Thursday, June 15, 2017

GST : Compliance Required w.e.f. 01.07.2017

Friends,   GST is no near to be implemented in India w.e.f. 01.07.2017.  We should aware about the changes to be adopted in GST .  Everyone should go through the GST changes as detailed given below :- 

Pointers to Customers for changes under the Goods and Services Tax (GST) regime
Government is likely to introduce Goods and Services Tax (GST), the biggest indirect tax reform, with effect from 01 July 2017.

1        Change in Tax Structure
Please ensure that the changes in new tax regime (GST regime) are properly understood. Please determine the taxability of various transactions undertaken by you including purchases, sales, credit notes, returns etc. to ensure correct payment of taxes and compliance under GST regime
Highlighted below are a few key aspects:
·         GST would replace certain taxes currently levied by Central Government such as excise duty and certain taxes levied by State Government such as value added tax, central sales tax, entry tax etc. with a dual GST.
·         There will be two components of GST – Central GST (CGST) and State GST (SGST). Both Centre and States will simultaneously levy GST on every supply of goods.
·         In case of local transactions (i.e. within a State), Centre would levy and collect CGST and States would levy and collect SGST.
·         In case of inter-State transactions, Integrated Goods and Services Tax (IGST) will be levied. The IGST would be equal to CGST plus SGST.

2        Determine whether CGST/SGST/IGST needs to be paid:
Please determine whether the supply made by you is a local supply or an interstate supply. Please ensure that CGST/SGST is paid in case of a local supply and IGST is paid in case of an interstate supply.
·         Inter-state supply – Generally, if the movement of goods is from one state to another then it is an interstate supply and will be subject to IGST

·         Local supply – If the movement of goods is within the state then it is a local supply and will be subject to CGST and SGST.
E.g. Goods supplied by supplier from Mumbai to Delhi, it will be interstate supply as supplier is located in Mumbai and delivery is in Delhi (different states).
3        Registration under GST (GSTIN):
Fresh registration under GST would need to be obtained. Please ensure that your current VAT/ CST registrations are migrated to GST or in case of a new registration, a timely application is made alongwith all the supporting documents to obtain the same.
Please note the following in respect of registration.
·         If already registered under earlier law:
-          Would be granted registration on provisional basis and certificate in Form GST REG-25 would be provided.
-          Thus, if you are already registered please make an application in Form GST REG-26 duly signed along with requisite documents
-          Please ensure that the application is correct and complete, so that the certificate of registration with GSTIN in Form GST REG-06 is granted.

·        New Registration (i.e. not registered under earlier law)
-          For the purpose of obtaining new registration, application is to be filed in GST REG-01 online by declaring PAN, mobile number, email address and submitting other documents specified in the said form.
-          On satisfaction certificate of registration with GSTIN in GST REG-06 would be granted.

4        Returns:
Please ensure timely filing of returns. Please ensure that data for the return is available from the IT system
Rules provides for filing the following types of forms:
·         GSTR-1 – For the purposes of furnishing details of outward supplies (10th of next month)
·         GSTR-2 – For the purposes of furnishing details of inward supplies (Details of outward supply furnished by supplier shall be made available electronically to receiver for addition, correction or modifications) (15th of the next month)
·         GSTR-3 – Monthly Return (20th of the next month)
·         GSTR-9 – Annual Return
·         Registered taxable person having aggregate turnover exceeding two crore rupees to get his accounts audited and furnish a copy of audited annual accounts and reconciliation statement duly certified in Form GSTR – 9B

5        IT Infrastructure:
Please update the IT system in order to ensure that all the necessary details required under the GST regime for the purposes of issuing invoice, filing returns etc. are available from the system
·         Please ensure that the various details such as GSTIN number, address of vendor are captured in the system
·         Please ensure that the IT system is integrated with the Goods and Services Tax Network (GSTN)

6        Treatment of Advance:
Please ensure that GST is paid on advance received for supply of goods and services and are reflected in the return separately
·         Under GST, advance receipts for supply of goods/ services, shall be subject to GST.
·         Any advance received by the company shall be treated as inclusive of GST.
·        Rules state that where at the time of receipt of advance,
-          the rate of tax is not determinable, the tax shall be paid at the rate of 18% ;
-          the nature of supply is not determinable, the same shall be treated as inter-State supply.

7        Discounts:
Please ensure that while giving discounts the following aspects are properly taken care.
·         Pre-sale discount would be allowed as a deduction for payment of GST if:
-          The discount is allowed in the course of normal trade practice
-          Such discount is recorded on the invoice

·         Post-sale discount would be allowed as a deduction for payment of GST if:
-          Such discount is known at or before the time of supply
-          The same is specifically linked to the relevant invoice against which the discount is given
-          The same can be established from the agreement
We shall issue a Credit note for such post-sale discounts. You shall be required to issue a corresponding debit note and report the same in the GST returns.  Please note that you would be required to reverse the input tax credit availed by you by the amount of GST mentioned in the credit note.
8        Treatment of sales returns
In case the goods returned by you, we shall issue a credit note on receipt of the goods.  You shall be required to issue a corresponding debit note and report the same in the GST returns.  Please note that you would be required to reverse the input tax credit availed by you at the time of recording your purchases

The debit note should contain the following particulars:
-          the word “Debit Note” indicated prominently;
-          name, address and GSTIN of the supplier;
-          nature of the document;
-          a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters -hyphen or dash and slash symbolised as “-” and “/” respectively,, and any combination thereof, unique for a financial year;
-          date of issue of the document;
-          name, address and GSTIN or UIN, if registered, of the recipient;
-          name and address of the recipient and the address of delivery, along with the name of State and its code, if such recipient is un-registered;
-          serial number and date of the corresponding tax invoice or, as the case may be, bill of supply;
-          value of taxable supply of goods or services, rate of tax and the amount of the tax credited or, as the case may be, debited to the recipient; and
-          signature or digital signature of the supplier or his authorized representative

9        Transition provisions
Please ensure that all the credits of the Current Regime (VAT) are properly captured in the last return i.e. for the period ending 30 June 2017 so that there is no credit loss.
Only eligible input tax credit of VAT availed in current law and reflected in returns filed will be allowed to be carried forward as SGST under the GST regime. Therefore, it is essential to capture the same in the returns filed before the transition date.
In respect of closing stock of goods as on the last date prior to GST implementation:
·         in case you are in possession of a duty paying document such as an excise invoice issued by us, you shall be entitled to transition the duty amount mentioned on such document as CGST under the GST regime. 
·         In case you do not have a duty paying document in your possession, then you shall be eligible for deemed credit subject to the following conditions:
-          Such credit shall be allowed at the rate of 60 per cent of the CGST applicable on supply of such goods after the appointed date in cases where the CGST on such goods attracts 9 per cent or more and in all other cases 40 per cent of the CGST
-          Such credit shall be credited after the CGST payable on such supply has been paid.
-          The scheme shall be available for six tax periods from the appointed date, i.e, stock needs to be sold within 6 months from appointed date
-          such goods were not unconditionally exempt from the whole of the duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 or were not nil rated in the said Schedule.
-          Document for procurement of such goods is available
-          Stock statement in FORM GST TRAN indicating therein the details of supplies of such goods effected during the tax period.(goods sold from the transitional stock)
-          The stock of goods on which the credit is availed is so stored that it can be easily identified by the registered person.
-          The amount of credit allowed shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the Common Portal.
10     Declaration Forms:
All the pending statutory declaration forms should be submitted to the Company immediately; however, not later than 90 days of implementation of GST. 

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