GST Applicability on NBFCs in India: Benefits & Challenges: A Detailed Study

Adv Aditya Narayan

1 year ago

Introduction

Applicability of GST on NBFCs: The Goods and Services Tax (GST), a transformative indirect tax system, made its debut in India on July 1, 2017, ushering in a new era in the country’s tax structure. This tax reform represented a paradigm shift, unifying and simplifying the tax landscape. GST operates as a comprehensive, multi-stage, destination-based tax system, streamlining the taxation process. It was officially ratified by the Indian Parliament on March 29, 2017. This article aims to provide an in-depth exploration of the application of GST on Non-Banking Financial Companies (NBFCs) in India, shedding light on the profound impact and far-reaching implications of this tax system on this crucial sector.

Impact of GST on NBFCs

The Goods and Services Tax (GST) implementation marked a substantial shift in the tax landscape for Non-Banking Financial Companies (NBFCs) in India. Prior to GST, a number of loan services provided by NBFCs enjoyed exemption from indirect taxes. However, with the advent of the GST regime, there was a fundamental change. A standard GST rate of 18% was introduced for services associated with NBFCs. Additionally, this change necessitated GST registration on a state-wise basis for NBFCs, bringing about adjustments in compliance requirements within the sector.

Incorporating GST had far-reaching effects on NBFCs, altering their financial operations and compliance structures. This transformation not only streamlined tax procedures but also brought about increased transparency and standardized taxation across the sector. The imposition of GST at a standardized rate created a level playing field for NBFCs, ensuring uniformity and promoting a fair business environment. However, the compliance adjustments were required to ensure that NBFCs met the new regulatory requirements and operated within the revised tax framework. These changes had a significant bearing on the overall functioning and tax implications for NBFCs, underscoring the need for strategic adaptation within the industry.

Applicability of GST on NBFC Transactions

According to the CGST Act, NBFC loan transactions in general are exempt from GST. Interest income from loans is also exempt from GST. However, certain revenues such as processing fees, foreclosure charges, and syndication fees are taxable under GST, which is given below in more detail.

Summary of Exempted/Taxable Income of NBFCs is given below:

Taxable Income	Exempted Income
Commission received for debt collection service, Charges received on credit card and debit card facilities, Commission received for service rendered to Government, Merchant Banking Services, Asset Management (including portfolio management), Banker to the issue, Locker rent, Financial lease	Interest on loan provided, Discount earned on bills discounted, Dealing in sale and purchase of forward contract, Penal interest recovered from the customers for the delay in repayment of loan, Interest earned on reverse repo transaction, Interest on overdraft and cash credit

Interest rate swaps and foreign exchange swaps: Excluded from the definition of ‘supply’ since such instruments are derivatives, being securities, based on contracts of difference.

Interest on Gold Loan: The Gold (Metal) Loan is a means of financing scheme by banks. The gold (metal) loan provides an option to the jeweller to avail a loan and pay for gold (metal) at a future date. For this facility, the jeweller pays interest to the Bank. In case of gold loans, interest part is taxable.

Financial leases by NBFC (Lessor): Taxable @ 18% on lease installments (both principal and interest) collected from Lessee.

Services by the following persons in respective capacities are exempted from GST:

(a) Business facilitator or a business correspondent to a banking company with respect to accounts in its rural area branch;

(b) any person as an intermediary to a business facilitator or a business correspondent with respect to services mentioned in entry (a); or

Business facilitators or correspondent services are as follows:

(a) Enrolment of customers, including collection of biometric and other details, provide card (ID Card, Debit Card, Credit Card), PIN.

(b) Provide transaction facility: (i) Deposit of money in an account with any bank (ii) Withdrawal of money from an account with any bank (iii) Remittances from an account with a bank to an account with the same or any other bank. (iv) Balance Enquiry and issue Receipts/ Statement of Accounts.

(d) Other activities: i. Identification of borrowers and classification of activities as per their requirements. ii. Collection and prima facie scrutiny of loan applications including verification of primary data. iii. Creating awareness about savings and other products offered by the Bank and education and advice on managing money & debt counselling. iv. Preliminary scrutiny of data and submission of applications to the Bank for its review. v. Promotion, nurturing, monitoring and handholding of Self-Help Groups and/or Joint Liability Groups and/ or Credit Groups and others. vi. Facilitating the repayment of dues owed to the bank by its customers. vii. Marketing of third-party financial products.

Recovery Agent Services to banking or NFBCs: GST will be paid by the bank/NBFC (service recipient) under RCM.

Location of Supply in GST for NBFCs

In the realm of India’s Goods and Services Tax (GST) system, the location from which Non-Banking Financial Companies (NBFCs) offer their financial services is of critical importance. It must precisely align with the location where the service is received. This alignment is a key aspect of adhering to GST regulations and maintaining proper documentation. Location of recipient of Service on the records of the supplier of service is treated as the place of supply. Otherwise, location of supplier of service.

The IGST Act, under Section 12(12), reinforces this principle, emphasizing the significance of accurate location recording. In cases where the location of service receipt is not explicitly mentioned in the supplier’s records, the supplier’s location is considered as the official place of supply.

Application of Input Tax Credit (ITC) for NBFCs

For Non-Banking Financial Companies (NBFCs) in India, the mechanism of Input Tax Credit (ITC) is crucial for managing their tax liabilities. Under the GST framework, NBFCs have the option to claim ITC through two distinct methods: The “Proportional Input Tax Credit Method” and the “50% Input Tax Credit Method”.

The 50% Input Tax Credit Method, in particular, offers a simplified approach for NBFCs, especially those operating on a larger scale with a high volume of transactions. This method allows NBFCs to claim a flat 50% input credit on eligible inputs, input services, and capital goods. It significantly streamlines the ITC claiming process, ensuring efficiency and ease of compliance.

Choosing the appropriate ITC method is essential for NBFCs to optimize their tax benefits and streamline their financial operations. The 50% Input Tax Credit Method stands out as a favorable option for larger NBFCs, enabling them to navigate the complexities of the GST framework while ensuring compliance with tax regulations.

By leveraging the 50% Input Tax Credit Method, NBFCs can effectively manage their tax burden, enhance their operational efficiency, and contribute to a smoother taxation process. This method aligns with the broader goal of GST—to simplify taxation for businesses, boost transparency, and encourage compliance within the taxation framework.

Benefits of GST on NBFCs

The implementation of the Goods and Services Tax (GST) in India has heralded a new era of taxation, especially for Non-Banking Financial Companies (NBFCs). One of the primary advantages is the streamlined tax structure achieved by consolidating various indirect taxes into a single, comprehensive framework. This integration simplifies the tax process for NBFCs, making it more efficient and transparent.

Furthermore, GST brings relief to smaller NBFCs by offering exemptions based on turnover thresholds. This exemption threshold allows smaller NBFCs to focus on their core operations without the burden of complex tax calculations and compliance. Consequently, this reduction in compliance efforts directly translates to a reduction in operational costs, promoting ease of operation and providing a conducive environment for business growth.

In summary, GST offers a unified and efficient tax structure for NBFCs, contributing to ease of compliance and potential cost savings. The exemptions provided to smaller NBFCs play a pivotal role in fostering a favorable business environment, aligning with the government’s objective of promoting ease of doing business and encouraging the growth of the NBFC sector.

Challenges Posed by GST for NBFCs

Despite the advantages it offers, the implementation of the Goods and Services Tax (GST) in India has presented some challenges for Non-Banking Financial Companies (NBFCs). One notable challenge is the requirement for multiple GST registrations. Unlike the previous tax system, where a single central registration sufficed for NBFCs to conduct business across India, GST mandates separate registrations for each state of operation. This not only increases administrative workload but also necessitates compliance with varying state-specific regulations.

Additionally, GST introduces heightened compliance requirements for NBFCs. The new tax regime demands meticulous record-keeping, accurate invoicing, and prompt filing of GST returns. This increased administrative burden calls for enhanced organizational processes and efficient data management systems to ensure compliance with the GST regulations.

Moreover, digital operations within the NBFC sector can create confusion regarding the location of supply. As NBFCs expand their digital presence and offer services across multiple states, determining the exact location of supply for tax purposes becomes challenging. This complexity arises due to the virtual nature of digital transactions, making it difficult to pinpoint the precise location where the service is deemed to be supplied.

In conclusion, while GST streamlines taxation and offers numerous benefits, it also necessitates adjustments and presents challenges for NBFCs. These challenges range from the requirement for multiple registrations to increased compliance demands and the complexity of determining the location of supply in the digital landscape. Adapting to these changes and implementing efficient compliance mechanisms are essential for NBFCs to navigate the GST framework effectively.

Conclusion

The advent of the Goods and Services Tax (GST) in India has indeed brought about a transformative impact on Non-Banking Financial Companies (NBFCs). This tax reform has reshaped how NBFCs function, particularly in areas such as loan transactions, taxation management, and tax reporting. The GST framework, with its simplified tax compliance processes, stands as a significant advantage, streamlining operations for NBFCs.

However, like any significant change, the GST implementation has posed certain challenges for NBFCs. These challenges, ranging from compliance complexities to location determination in the digital realm, need to be effectively addressed. Adapting to these changes and establishing efficient mechanisms to tackle compliance requirements will be crucial for NBFCs to thrive within the GST framework.

Looking ahead, it is expected that the government will continue to refine and tailor the GST framework to better suit the specific needs of NBFCs. Anticipated modifications in the GST’s application to NBFCs aim to create a more favorable and conducive environment for the industry. These alterations are envisioned to support NBFCs, enhance ease of doing business, and foster financial inclusion within the dynamic landscape of the Indian financial sector. Stay tuned for further advancements that will continue shaping the future of GST for NBFCs, ultimately promoting a more efficient and progressive financial ecosystem.

Follow the link to access the material of ICSI on “GST on Financial Transaction”-https://www.icsi.edu/media/webmodules/GST_on_Financial_Transactions.pdf

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