports, which will be zero rated.
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Extension of NPS Fortnight from 11th July, 2017 to 21st July, 2017.
With a view to promote and create awareness about the National Pension System (NPS) and improve the quality of services provided to the subscribers, PFRDA is observing NPS fortnight from 27th June, 2017 to 11th July, 2017 successfully. Keeping in view the demand raised by Government Nodal Offices and also benefits to the NPS subscribers, PFRDA has decided to extend the NPS Service Fortnight from 11th July, 2017 to 21st July 2017. During this extended period also all the nodal offices, Pay and Account Offices and DDOs under the Central and State Governments, Points of Presence/ banks/ aggregators/ banking correspondents etc. will be involved with the acquisition, servicing of NPS subscribers and creating awareness about the National Pension System, in a proactive manner.
NSDL has also developed an exclusive web link i.e. https://npscra.nsdl.co.in/nps.php ,which encapsulates all the information and functionalities related to NPS subscriber, including ‘NPS Mobile App’, which may be instrumental for effective & efficient use of NPS Service Fortnight.
The NPS Mobile APP gives details of Subscribers account online without approaching their respective nodal offices. The Subscriber can access latest account details as is available on the CRA web site using user ID (PRAN) and password. The APP gives better user experience and provides additional functionalities such as
(i) View of current Holdings viz Percentage of Asset allocation among PFMs (Unit , NAV & Amount) & total value of holdings etc.
(ii) Request for Transaction Statement for the year on your email ID.
(iii) Change of contact details like Telephone, Mobile no. and email ID.
(iv) Change of Password / Secret Question
(v) View of Accounts detail viz name, address, associated nodal office and registration no. etc.
(vi) Regeneration of password using secret question.
(vii) View of last 5 contribution transactions carried out
(viii) Processing of voluntary contributions for Tier I as well as Tier II
(ix) Modification of address using Aadhaar authentication
PFRDA has also advised the Central Recordkeeping Agency (CRA/NSDL) and all the nodal offices/ PAOs/ DDOs/PoPs/ Banks etc in this matter for actively assisting the subscribers during this extended period of fortnight.
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