Service tax

Last updated

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.

Contents

According to the Service Tax Rules 1994, a person responsible for paying service tax may be either the service provider or the service receiver, or any other individual person made so liable. It was an indirect tax, where the service provider collected the tax on services from the service receiver and then paid it to the Government of India.

Few services were exempt in public interest via Mega Exemption Notification 25/2012-ST as amended up to date and few services are charged service tax at an abated rate as per Notification No. 26/2012-ST as amended up to date.

It was set, more recently, at 15% for transactions that occurred on or after June 1, 2016.

Service tax was in July 2017 replaced by Goods and Services Tax (GST), which subsumed the various types of indirect taxes.

History

Dr. Raja Chelliah Committee on tax reforms recommended the introduction of service tax. Service tax had been first levied at a rate of five per cent flat from 1 July 1994 till 13 May 2003, at the rate of eight per cent flat w.e.f 1 plus an education cess of 2% thereon w.e.f 10 September 2004 on the services provided by service providers.

The rate of service tax was increased to 12% by Finance Act, 2006 w.e.f 18.4.2006. Finance Act, 2007 has imposed a new secondary and higher education cess of one per cent on the service tax w.e.f 11.5.2007, increasing the total education cess to three per cent and a total levy of 12.36 per cent.

The revenue from the service tax to the Government of India had shown a steady rise since its inception in 1994. The tax collections have grown substantially since 1994–95 i.e. from 410 crore (US$51 million) in 1994–95 to 132,518 crore (US$17 billion) in 2012–13. The total number of taxable services also increased from 3 in 1994 to 119 in 2012. However, from 1 July 2012 the concept of taxation on services was changed from a 'Selected service approach' to a 'Negative List regime'. This changed the taxation system of services from tax on some selected services to tax being levied on the every service other than services mentioned in the Negative list. [1]

Under the Service tax from the year of original levying year of 1994 are constantly growing. The collections are shown in the following table:[ citation needed ]

Financial YearRevenue Rupees(in crores)Number of servicesNumber of Assessees
1993–199425422568
1994–199540733943
1995–199686264866
1996–19971059613982
1997–199815861845991
1998–1999195726107479
1999–2000212826115495
2000–2001261326122326
2001–2002330241187577
2002–2003412252232048
2003–2004789162403856
2004–20051420075774988
2005–20062305584846155
2006–20073759899940641
2007–2008513011001073075
2008–2009609411061204570
2009–2010584221091307286
2010–2011710161171372274
2011–2012975091191535570
2012–2013132518Negative List Regime1712617

Rates

Service tax, which started out at a nominal 5%, now stands at 15%. [2]

It was increased to 14% for transactions that happened on or after 1 June 2015 and then for transactions that occurred on or after 15 Nov 2015, the new Swachh Bharat Cess at 0.5% was also added to the Service Tax. Therefore, the effective rate became 14.5% with effect from 15 Nov 2015. [3]

For transactions that occurred on or after 1 June 2016 this tax is at 15%. [4] 2016 Union budget of India has proposed to impose a cess, called the Krishi Kalyan Cess, at 0.5% on all taxable services effective from 1 June 2016. The current service tax is at 15%. [5]

With the introduction of Krishi Kalyan Cess [6] at 0.5% w.e.f 1 June 2016, the effective rate of Service tax would eventually go up to 15%, which was earlier increased to 14% (with subsumption of Education Cess and Secondary and Higher Education Cess) from 12.36% w.e.f 1 June 2015 and Swachh Bharat Cess at 0.5% on the value of all taxable services imposed w.e.f 15 November 2015. Krishi Kalyan Cess, which was announced during the 2016–17 Budget, has become applicable from 1 June. A tax of 0.5% would be levied over and above the Service Tax and Swachh Bharat Cess. Till 31 May 2016, the Service Tax rate was 14.5%. With Krishi Kalyan cess, the service tax would increase to 15%. While Swachh Bharat Cess was levied to conduct a cleanliness drive in India, the new cess has been levied to finance and promote initiatives to improve agricultural growth.

Negative list

Budget 2012 revamped the taxation provisions for services by introducing a new system of taxation of services in India. In the new system all services, except those specified in the negative list, are subject to taxation. Earlier, the levy of service tax was based on positive list—specified 119 taxable services. [7] The term "Negative List", per clause (34) of section 65B of the Finance Act of 1994, means the services which are listed in section 66D. [8]

Registration of Service Tax

As per Service Tax Law it is mandatory for the following categories of persons to obtain registration:-

Every person mentioned above will have to get themselves registered under the service tax law within 30 days from the date of commencement of such service or business.[ citation needed ]

Whereas in case of service provider whose aggregate value of taxable service not exceeded 9 lakhs in a financial year not need to obtain registration, where in case he has obtained registration he is liable to payment of service tax only if the value of taxable services exceeds 10 lakhs rupees. [9]

Service Tax Invoices

Rule 4A prescribes that taxable services shall be provided and input credit shall be distributed only on the basis of a bill, invoice or challan. Such bill, invoice or challan will also include documents used by service providers of banking services (such as pay-in-slip, debit credit advice etc.) and consignment note issued by goods transport agencies. Rule 4B provides for issuance of a consignment note to a customer by the service provider in respect of goods transport booking services. [10]

Related Research Articles

A dividend tax is a tax imposed by a jurisdiction on dividends paid by a corporation to its shareholders (stockholders). The primary tax liability is that of the shareholder, though a tax obligation may also be imposed on the corporation in the form of a withholding tax. In some cases the withholding tax may be the extent of the tax liability in relation to the dividend. A dividend tax is in addition to any tax imposed directly on the corporation on its profits. Some jurisdictions do not tax dividends.

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 2014–15, total government revenue was forecast to be £648 billion, or 37.7 per cent of GDP, with net taxes and National Insurance contributions standing at £606 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">Taxation in the Republic of Ireland</span> Irish tax code

Taxation in Ireland in 2017 came from Personal Income taxes, and Consumption taxes, being VAT and Excise and Customs duties. Corporation taxes represents most of the balance, but Ireland's Corporate Tax System (CT) is a central part of Ireland's economic model. Ireland summarises its taxation policy using the OECD's Hierarchy of Taxes pyramid, which emphasises high corporate tax rates as the most harmful types of taxes where economic growth is the objective. The balance of Ireland's taxes are Property taxes and Capital taxes.

<span class="mw-page-title-main">Entertainment tax</span>

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.

<span class="mw-page-title-main">Income tax in India</span> Form of taxation in India

Income tax in India is governed by Entry 82 of the Union List of the Seventh Schedule to the Constitution of India, empowering the central government to tax non-agricultural income; agricultural income is defined in Section 10(1) of the Income-tax Act, 1961. Income-tax law consists of the 1961 act, Income Tax Rules 1962, Notifications and Circulars issued by the Central Board of Direct Taxes (CBDT), annual Finance Acts, and judicial pronouncements by the Supreme and high courts.

Taxation in Iran is levied and collected by the Iranian National Tax Administration under the Ministry of Finance and Economic Affairs of the Government of Iran. In 2008, about 55% of the government's budget came from oil and natural gas revenues, the rest from taxes and fees. An estimated 50% of Iran's GDP was exempt from taxes in FY 2004. There are virtually millions of people who do not pay taxes in Iran and hence operate outside the formal economy. The fiscal year begins on March 21 and ends on March 20 of the next year.

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">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.

In Austria, taxes are levied by the state and the tax revenue in Austria was 42.7% of GDP in 2016 according to the World Bank The most important revenue source for the government is the income tax, corporate tax, social security contributions, value added tax and tax on goods and services. Another important taxes are municipal tax, real-estate tax, vehicle insurance tax, property tax, tobacco tax. There exists no property tax. The gift tax and inheritance tax were cancelled in 2008. Furthermore, self-employed persons can use a tax allowance of €3,900 per year. The tax period is set for a calendar year. However, there is a possibility of having an exception but a permission of the tax authority must be received. The Financial Secrecy Index ranks Austria as the 35th safest tax haven in the world.

<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.

VAT was introduced very beginning in year on year value added tax (VAT) 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.

<span class="mw-page-title-main">Wealth Tax Act, 1957</span> Indian legislation

The Wealth Tax Act, 1957 was an Act of the Parliament of India that provides for the levying of wealth tax on an individual, Hindu Undivided Family or company. The wealth tax was levied on the net wealth owned by a person on a valuation date, i.e., 31 March of every year. The Act applies to the whole of India. The application of the Act has been discontinued since 1 April 2016.

<span class="mw-page-title-main">Swachh Bharat Mission</span> Indian campaign to eliminate open defecation

Swachh Bharat Mission, Swachh Bharat Abhiyan, or Clean India Mission is a country-wide campaign initiated by the Government of India on 2 October 2014 to eliminate open defecation and improve solid waste management and to create Open Defecation Free (ODF) villages. The program also aims to increase awareness of menstrual health management. It is a restructured version of the Nirmal Bharat Abhiyan which was launched by Congress in 2009 that failed to achieve its intended targets due to rampant corruption and indecisive leadership.

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

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 Goods and Services Tax (GST) is a successor to VAT used in India on the supply of goods and services. Both VAT and GST have the same taxation slabs. It is a comprehensive, multistage, destination-based tax: comprehensive because it has subsumed almost all the indirect taxes except a few state taxes. Multi-staged as it is, the GST is imposed at every step in the production process, but is meant to be refunded to all parties in the various stages of production other than the final consumer and as a destination-based tax, it is collected from point of consumption and not point of origin like previous taxes.

<span class="mw-page-title-main">Value-added tax</span> Form of consumption tax

A value-added tax (VAT), known in some countries as a goods and services tax (GST), is a type of tax that is assessed incrementally. It is levied on the price of a product or service at each stage of production, distribution, or sale to the end consumer. If the ultimate consumer is a business that collects and pays to the government VAT on its products or services, it can reclaim the tax paid. It is similar to, and is often compared with, a sales tax. VAT is an indirect tax because the person who ultimately bears the burden of the tax is not necessarily the same person as the one who pays the tax to the tax authorities.

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.

Taxation is an important part in the Turkish economy. Turkey has a 25.5% tax to GDP ratio. Most of the taxes are levied by central government. However some specific taxes are levied by municipalities, with the amount determined by centrally issued legislation. Municipalities have no authority to make their own tax laws.

References

  1. "Analysis of Service Tax Revenue" (PDF). 12 September 2013. Archived from the original (PDF) on 2 February 2014. Retrieved 20 June 2023.
  2. "WHAT IS SERVICE TAX". Business Standard India. Retrieved 7 January 2023.
  3. "Swachh Bharat Cess". incometaxindia.gov.in. Retrieved 7 January 2023.
  4. "Home Page of Central Board of Indirect Taxes and Customs" (PDF).
  5. "Budget 2016: Service tax proposed to be increased from 14.5% to 15%", The Economic Times , 29 February 2016
  6. "Krishi Kalyan Cess". 28 May 2016.
  7. "Service Tax Procedures". Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India.
  8. "AUBSP: Revised Negative List of Services of Finance Act, 1994". Archived from the original on 3 July 2013. Retrieved 24 June 2013.
  9. "国产成人拍拍拍高潮尖叫18,日本丰满熟妇乱子伦,成人国产一区二区精品,扒开双腿猛进入免费视频".
  10. "INVOICE FOR SERVICE TAX". TopCAfirms. Retrieved 4 December 2013.