Showing posts with label tax. Show all posts
Showing posts with label tax. Show all posts

Friday, 15 December 2017

Straight from the Heart: GST Update

Straight from the Heart: GST Update

·                The effective tax on input services has gone up from 15% to 18%. This has led to inflation in cost of healthcare services since most of the services like Housekeeping, GDA, Security, F&B and Repair & Maintenance are typically outsourced in the hospital.
·                GST should be altered for diagnostic (viral transport media and culture media) from 18% to 12% as is applicable for all other diagnostic kits and reagents.
·                Ancillary medical procedures and diagnostics, which play a key role in treatment, have been put under the 12% and 18% slab.
·                With disposables, drugs and reagents being bracketed under 12% GST, the cost of surgeries and other procedures (that involve use of disposables and reagents) has gone up considerably. The old tax rate for these items varied between 2% to 5.5%
·                For most of the medical devices and implants, which were importable at 0% duty, consequent to the imposition of GST, the 5% VAT has gone up to 12% IGST. The items covered in this are medical devices, cardiac implant and other high-end items like pacemakers, LVAD etc. The Ministry should intervene and reduce GST on all medical equipments, devices, medicines & consumables to 5% as against 12% that it has been increased to. If government takes definition of life saving as per income tax act, very few devices will be included. Consumables can be equated with surgical items which at present attract 5% GST.
·                Hospitals were issued Scrips under Served from India Scheme (SFIS) earlier. These scrips were usable for the payment of various duties/taxes to Central Govt on importation including CVD etc. Now the scrips can be used only to pay custom duty, which makes the whole equation uneconomical and the very purpose of scrip is defeated. We request the Ministry to allow for the payment of IGST against the Scrips.
·                Landed cost of imported equipment has significantly gone up with the implementation of IGST. Since earlier the imports did not have VAT the equipment, the landed cost of equipments, which were not manufactured in India has now come under IGST regime which in turn increased the landed cost from 8% to 10%. The Ministry should review the situation especially regarding medical equipments not manufactured in India so that the investments in technology are optimized.
·                Reverse charge: The purpose of reverse charges was to pay GST and take credit. For healthcare, where the end services are exempt, this is added costs and efforts. The provision of reverse charge so far applicable to healthcare should be dispensed with.
·                Health insurance: In Direct taxes (Income tax) there is an exemption under Section 80D on payment for Health Insurance. But in Indirect taxes there is a GST tax of 18% on payment for Health Insurance. Health Insurance GST should be at the slab of 5 %.
·                Clinic furniture: Equipment such as furniture, examination chair and operating table will now fall in the 18% bracket.
·                Some items like blood collection bags with integral filters earlier tax was just 5% has gone up to 12%
·                Medical oxygen earlier had VAT of 4.5%. It was put under slab of 18% and is now reduced to 12%. 


 Some common questions

What is meant by health care services under GST?

Under the ambit of GST, healthcare services may refer to any service by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicines in India, and includes services by way of transportation of the patient to and from a clinical establishment, but does not include hair transplant or cosmetic or plastic surgery, except when undertaken to restore or to reconstruct anatomy or functions of body affected due to congenital defects, developmental abnormalities, injury or trauma.

In what manner is the GST going to impact the health and family welfare sector?

Healthcare sector has been exempted from GST as the government has accorded healthcare the due importance and impetus that this sector needs to accelerate progress towards achieving the national goals in our endeavour towards achieving health for all as per the Sustainable Development Goals (SDGs), to which India is committed. This will contribute to the process of the transformation of India, its people and the economy.

How are health care services to be impacted by GST?

Under GST, duty charged on the import of technical machinery and equipment needed by the health sector would be allowed as a credit. This benefit of the overall reduction in the cost of technology is due to implementation of GST.

How will GST impact lifesaving drugs and equipment?

Life-saving drugs, healthcare services and medical devices would continue to be tax-free under GST.

What are the services that are likely to face increased taxation due to GST?

Dialysis (5% to 12%), pacemaker (5.5% to 12-18%), support devices in orthopaedics (5% to 12%) and all support devices for cancers except blood cancer (5% to 7-12%) are the services that shall face increased taxation due to GST.

Is medical tourism likely to be affected by GST?

With the roll out of GST, the cost of insurance, pharmaceuticals, and international travel together with quality health care is expected to reduce which would culminate into better prospects of medical tourism in the country

Dr KK Aggarwal
Dr Ravi Wankhedkar
Dr R N Tandon


With inputs from:  Dr Shubnum, Dr RV Asokan

Monday, 4 July 2016

Presumptive Taxation: Medical Professionals can use the new section 44 ADA for their Income Tax Purpose

Presumptive Taxation: Medical Professionals can use the new section 44 ADA for their Income Tax Purpose Section 44 ADA has been inserted after Section 44 AD of the Income Tax Act starting 1st April 2017: 44ADA. (1) Notwithstanding anything contained in sections 28 to 43C, in the case of an assessee, being a resident in India, who is engaged in a profession referred to in sub-section (1) of section 44AA ( it includes medical profession) and whose total gross receipts do not exceed fifty lakh rupees in a previous year, a sum equal to 50% of the total gross receipts of the assessee in the previous year on account of such profession or, as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the assessee, shall be deemed to be the profits and gains of such profession chargeable to tax under the head “Profits and gains of business or profession”. IMA’s Viewpoint • This Section is for simplification of taxation for professionals. • It will reduce compliance burden on small professionals and will felicitate ease of doing profession. • It will also bring parity between small businessmen who enjoy Presumptive Taxation under section 44 AD. It will be applicable to individual doctors, their HUF and their partnership firm (for example Husband & Wife partnership). It will not be applicable to limited liability partnership. • Under this Assessment, doctors need not maintain the books required to be kept under Section 44 AA and doctors need not get the accounts audited under Section 44 AB. • All deductions from Section 30 to 38 including depreciation and unabsorbed depreciation and allowances shall be deemed as allowed and written down value of depreciable assets shall be re-computed deducting depreciation which is deemed as allowed. • Kindly note that as a new section is introduced from 2017, Assessment Year 2017-18 and advance tax in the financial year 2016-17 may have to be calculated accordingly. • This scheme may not be advisable for the professionals having some net profit ratio, who pay interest on borrowings, has significant depreciation available.  • Unlike businessmen who are permitted under Section 44 AD to pay the whole of advance tax by March 2015, the same concession is not available to doctors and they will have to pay all 4 installments of advance tax. • Also, there is no provision in Section 44 ADA permitting the professional firms to deduct interest/remuneration paid to partners from the presumptive income offered. Example: If a doctor is earning less than 50 lakh per annum (most of the doctors will come in this bracket) than 25 lakh will be given to them as mandatory allowable expenses with no need for keeping records. Out of the next 25 lakh, they can claim 2-2.5 lakh in various investments and allowable adjustments and to the rest income tax will be applicable. Roughly for an income of Rs. 50 lakh, Rs. 5 lakh will be the income tax which in totality comes out to be approx. 10% of the gross income. When we professionals are ready to give 20-30% of our gross income fee to the corporate sector who provides us the space to have the OPD, paying 10% tax is a peanut and results in no income tax worries.