GST in India - Impact Assessment & Implementation

34
PROPOSAL FOR GST IMPACT ASSESSMENT & IMPLEMENTATION

Transcript of GST in India - Impact Assessment & Implementation

Page 1: GST in India - Impact Assessment & Implementation

PROPOSAL FOR GST IMPACT ASSESSMENT

&

IMPLEMENTATION

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PROGRESS SO FAR

FEATURES OF GST

BROAD ARCHITECTURE

GST IMPACT AREAS

GSTIN INDIA

PROPOSAL AGENDA

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PROGRES SO FAR

#1CONSTITUTION

AMENDMENT

BILL PASSEDRATIFICATION

BY STATES

PRESIDENT’S

ASSENT

GST

COUNCIL

STATE

SPECIFIC GST

ENACTMENT BY

PARLIAMENT

LAUNCH OF

GSTN

GST

ROLL-OUT

#2

#3

#4

#5

#6

#7

#8

GST implementation from April 2017 a possibility…

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Destination Based Tax

Tax leviable on ‘Supply’

Decentralized registration

Monthly returns for each

registration

Local Supply – CGST plus SGST

& Interstate Supply – IGST

Exports zero rated; Imports

subject to IGST

Three rate structure:

Standard rate - 17~18%

Concessional rate - 12~14%

Demerit rate - 40%

FEATURES OF GST

CGST

IGST IGST

SGST

SGST

CGST

IGST

CGST credit for SGST credit for

IGST credit for

Note: CGST credit not allowed against SGST and vice versa

DECENTRALIZED CREDIT MECHANISM

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BROAD ARCHITECTURE

SEPARATE PLACE OF

PROVISION FOR GOODS &

SERVICES

IGST INPUT TAX CREDIT ALLOWED

STATE WISE REGISTRATION

AND COMPLIANCES

TRANSITIONAL PROVISIONS ON CENVAT

CREDIT, PENDING

LITIGATIONS, ETC.

CONCEPT OF POINT OF TAXATION

INTRODUCED FOR GOODS

AS WELL

INTER-STATE BRANCH

TRANSFERS INCLUDED IN

SUPPLY

INTANGIBLES, ACTIONABLE CLAIMS, ETC.

TO BE TREATED AS SERVICE

FREE OF COST SUPPLIES OF

GOODS/

SERVICE TO BE TAXABLE

GST REVENUE NEUTRAL RATE –YET TO BE PRESCRIBED

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GST IMPACT AREAS

ACCOUNTING

IT SYSTEM

PRODUCT

PRICING

CASH

FLOW

CREDITS LEGAL

CONTRACTS

COMPLIANCESSUPPLY

CHAIN

GST

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UNDERSTANDING BUSINESS &

IMPACT ASSESSMENT

ROAD MAP FOR IMPLEMENTATION

IMPLEMENTATION ASSISTANCE

ON-GOING ASSISTANCE

PROPOSAL

AGENDA

PHASE-1

PHASE-2

PHASE-3

PHASE-4

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UNDERSTANDING THE BUSINESS

PHASE-I

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UNDERSTANDING

THE BUSINESS

Understanding transactions related to all goods;

Understanding the existing supply chain mechanism;

Collating information on current tax compliances including record keeping, documentation, filing of statutory returns and processes followed;

Understating of various locations/ warehouses and product/ services sold/rendered from there;

Understand the processes followed to avail and utilise input tax credits;

Understanding the MIS and other business reports generated by the

IT System;

Understanding the existing tax points;

Understanding outsourcing processes, export incentives, regional duty exemptions and intra-group transactions;

Understanding how existing contracts with clients and vendors are drafted and making note of the tax clauses; and

Finally, mapping the entire business model under the existing tax regime

STAGE I:GAINING KNOWLEDGE OF BUSINESS

I

II

III

IV

The understanding phase will

be in four stages –

1. Gaining knowledge of

business

2.

3.

4.

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UNDERSTANDING

THE BUSINESS

Understanding the taxes charged by the Company under existing regime;

Understanding input

credit system of the business and recording whether the same is done manually or electronically;

Identifying the areas where the Company is paying tax under reverse charge mechanism;

Mapping net tax liability;

Review of check points that determine tax obligations;

Understanding the process of recording,

accumulation and utilization of credits permissible to the Company;

Mapping of taxes which

are currently becoming cost to the Company; and

Understanding the computation procedure followed to determine the existing Indirect tax liabilities

STAGE II:CURRENT TAX STRUCTURE

I

II

III

IV

The understanding phase will

be in four stages –

1.

2. Current Tax Structure

3.

4.

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UNDERSTANDING

THE BUSINESS

Basis understanding of the business (Stage I) and how taxes are paid and credits accumulated (Stage II), the current business model will be extrapolated with scenarios proposed under the model GST law

This activity will assist IBA identify certain areas (mentioned below) that will get impacted by GST:

STAGE III:IMPACT OF GST ON EXISTING BUSINESS MODEL

Margin Analysis

Cash Flow Planning

IT SYSTEMS:

Tax Codes/ Masters

Credit Matching

Sale Invoices

Purchase Orders

CONTRACT RE-NEGOTIATION:

Vendor Contracts Sales Contracts

COMPLIANCES:

Registrations

Returns

Payment of tax

Credit register

Sales reports

Purchase reports

BUSINESS MODEL:

I

II

III

IV

The understanding phase will

be in four stages –

1.

2.

3. Impact of GST on existing

business model

4.

Warehouse Planning

Make vs Buy

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UNDERSTANDING

THE BUSINESS

Study of changes/ notifications introduced in proposed law in light of business process;

Analysis of business-wide impact of such changes;

Performing ‘what if’ for the Company in respect of the overall changes in proposed law; and

Discussions with the management to apprise of the

modifications and consequent impact on the Company

STAGE IV:UPDATING IMPACT ANALYIS BASIS CHANGES

INTRODUCED

I

II

III

IV

The understanding phase will

be in four stages –

1.

2.

3.

4. Up-dation basis changes

introduced

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PHASE-II

PREPARING IMPLEMENTATION &

TRANSITION ROADMAP

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PREPARING IMPLEMENTATION &

TRANSITION ROADMAP

Upon identifying key actionable items requiring transition under the GST,

IBA shall suggest the best possible business model that is both ‘tax

efficient’ and ‘pragmatic’. We shall work closely with various stake-

holders to prepare the ‘implementation and transition roadmap’

I

Basis impact analysis, IBA would assist Company understand the key actionable items requiring transtion under GST;

Meetings with business heads, supply chain team, IT team to help identify the best possible scenarios for Company’s operations/ business divisions;

Basis discussions, IBA will formulate best possible solutions resulting in the most tax efficient model;

Proposed business models will be accompanied with the attached pros and cons;

Proposed business model will be presented to the business heads,

supply chain team, IT team for its feasibility;

Post approval, IBA would prepare a road-map for transition and implementation of the proposed

business model; and

Special focus would be provided to exposure areas to mitigate the risks

I

II

III

IV

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PHASE-III

IMPLEMENTATION ASSISTANCE

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IMPLEMENTATION

The implementation phase

will involve actual ground

level execution of the

actionable items identified

(under Phase II) for

transition under the GST

IV

Operational Assistance

Agreements/Contracts Re-Working

Credit Chain Optimization

IT System Implementation

Final Touch

I

II

III

IV

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OPERATIONAL

ASSISTANCE

The operational assistance shall

be the back-bone for GST

implementation where IBA will

handhold the Company in

entirety, until the transition to

the new regime

• Updating master data, recording mechanism, reporting requirements, etc

• Mapping accounting/ charge/ tax codes in the ERP system

• Suggest formats for recording supply, procurement and related data as per requirements of the new law;

• Assist Company obtain registrations in different

states (if applicable)

• Preparation of process manual for routine accounting operations

• Setting up procedure to correctly capture Point Of Taxation and Place of Supply for each supply

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OPERATIONAL

ASSISTANCE Setting up process to capture correct tax charged on different types of supply

• Ensuring smooth payment mechanism

• Assistance in transferring of existing credits under current regime to the proposed regime

• Assistance with respect to transfer of stock-in-hand/ capital goods credit from current regime in to the proposed regime

• Assistance in movement of goods on the implementation date of the new regime

• Assistance in practical challenges to be faced on ground level for implementation of new regime

The operational assistance shall

be the back-bone for GST

implementation where IBA will

handhold the Company in

entirety, until the transition to

the new regime

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AGREEMENT

RE-WORKING

It will be imperative for the

Company to review existing

contracts, both on the output

side (customers) as well as the

input side (vendors)

This review is critical to ensure

no unnecessary tax obligations

arise on the Company upon its

transition to GST and at the

same time ensuring no added

tax benefits are missed

• IBA would review the existing contracts with vendors and customers to enable the tax clauses are correctly amended

• IBA would assist in providing relevant tax clause for future agreements

• IBA would assist in identifying the vendors wherein the Company should renegotiate basis added benefit to the vendor

• IBA would assist in procuring necessary details from vendors and customers which will be essential for GSTN network

• IBA will assist in mitigating risk of any future liability by way of safe-guarding it through contract

• IBA will suggest wherever necessary to inseret relevant penalty clauses inter se agreements with vendors should they default in uploading informaiton and credits on GSTN

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CREDIT CHAIN

OPTIMIZATION

Basis of GST is free flow of credit

inter se the taxes.

Thus it is imperative that the

credit mechanism of the

Company does not create any

blockage

• Assisting in setting up processes which enables the Company avail all permissible credits

• Assisting in setting up of processes for credit movement in order to correctly adjust against permissible liability

• Suggest measures for proper recording and integration of credits from IGST, CGST and SGST

• Suggest measures for implementation of credit matching system as required under proposed regime

• Suggest processes for efficient movement of credits and tax permissible under the proposed statute

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IT SYSYTEM

IMPLEMENTATION

The system configurations will

have to undergo modifications

as a result of compliance and

process requirements. Planning

and migration of systems is a

key focus area for GST

implementation. IT system

assistance will be restricted to

taxes only

• Setting up of process through which system provides correct information with respect to taxability

• Setting up of process to capture details of vendors and clients correctly in the system for smooth credit movement

• Business charge codes mapping based on Place of Supply and Time of Supply provisions provided under

Model GST Law in the IT System

• Integrating appropriate reporting procedure for filing multiple statutory returns and its annexures under GST

• Assistance in enabling system for accumulation and utilization of credit under IGST, CGST and SGST

• Discussions with the IT implementation team to ensure that the requirements of GST are correctly captured in the IT system

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FINAL

TOUCH Test runs on the new system

• Identifying lacunas and rectifying them

• Preparing FAQs for the users and helping them get an ease on the system

• Preparing SOPs for the Company

• Special training for the senior management to help them understand routine implications

After the system configurations

and processes in place, it is

imperative that continuous test

runs are done to ensure error

free system

Further equal focus is required

for providing trainings to the

team who would be executing

the work on daily basis

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PHASE-4

ON-GOING ASSISTANCE

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ON-GOING

ASSISTANCE

Assistance in implementation

of GST regime is a continuous

process and we believe in

being available at every hour

of need

Review and replying

of day to day routine

queries for one month

Validation of periodic

returns and other

compliances for first

month

Training and

providing assistance

for completion of

implementation

process

Providing GST

updates and advising

the business on

impact of same

V

I

II

III

IV

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TEAM AND CREDENTIALS

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OUR CORE TEAM

NIMISH GOELPARTNER AND HEAD OF INDIRECT TAX

Nimish heads the Indirect Tax practice at IBA. He is a Chartered Accountant and Company Secretary with a rich consulting experience of over 13 years with firms like PricewaterhouseCoopers and Ernst & Young in indirect taxes including Customs, Excise, Service Tax and VAT

He specializes in advising clients on entry strategy, credit optimization, classification, valuation and diagnostic reviews to

identify opportunities and threats on indirect tax matters. He’s an active member of the Indirect Tax Committee at the ICAI. He has also made significant contributions to the profession by providing numerous thought provoking suggestions and putting forward his thoughts by authoring various articles and giving interview in print and electronic media

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OUR CORE TEAM

Ujjwal Kumar Pawra SENIOR MANAGER

LAWYER

ALUMNUS OF KPMG

8 YEARS EXPERIENCE

Manpreet singhASSISTANT MANAGER

CHARTERED ACCOUNTANT

5 YEARS OF EXPERIENCE

Tushar JoshiDEPUTY MANAGER

LAWYER

5 YEARS EXPERIENCE

Sumit vijASSISTANT MANAGER

4 YEARS EXPERIENCE

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OUR CORE TEAM

HIMANSHU TIWARISENIOR ANALYST

MASTERS IN FINANCE

ALUMUS OF PWC

4 YEARS EXPERIENCE

MOHIT GUPTASENIOR ANALYST

B. COM (HONS)

2 YEARS EXPERIENCE

shivam khandelwalSENIOR ANALYST

B. COM (HONS)

3 YEARS EXPERIENCE

UDAY MehtaANALYST

B. COM

2 YEARS OF EXPERIENCE

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IBA IS A FULL SERVICE COMPANY

INDIA SET UP SERVICES

FINANCE OUTSOURCING

TAXATION

- PRE ENTRY SERVICES- IMPLEMENTATION SERVICES- POST ENTRY SERVICES

- BOOKKEEPING- MANAGEMENT REPORTING- PAYROLL SERVICES- TREASURY/BANK RELATED

SERVICES

- TAX COMPLIANCE & ADVISORY- INTERNATIONAL TAX- TRANSFER PRICING- REPRESENTATION- DUE DILIGENCE & HEALTHCHECK

REGULATORY & LEGAL

ASSURANCE

M & A

- SECRETARIAL COMPLIANCES- FEMA & RBI COMPLIANCES- FDI SUPPORT

- CONTRACT DESIGNING & VENTING

- STATUTORY AUDIT- TAX AUDIT- ATTENTION SERVICES

- LEGAL ADVISORY – M&A- DEAL ADVISORY- TRANSACTION ADVISORY- DEBT CONVERTIBLES- VALUATION & BUSINESS

MODELLING

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MANAGED

& RUN BY EX-BIG 4

PROFESSIONALS

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IBA ADVANTAGES

DISCREPANCY DISCUSSION

EXPOSURE CALCULATION

RISK MITIGATION

UPDATED ON INDUSTRY ISSUES

ACCURATE REPORTING

SYNC WITH STATUTES

THIRD PARTY AUDIT

TIMELY PROCESSES

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IBA INDIRECT TAX EXPERIENCE

LITIGATION

HANDLING INDUSTRY

ISSUES

HEALTH CHECKS

PAN INDIA VAT

COMPLIANCES

PAN INDIA VAT AUDITS/

ANNUAL RETURNS

REFUNDS

- SAD

- CVD

- EDD

- CENVAT CREDITSVB MATTERS

ADVISORY TAX STRUCTURING

EXPORT BENEFIT

INCENTIVES

DEPARTMENTAL AUDITS

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OUR CLIENTELE

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LET’S WORK TOGETHER

[email protected] +91-9560-709-709

WWW.IBADVISORS.CO

NEW DELHIS-217 PANCHSHEEL PARK,

NEW DELHI 110017

MUMBAISUITE 1108, LEVEL 11-1102,

PENINSULA BUSINESS PARK,

TOWER-B, S.B ROAD,

LOWER PAREL, MUMBAI-400053

BANGALOREGolden Square Serviced Office

No. 1101, 24th Main, JP

Nagar,1st Phase

(Above ICICI Bank)

Bangalore – 560 078