Entertainment tax

Last updated

Revenue stamp issued by the Swiss municipality of Le Chenit to pay for entertainment tax (French: taxe sur les divertissements
) Switzerland Le Chenit revenue 20c - 2.jpg
Revenue stamp issued by the Swiss municipality of Le Chenit to pay for entertainment tax (French : taxe sur les divertissements)

Entertainment tax also sometimes referred to as "amusement tax" is any tax levied on any form of commercial entertainment, such as movie tickets, exhibitions, sport events and more. The specific rules such as the tax rate of entertainment tax and cases of tax exemption are subject to local authorities, as is their collection. The entertainment tax has in the most cases the form of indirect tax, which is levied on buyer. Nowadays, the most discussed subject of those taxes are their implementations to online services, especially the ones working on streaming basis such as Netflix, Spotify and others.

Contents

India

In India, Entertainment Tax is a tax imposed by the government on feature films getting a wide release in the country and are reduced from gross collections, major commercial shows and big private festivals. The amount after deducting entertainment tax is known as net.

In Delhi, movie tickets, large commercial shows and large private festival celebrations may incur an entertainment tax. [1]

Entertainment falls in List 2 of the Seventh Schedule of the Constitution of India and is exclusively reserved as a revenue source for the state governments. Historically, before India acquired independence, British government imposed heavy taxes on the events of amusements and entertainment, where a large gathering of Indians could have caused rebellion or mutiny. Thus, various entertainment tax acts of the state governments permit the rate of tax beyond[ clarification needed ] 100%. After independence, old enactments continued and there has been no revision or repeal of these acts.

This source of revenue has grown with the advent of pay television services in India. Since, entertainment is being provided through the services such as broadcasting services, DTH Services, Pay TV Services, cable services, etc. The component of entertainment is intrinsically intertwined in the transaction of service, that it can not be separated from the whole transaction. Given the nature of transaction of service, it is being subjected to tax by the Union and the State governments both.

The fiscal principle underlying article 246 of the constitution of India separates the sources of taxation for the Union and the States and also maintains the exclusivity. This article also provides that in case of conflict between the powers of Union and the States, the Union power to tax shall supersede the power of the State to levy tax on the taxable event or in relation to the subject or object of taxation. Entertainment tax structure in India varies across states and is the highest in Uttar Pradesh at 60 per cent. In Maharashtra, entertainment tax was reduced by five per cent in 2005 and now stands at 45 per cent. There is no tax for Marathi films in Maharashtra, and in Tamil Nadu, Tamil films are tax free if they have a Tamil title and a U certificate from the Censor Board. Failing any of these, films are imposed a 15% tax.

The entertainment industry in India is facing the challenge of double taxation on such transactions. [2] No State Entertainment Tax Applicable on Gross Tkt Value .

  1. Andhra Pradesh - 20% (15% for Telugu Films)
  2. Assam, Himachal Pradesh, Jammu & Kashmir, Rajasthan, Punjab and Uttaranchal (Nil)
  3. Bihar - 50.00%
  4. Delhi- 20.00%
  5. Gujarat -50.00% (Nil for Gujrati Films)
  6. Haryana -30.00%
  7. Jharkhand -110% (Nil for Jharkhandi Films)
  8. Karnataka -30% (Nil for Kannada Films)
  9. Kerala- 10.00%
  10. Madhya Pradesh -20.00%
  11. Maharashtra -45% (Nil for Marathi Films)
  12. Odisha -25.00% (for Odia Films 99% )
  13. Tamil Nadu -15% (Nil for Tamil Films)
  14. Uttar Pradesh -30% to 40%
  15. West Bengal- 30% (2% for Bengali Films)

Maharashtra Entertainment Duty Act, 1923

The Maharashtra government imposed an additional 10 percent entertainment duty on movie tickets priced between Rs.251 and Rs.350 from January 16, 2013. However, tickets costing between Re.1 and Rs.250 will see no fresh levy. [3] The government has also allowed theatre owners to collect Rs.11 as service charges on all tickets, up from Rs.6 now. The new tax slab is somewhat like this: If a multiplex or theatre owner charges up to Rs 250 per ticket, he will not have to pay any additional surcharge.

If a ticket is priced between Rs 251 and Rs 350, the theatre or multiplex owner will be charged 10 per cent more; if a ticket is priced between Rs 351 and Rs 500, the owner will have to pay 15 per cent more, and if the ticket is priced more than Rs 501, the charge will be 20 per cent more. Mirror has learnt that theatre and multiplex owners will have to go for computerised booking system so that the number of tickets sold is on record. [4] [5] The Central Government's decision is effective from this month, and film and TV actors will be charged 12.36 per cent service tax on their earnings on programmes and endorsements. [6]

As per the new slab, for tickets up to Rs 250, there will be no additional tax other than the existing 45 per cent. For tickets costing Rs 251–350, government will charge 49.5 per cent entertainment tax. For tickets priced at Rs 351–500, the new tax will be 51.75 per cent, while tickets costing Rs 500 and above will attract 54 per cent tax. Maharashtra has 64 multiplexes. The state is expected to get additional revenue of Rs 30 crore in its coffers. [7] Maharashtra has 64 multiplexes and 549 single-screen theatres. The cabinet has also approved to give a five-year tax exemption to single-screen theatres under municipal councils and a seven-year exemption in rural areas. [8] [9] Service tax is 12.36% and Maharashtra VAT is 5% on non-theatrical. The total tax in Maharashtra is 45% as entertainment tax, 5% VAT on non theatrical and in addition there is a stamp duty on the agreements entered in Maharashtra. The VAT on theatrical was waived from May 2011 but there is still a past issue from 2005 to 2011 which the government is yet to exempt. [10] [11] ok the main taxing jurisdiction may exempt foreign-source income from tax, the main taxing jurisdiction may exempt foreign-source income from tax if tax had been paid on it in another jurisdiction, or above some benchmark to not include tax haven jurisdictions, the main taxing jurisdiction may tax the foreign-source income but give a credit for foreign jurisdiction taxes paid.

Rajasthan no-tax policy

In March 2011, Rajasthan become the first state to exempt theatres from entertainment tax. In March 2009, the Rajasthan government started levying an entertainment tax of 23.08 per cent on gross and 30 per cent on net sales. Earlier in 2008, the government had reduced the entertainment tax from 40 per cent on net to 30 per cent on net sales. [12] [13] [14] [15] [16]

Chicago

In Chicago, the entertainment tax is known as the amusement tax. Nowadays, the amusement tax is levied on cultural events (performances, exhibitions, etc.), commercial events (promotional shows, presentations), sport events of any kind (car races, tennis, horse-races, etc.), entertainment activities for public participation or attended based on paid membership (sport clubs, etc.) and virtually provided amusement services (paid television programmes, etc.) based on streaming basis. [17] The general exemptions are events with religious purposes, events to support the veterans and generally all non-profiting events. The City of Chicago offers at their online site templates for amusement providers to be filled as well as complete guide regarding the amusement tax and the liabilities.

Amendments

The amusement tax in Chicago has been in effect since 17 February 1986 and has gone through several amendments. It is assigned to section 4-156 in Chicago municipal code. In 1999 the tax rate for middle-sized (750-5,000 people) events was reduced to 3%. Although, the first major amendment was in July 2004 where the original concept was enlarged by above mentioned paid television programmes and paid membership activities. The largest and nowadays most discussed amendment came into effect on 1 July 2015. It introduced a general 9% tax rate with exception for registered reseller for whom the rate is 3% and since 2018 the rate was decreased to 5% for cultural performances which are held in auditoriums with maximum capacity exceeding 750 persons. This rule was changed later that year and now there is total exemption from the tax if the event is live performance and the capacity is less than 1,500 persons. [18] However, the controversy part of this amendment was including the digital streaming and online entertainment platforms as well (Netflix, Spotify, etc.), this expansion is often referred to as "Netflix tax" or "Cloud tax". However, this affects only temporary services, e.g. the music tracks, movies, games and other online goods bought online and downloaded permanently are not subject to this tax (it is subject to digital sales tax, which in the state of Illinois is equal to 6.25%). [19]

Controversy

The new enlargement for "Netflix tax" was predicted to bring $12 million to the treasury of the city and help to decrease the city's budget deficit which was in 2016 around $500 million. However, the new amusement tax is subject to widespread criticism because of violations of other federal laws, state laws and precedent of the Supreme Court. Besides what is mentioned above, this taxation also violates the Internet Tax Freedom Act on the Federal level and the Commerce Clause. As for the State level, the Department of Finance executives are in clash with Illinois' executives and the uniformity of requirements is therefore not existing.

Malta

Entertainment excise duty was payable on some theatre, cinema or sporting events. Imprinted excise stamps on such tickets are known from the 1950s to the 1980s. [20]

Namibia

South West Africa introduced entertainment tax by Ordinance 11 of 1930, and issued revenue stamps to pay the tax. [21]

Russia

Russia introduced a tax on theatre and other types of entertainment in 1892. [21]

South Africa

In the early years of the 20th century, the four provinces of the Union of South AfricaCape Province, Natal Province, Orange Free State Province and Transvaal Province – each introduced their own entertainment taxes. They issued revenue stamps to pay for such taxes. Cape Province introduced the tax in 1913, Natal and Orange Free State in 1917, and Transvaal in 1931. [21]

Turkey

The Ottoman Empire introduced an entertainment tax in 1906. [21]

United Kingdom

The UK introduced an entertainment tax with the Finance (New Duties) Act 1916. [21]

Related Research Articles

A fuel tax is an excise tax imposed on the sale of fuel. In most countries the fuel tax is imposed on fuels which are intended for transportation. Fuel tax receipts are often dedicated or hypothecated to transportation projects, in which case the fuel tax can be considered a user fee. In other countries, the fuel tax is a source of general revenue. Sometimes, a fuel tax is used as an ecotax, to promote ecological sustainability. Fuel taxes are often considered by government agencies such as the Internal Revenue Service as regressive taxes.

<span class="mw-page-title-main">Taxation in the United Kingdom</span> United Kingdom tax codes

In the United Kingdom, taxation may involve payments to at least three different levels of government: central government, devolved governments and local government. Central government revenues come primarily from income tax, National Insurance contributions, value added tax, corporation tax and fuel duty. Local government revenues come primarily from grants from central government funds, business rates in England, Council Tax and increasingly from fees and charges such as those for on-street parking. In the fiscal year 2023–24, total government revenue was forecast to be £1,139.1 billion, or 40.9 per cent of GDP, with income taxes and National Insurance contributions standing at around £470 billion.

Double taxation is the levying of tax by two or more jurisdictions on the same income, asset, or financial transaction.

<span class="mw-page-title-main">Finance Act</span> Fiscal legislation enacted by the UK Parliament

A Finance Act is the headline fiscal (budgetary) legislation enacted by the UK Parliament, containing multiple provisions as to taxes, duties, exemptions and reliefs at least once per year, and in particular setting out the principal tax rates for each fiscal year.

<span class="mw-page-title-main">Sales taxes in the United States</span>

Sales taxes in the United States are taxes placed on the sale or lease of goods and services in the United States. Sales tax is governed at the state level and no national general sales tax exists. 45 states, the District of Columbia, the territories of Puerto Rico, and Guam impose general sales taxes that apply to the sale or lease of most goods and some services, and states also may levy selective sales taxes on the sale or lease of particular goods or services. States may grant local governments the authority to impose additional general or selective sales taxes.

The State List or List-II is a list of 61 items. Initially there were 66 items in the list in Schedule Seven to the Constitution of India. The legislative section is divided into three lists: the Union List, the State List and the Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.

A landfill tax or levy is a form of tax that is applied in some countries to increase the cost of landfill. The tax is typically levied in units of currency per unit of weight or volume. The tax is in addition to the overall cost of landfill and forms a proportion of the gate fee.

Taxes in India are levied by the Central Government and the State Governments by virtue of powers conferred to them from the Constitution of India. Some minor taxes are also levied by the local authorities such as the Municipality.

<span class="mw-page-title-main">Tamil cinema</span>

Tamil cinema is the segment of Indian cinema dedicated to the production of motion pictures in the Tamil language, the main spoken language in the state of Tamil Nadu. It is nicknamed Kollywood, a portmanteau of the names Kodambakkam, a neighbourhood in Chennai, and Hollywood.

<span class="mw-page-title-main">Excise</span> Goods tax levied at the moment of manufacture rather than sale

An excise, or excise tax, is any duty on manufactured goods that is normally levied at the moment of manufacture for internal consumption rather than at sale. It is therefore a fee that must be paid in order to consume certain products. Excises are often associated with customs duties, which are levied on pre-existing goods when they cross a designated border in a specific direction; customs are levied on goods that become taxable items at the border, while excise is levied on goods that came into existence inland.

Service tax was a tax levied by the Government of India on services provided or agreed to be provided excluding services covered under the negative list and considering the Place of Provision of Service Rules 2012 and collected as per Point of Taxation Rules 2011 from the person liable to pay service tax.

Sales taxes in British Columbia come in the form of the Goods and Services Tax (GST) and Provincial Sales Tax (PST).

<span class="mw-page-title-main">Property tax in the United States</span>

Most local governments in the United States impose a property tax, also known as a millage rate, as a principal source of revenue. This tax may be imposed on real estate or personal property. The tax is nearly always computed as the fair market value of the property, multiplied by an assessment ratio, multiplied by a tax rate, and is generally an obligation of the owner of the property. Values are determined by local officials, and may be disputed by property owners. For the taxing authority, one advantage of the property tax over the sales tax or income tax is that the revenue always equals the tax levy, unlike the other types of taxes. The property tax typically produces the required revenue for municipalities' tax levies. One disadvantage to the taxpayer is that the tax liability is fixed, while the taxpayer's income is not.

<span class="mw-page-title-main">Taxation in California</span> Overview of taxation in the U.S. state of California

Taxes in California are collected by state and local governments through a number of tax categories.

<span class="mw-page-title-main">Taxation in South Africa</span>

Taxation may involve payments to a minimum of two different levels of government: central government through SARS or to local government. Prior to 2001 the South African tax system was "source-based", where in income is taxed in the country where it originates. Since January 2001, the tax system was changed to "residence-based" wherein taxpayers residing in South Africa are taxed on their income irrespective of its source. Non residents are only subject to domestic taxes.

Value-added tax (VAT) was introduced into the Indian taxation system from 1 April 2005. The existing general sales tax laws were replaced with the Value Added Tax Act (2005) and associated VAT rules.

Profession tax is the tax levied and collected by the state governments in India. It is a direct tax. A person earning an income from salary or anyone practicing a profession such as chartered accountant, company secretary, cost accountant, lawyer, doctor etc. are required to pay this professional tax. Different states have different rates and methods of collection. In India, profession tax is imposed every month. However, not all states impose this tax. The states which impose professional tax are Karnataka, Bihar, West Bengal, Andhra Pradesh, Telangana, Maharashtra, Tamil Nadu, Gujarat, Assam, Kerala, Meghalaya, Odisha, Tripura, Madhya Pradesh, Jharkhand and Sikkim, Mizoram. Business owners, working individuals, merchants and people carrying out various occupations come under the purview of this tax.

<span class="mw-page-title-main">2015 Union budget of India</span> Government budget

The 2015 Union budget of India refers to 2015–2016 Union budget of India. The beginning of the budget printing began on 19 February 2015 with the traditional halwa ceremony. From 20 February until the presentation of budget about 100 government employees remained locked up in the North Block of the Secretariat Building, New Delhi, which houses the budget printing press, to maintain secrecy. The budget was presented on 28 February by Finance Minister Arun Jaitley.

The Fourteenth Finance Commission of India was a finance commission constituted on 2 January 2013. The commission's chairman was former Reserve Bank of India governor Y. V. Reddy and its members were Sushma Nath, M. Govinda Rao, Abhijit Sen, Sudipto Mundle, and AN Jha. The recommendations of the commission entered force in April 2015; they take effect for a five-year period from that date.

References

  1. Business of Bollywood: Why Rs 100 crore is the Biggest Star in Bollywood
  2. Expanded tax regime opposed The Hindu. 17 January 2013.
  3. "Maharashtra hikes entertainment duty - Times Of India". archive.ph. 16 February 2013. Archived from the original on 16 February 2013. Retrieved 25 August 2021.
  4. "Archived copy". Archived from the original on 23 March 2014. Retrieved 17 January 2013.{{cite web}}: CS1 maint: archived copy as title (link)
  5. Sheikh, Makarand Gadgil and Aminah Sheikh,Aminah (16 January 2013). "Maharashtra raises entertainment tax on costly movie tickets". mint. Retrieved 25 August 2021.{{cite web}}: CS1 maint: multiple names: authors list (link)
  6. Bollywood | Service Tax | Strike - Filmibeat
  7. "City anchor: Govt flexes tax muscle to keep multiplex ticket rates in check - Indian Express". Archived from the original on 20 January 2013.
  8. Laghate, Gaurav (16 January 2013). "Maharashtra to charge extra entertainment duty from multiplexes". Business Standard India. Retrieved 25 August 2021.
  9. The Times of India [ dead link ]
  10. "Bollywood to lock horns with govt over taxes - Times Of India". 21 January 2013. Archived from the original on 21 January 2013. Retrieved 25 August 2021.
  11. Hindustan Times [ dead link ]
  12. "Rajasthan Govt Gives 100% Exemption On Entertainment Tax". Koimoi. 10 March 2011. Retrieved 25 August 2021.
  13. "Boxofficeindia.com". Archived from the original on 18 June 2013.
  14. Editorial, B. O. C. (10 March 2011). "Rajasthan govt declares 100% entertainment tax exemption". Businessofcinema.com. Retrieved 25 August 2021.
  15. Rajasthan Govt. withdraws entertainment tax | Indian Television Dot Com
  16. "Error" (PDF). Archived from the original (PDF) on 1 February 2014. Retrieved 14 June 2013.
  17. Department of finance, Chicago. "City of Chicago :: Amusement Tax Ruling 5 Effective 7-1-2015" (PDF). City of Chicago . Retrieved 30 April 2019.
  18. Department of Finance, Chicago. "IS YOUR EVENT SUBJECT TO THE CHICAGO AMUSEMENT TAX?" (PDF). City of Chicago . Retrieved 30 April 2019.
  19. "Illinois Sales Tax Guide for Businesses". www.taxjar.com . 13 July 2000. Retrieved 30 April 2019.
  20. McClellan, Andrew (2011–17). "Malta". Revenue Reverend. Archived from the original on 1 February 2018.
  21. 1 2 3 4 5 Matheson, Ian; McClellan, Andrew (2017). Entertainments Tax in South Africa (PDF). Revenue Society. Archived from the original (PDF) on 30 June 2017.