VAT in India V/s VAT in other countries

CS LLB Pulkit Gupta (https://www.facebook.com/pages/Life-and-Promises/553962034682487)   (16631 Points)

02 December 2010  

 

Purpose and Contents of Article

  • The Purpose of this article is to compare VAT system in India with other countries.
  • It will also cover state wise details of VAT System existing in India.
  • I will try to compile links to various VAT forms in this article.
  • It covers Merits and Demerits of VAT System.
  • It will also cover scope of VAT.

VAT- Meaning

value added tax (VAT) is a form of consumption tax. It is a tax on the "value added" to a product or material, from an accounting view, at each stage of its manufacture or distribution. The "value added" to a product by a business is the sale price charged to its customer, minus the cost of materials and other taxable inputs. A VAT is like a sales tax in that ultimately only the end consumer is taxed. It differs from the sales tax in that, with the latter, the tax is collected and remitted to the government only once, at the point of purchase by the end consumer. With the VAT, collections, remittances to the government, and credits for taxes already paid occur each time a business in the supply chain purchases products from another business. The reason businesses end up paying no tax is that at the time they sell the product, they receive a credit for all the tax they have paid to suppliers.

Personal end-consumers of products and services cannot recover VAT on purchases, but businesses are able to recover VAT (input tax) on the products and services that they buy in order to produce further goods or services that will be sold to yet another business in the supply chain or directly to a final consumer. In this way, the total tax levied at each stage in the economic chain of supply is a constant fraction of the value added by a business to its products, and most of the cost of collecting the tax is borne by business, rather than by the state. Value Added Taxes were introduced in part because they create stronger incentives to collect than a sales tax does. Both types of consumption tax create an incentive by end consumers to avoid or evade the tax. But the sales tax offers the buyer a mechanism to avoid or evade the tax--persuade the seller that he is not really an end consumer, and therefore the seller is not legally required to collect it. The burden of determining whether the buyer's motivation is to consume or re-sell is on the seller, but the seller has no direct economic incentive to the seller to collect it. The VAT approach gives sellers a direct financial stake in collecting the tax, and eliminates the problematic decision by the seller about whether the buyer is or is not an end consumer.

VAT V/s Sales Tax

 

Value added tax (VAT) avoids the cascade effect of sales tax by taxing only the value added at each stage of production. For this reason, throughout the world, VAT has been gaining favour over traditional sales taxes. In principle, VAT applies to all provisions of goods and services. VAT is assessed and collected on the value of goods or services that have been provided every time there is a transaction (sale/purchase). The seller charges VAT to the buyer, and the seller pays this VAT to the government. If, however, the purchaser is not an end user, but the goods or services purchased are costs to its business, the tax it has paid for such purchases can be deducted from the tax it charges to its customers. The government only receives the difference; in other words, it is paid tax on the gross margin of each transaction, by each participant in the sales chain.

In many developing countries such as India, sales tax/VAT are key revenue sources as high unemployment and low per capita income render other income sources inadequate. However, there is strong opposition to this by many sub-national governments as it leads to an overall reduction in the revenue they collect as well as a loss of some autonomy.

Sales tax is normally charged on end users (consumers). The VAT mechanism means that the end-user tax is the same as it would be with a sales tax. The main difference is the extra accounting required by those in the middle of the supply chain; this disadvantage of VAT is balanced by application of the same tax to each member of the production chain regardless of its position in it and the position of its customers, reducing the effort required to check and certify their status. When the VAT system has few, if any, exemptions such as with GST in New Zealand, payment of VAT is even simpler.

A general economic idea is that if sales taxes exceed 10%, people start engaging in widespread tax evading activity (like buying over the Internet, pretending to be a business, buying at wholesale, buying products through an employer etc.) On the other hand, total VAT rates can rise above 10% without widespread evasion because of the novel collection mechanism However, because of its particular mechanism of collection, VAT becomes quite easily the target of specific frauds like carousel fraud, which can be very expensive in terms of loss of tax incomes for states.

 

Principle of VAT

The standard way to implement a VAT involves assuming a business owes some percentage on the price of the product minus all taxes previously paid on the good. If VAT rates were 10%, an orange juice maker would pay 10% of the £5 per litre price (£0.50) minus taxes previously paid by the orange farmer (maybe £0.20). In this example, the orange juice maker would have a £0.30 tax liability. Each business has a strong incentive for its suppliers to pay their taxes, allowing VAT rates to be higher with less tax evasion than a retail sales tax. Behind this simple principle are the variations in its implementations, as discussed in the next section.

 

 

Basis for VAT

 

By the method of collection, VAT can be accounts-based or invoice-based. Under the invoice method of collection, each seller charges VAT rate on his output and passes the buyer a special invoice that indicates the amount of tax charged. Buyers who are subject to VAT on their own sales (output tax), consider the tax on the purchase invoices as input tax and can deduct the sum from their own VAT liability. The difference between output tax and input tax is paid to the government (or a refund is claimed, in the case of negative liability). Under the accounts based method, no such specific invoices are used. Instead, the tax is calculated on the value added, measured as a difference between revenues and allowable purchases. Most countries today use the invoice method, the only exception being Japan, which uses the accounts method.

By the timing of collection, VAT (as well as accounting in general) can be either accrual or cash based. Cash basis accounting is a very simple form of accounting. When a payment is received for the sale of goods or services, a deposit is made, and the revenue is recorded as of the date of the receipt of funds — no matter when the sale had been made. Cheques are written when funds are available to pay bills, and the expense is recorded as of the cheque date — regardless of when the expense had been incurred. The primary focus is on the amount of cash in the bank, and the secondary focus is on making sure all bills are paid. Little effort is made to match revenues to the time period in which they are earned, or to match expenses to the time period in which they are incurred. Accrual basis accounting matches revenues to the time period in which they are earned and matches expenses to the time period in which they are incurred. While it is more complex than cash basis accounting, it provides much more information about your business. The accrual basis allows you to track receivables (amounts due from customers on credit sales) and payables (amounts due to vendors on credit purchases). The accrual basis allows you to match revenues to the expenses incurred in earning them, giving you more meaningful financial reports.

 

Criticisms

 

The "value-added tax" has been criticized as the burden of it relies on personal end-consumers of products.Some critics consider it to be a regressive tax,meaning the poor pay more, as a percentage of their income, than the rich. Defenders argue that excising taxation through income is an arbitrary standard, and that the value-added tax is in fact a proportional tax in that people with higher income pay more at the same rate that they consume more. The effective progressiveness or regressiveness of a VAT system can also be affected when different classes of goods are taxed at different rates. To maintain the progressive nature of total taxes on individuals, countries implementing VAT have reduced income tax on lower income-earners, as well as instituted direct transfer payments to lower-income groups, resulting in lower tax burdens on the poor.

 

Revenues from a value added tax are frequently lower than expected because they are difficult and costly to administer and collect. In many countries, however, where collection of personal income taxes and corporate profit taxes has been historically weak, VAT collection has been more successful than other types of taxes. VAT has become more important in many jurisdictions as tariff levels have fallen worldwide due to trade liberalization, as VAT has essentially replaced lost tariff revenues. Whether the costs and distortions of value added taxes are lower than the economic inefficiencies and enforcement issues (e.g. smuggling) from high import tariffs is debated, but theory suggests value added taxes are far more efficient.

Certain industries (small-scale services, for example) tend to have more VAT avoidance, particularly where cash transactions predominate, and VAT may be criticized for encouraging this. From the perspective of government, however, VAT may be preferable because it captures at least some of the value-added. For example, a carpenter may offer to provide services for cash (i.e. without a receipt, and without VAT) to a homeowner, who usually cannot claim input VAT back. The homeowner will hence bear lower costs and the carpenter may be able to avoid other taxes (profit or payroll taxes). The government, however, may still receive VAT for various other inputs (lumber, paint, gasoline, tools, etc.) sold to the carpenter, who would be unable to reclaim the VAT on these inputs (unless of course the carpenter also has at least some jobs done with receipt, and claims all purchased inputs to go to those jobs). While the total tax receipts may be lower compared to full compliance, it may not be lower than under other feasible taxation systems.

Because exports are generally zero-rated (and VAT refunded or offset against other taxes), this is often where VAT fraud occurs. In Europe, the main source of problems is called carousel fraud. Large quantities of valuable goods (often microchips or mobile phones) are transported from one member state to another. During these transactions, some companies owe VAT, others acquire a right to reclaim VAT. The first companies, called 'missing traders' go bankrupt without paying. The second group of companies can 'pump' money straight out of the national treasuries. This kind of fraud originated in the 1970s in the Benelux-countries. Today, the British treasury is a large victim. There are also similar fraud possibilities inside a country. To avoid this, in some countries like Sweden, the major owner of a limited company is personally responsible for taxes. This is circumvented by having an unemployed person without assets as the formal owner.

VAT Systems

1. European Union

 

The European Union Value Added Tax (EU VAT) is a value added tax encompassing member states in the European Union Value Added Tax Area. Joining in this is compulsory for member states of the European Union. As a consumption tax, the EU VAT taxes the consumption of goods and services in the EU VAT area. The EU VAT's key issue asks where the supply and consumption occurs thereby determining which member state will collect the VAT and which VAT rate will be charged.

Each Member State's national VAT legislation must comply with the provisions of EU VAT law as set out in Directive 2006/112/EC. This Directive sets out the basic framework for EU VAT, but does allow Member States some degree of flexibility in implementation of VAT legislation. For example different rates of VAT are allowed in different EU member states. However Directive 2006/112 requires Member states to have a minimum standard rate of VAT of 15% and one or two reduced rates not to be below 5%. Some Member States have a 0% VAT rate on certain supplies- these Member States would have agreed this as part of their EU Accession Treaty (for example, newspapers and certain magazines in Belgium). The current maximum rate in operation in the EU is 25%, though member states are free to set higher rates.

VAT that is charged by a business and paid by its customers is known as "output VAT" (that is, VAT on its output supplies). VAT that is paid by a business to other businesses on the supplies that it receives is known as "input VAT" (that is, VAT on its input supplies). A business is generally able to recover input VAT to the extent that the input VAT is attributable to (that is, used to make) its taxable outputs. Input VAT is recovered by setting it against the output VAT for which the business is required to account to the government, or, if there is an excess, by claiming a repayment from the government.

The VAT Directive (prior to 1 January 2007 referred to as the Sixth VAT Directive) requires certain goods and services to be exempt from VAT (for example, postal services, medical care, lending, insurance, betting), and certain other goods and services to be exempt from VAT but subject to the ability of an EU member state to opt to charge VAT on those supplies (such as land and certain financial services). Input VAT that is attributable to exempt supplies is not recoverable, although a business can increase its prices so the customer effectively bears the cost of the 'sticking' VAT (the effective rate will be lower than the headline rate and depend on the balance between previously taxed input and labour at the exempt stage).

 

2. Denmark

In Denmark, VAT is generally applied at one rate, and with few exceptions is not split into two or more rates as in other countries (e.g. Germany), where reduced rates apply to essential goods such as foodstuffs. The current standard rate of VAT in Denmark is 25%. That makes Denmark one of the countries with the highest value added tax, alongside Norway and Sweden. A number of services has reduced VAT, for instance public transportation of private persons, health care services, publishing newspapers, rent of premises (the lessor can, though, voluntarily register as VAT payer, except for residential premises), and travel agency operations.

3.Finland

In Finland, the standard rate of VAT is 23%, along with all other VAT rates, excluding the zero rate. In addition, two reduced rates are in use: 12% (reduced in October 2009 from 17% for non-restaurant food, from July 2010 will encompass restaurant food also), which is applied on food and animal feed, and 8%, which is applied on passenger transportation services, cinema performances, physical exercise services, books, pharmaceuticals, entrance fees to commercial cultural and entertainment events and facilities. Supplies of some goods and services are exempt under the conditions defined in the Finnish VAT Act: hospital and medical care; social welfare services; educational, financial and insurance services; lotteries and money games; transactions concerning bank notes and coins used as legal tender; real property including building land; certain transactions carried out by blind persons and interpretation services for deaf persons. The seller of these tax-exempt services or goods is not subject to VAT and does not pay tax on sales. Such sellers therefore may not deduct VAT included in the purchase prices of his inputs.

4.Iceland

In Iceland, VAT is split into two levels: 25.5% for most goods and services but 7% for certain goods and services. The 7% level is applied for hotel and guesthouse stays, licence fees for radio stations (namely RÚV), newspapers and magazines, books; hot water, electricity and oil for heating houses, food for human consumption (but not alcoholic beverages), access to toll roads and music.

5.Norway

In Norway, VAT is split into three levels: 25% is the general VAT, 14% (formerly 13%, up on January 1, 2007) for foods and restaurant take-out (food eaten in a restaurant has 25%), 8% for person transport, movie tickets, and hotel stays. Books and newspapers are free of VAT, while magazines and periodicals with a less than 80% subscriptttion rate are taxed. Svalbard has no VAT because of a clause in the Svalbard Treaty. Cultural events are excluded from VAT.

6.Sweden

In Sweden, VAT is split into three levels: 25% for most goods and services including restaurants bills, 12% for foods (incl. bring home from restaurants) and hotel stays (but breakfast at 25%) and 6% for printed matter, cultural services, and transport of private persons. Some services are not taxable for example education of children and adults if public utility, and health and dental care, but education is taxable at 25% in case of courses for adults at a private school. Dance events (for the guests) have 25%, concerts and stage shows have 6%, and some types of cultural events have 0%.

 

7. Mexico

 

Value added tax is a tax applied in Mexico and other countries of Latin America. In Chile it is also called Impuesto al Valor Agregado and in Peru it is called Impuesto General a las Ventas or IGV.

Prior to the IVA, a sales tax (Spanishimpuesto a las ventas) had been applied in Mexico. In September 1966, the first attempt to apply the IVA took place when revenue experts declared that the IVA should be a modern equivalent of the sales tax as it occurred in France. At the convention of the Inter-American Center of Revenue Administrators in April and May 1967, the Mexican representation declared that the application of a value added tax would not be possible in Mexico at the time. In November 1967, other experts declared that although this is one of the most equitable indirect taxes, its application in Mexico could not take place.

In response to these statements, direct sampling of members in the private sector took place as well as field trips to European countries where this tax was applied or soon to be applied. In 1969, the first attempt to substitute the mercantile-revenue tax for the value added tax took place. On December 29, 1978 the Federal government published the official application of the tax beginning on January 1, 1980 in theOfficial Journal of the Federation.

As of 2010, the general VAT rate is 16%. This rate is applied all over Mexico except for the region bordering the United States, where the rate is 11%. The main exemptions are for books, food, and medicines on a 0% basis. Also some services are exempt like a doctor's medical attention.



8. New Zealand

Goods and Services Tax (GST) is a Value Added Tax introduced in New Zealand in 1986, which is currently 15%. It is notable for exempting few items from the tax. Before the increase on 1 October 2010 GST was 12.5%.



9. Australia

Goods and Services Tax (GST) is a Value Added Tax introduced in Australia in 2000, which is collected by the Federal Government but a percentage is given to the State Governments. The Australian Constitution restricts the ability of individual States to collect excises or sales taxes. Whilst the rate is currently set at 10%, there are many domestically consumed items that are effectively zero-rated (GST-free) such as fresh food, education, and health services, as well as exemptions for Government charges and fees that are themselves in the nature of taxes.



10. Canada



11. United States

Most states have a retail sales tax charged to the end buyer only. Unlike in the VAT, wholesale sales and sales of raw materials or unfinished goods are not taxed. A common misconception is that sales to businesses are untaxed. Sales to businesses are taxed if the business (or its workers) are the end users of a consumer good.

State sales taxes range from 0%-13% and municipalities often add an additional tax in the form of a local sales tax.[8] In most stores, the price tags and/or advertised prices do not include the taxes, and the taxes are added at the cash register before the customer pays. In some states, no sales tax is charged for services. (In many states, a use tax is imposed on items ordered online or purchased in a state with lower or no sales tax, and brought into the taxpayer's home state.) This is a key difference between most sales taxes levied throughout the United States and the value added tax system in many other countries.

In the United States, the state of Michigan used a form of VAT known as the "Single Business Tax" (SBT) as its form of general business taxation. It is the only state in the United States to have used a VAT. When it was adopted in 1975, it replaced seven business taxes, including a corporate income tax. On August 9, 2006, the Michigan Legislature approved voter-initiated legislation to repeal the Single Business Tax, which became effective January 1, 2009.

House Speaker Nancy Pelosi stated in October 2009 that a new, national VAT was "on the table" to help the federal government garner needed revenues.After her speech, the Americans for Tax Reform group urged the public to contact their members of Congress to oppose this potential measure. President Barack Obama was reported to be open to a national VAT. One day later, US Treasury Secretary Tim Geithner stated that President Obama does not support a VAT for the US.

Robert J. Samuelson has estimated that a VAT would need to be about 16 percent because, although an 8 percent VAT would theoretically suffice, there would be huge pressures to exempt groceries, rent and housing, health care, education, and charitable groups.

12. INDIA

 

A. Delhi VAT

 

Dvat form for delhi vat

 
Source

/forum/vat-forms-for-delhi-62749.asp

Department of Value Added Tax Rules 2004 Government of NCT of Delhi

1. Form DVAT 01 (Application For Opting For Composition Scheme)
2. Form DVAT 02 Application For Opting For Composition Scheme
3. Form DVAT 03 Application For Withdrawal From Composition Scheme
4. Form DVAT 04 Application for Registration under Delhi Value Added Tax Act, 2004
5. Form DVAT 05 Notice Proposing Rejection of Registration Application
6. Form DVAT 06 Certificate of Registration for under Delhi Value Added Tax Act, 2004
7. Form DVAT 07
8. Form DVAT 08 Amendment of existing registration
9. Form DVAT 09 Application for Cancellation of Registration under Delhi Value Added Tax Act, 2004
10. Form DVAT 10 Show Cause Notice for Cancellation of Registration
11. Form DVAT 11 Cancellation of Registration
12. Form DVAT 12 Form for furnishing Security
13. Form DVAT 13 Application for return, release or discharge of security
14. Form DVAT 14 Notice for forfeiture and insufficiency of security
15. Form DVAT 15 Order of forfeiture of security
16. Form DVAT 16 filling Return Form
17. Form DVAT 17 Composition Tax Return Form under the Delhi Value Added Tax Act, 2004
18. Form DVAT 18  Statement of Tax paid Stock in hand on April 1, 2005
19. Form DVAT 19 Statement of Trading Stock and Raw Material as on the date of registration
20. Form DVAT 20 Challan for Delhi Value Added Tax
21. Form DVAT 21 Delhi Value Added Tax Refund Claim Form


 
Form DVAT 21 A Notice for furnishing security for granting refund
22. Form DVAT 22 Refund order
23. Form DVAT 23 Delhi Value Added Tax Refund Form
24. Form DVAT 24  Notice of default assessment of tax and interest under section 32


 
Form DVAT 24 B
25. Form DVAT 25 Recovery Certificate


 
Form DVAT 25 A 
26. Form DVAT 26 Continuation of Recovery Proceedings
27. Form DVAT 27 Notice for special mode of recovery under section 46 of the Delhi Value Added Tax Act, 2004
28. Form DVAT 28 Summons to appear in person/ or to produce documents
29. Form DVAT 29  Notice for redeeming goods
30. Form DVAT 30 Specimen of Purchase / inward Branch transfer Register
31. Form DVAT 31 Specimen of Sales / outward Branch Transfer Register
32. Form DVAT 32 Goods Transport Receipt
33. Form DVAT 33 Delivery Note
34. Form DVAT 34 Export Declaration
35. Form DVAT 35 Import Declaration
36. Form DVAT 36 Undertaking cum Indemnity by Purchasing Dealer
37. Form DVAT 37 Notice for Audit of Business Affairs
38. Form DVAT 38 Objection Form under Delhi Value Added Tax Act, 2004


 
Form DVAT 38 A


 
Form DVAT 38 B


 
Form DVAT 38 C
39. Form DVAT 39  Application for Condonation of Delay under Delhi Value Added Tax Act, 2004
40. Form DVAT 40 Decision of the Commissioner in respect of an objection
41. Form DVAT 41 Notice of delay in deciding an objection
42. Form DVAT 42 Application for Determination of Specific Question under Delhi Value Added Tax Act, 2004
43. Form DVAT 43 Certificate of Deduction of Tax At Source under Delhi Value Added Tax Act, 2004
44. Form DVAT 44 Application for allotment of Tax Deduction Account Number (TAN) under Delhi Value Added Tax Act, 2004
45. Form DVAT 45 Tax Deduction Account Number (TAN) Certificate under Delhi Value Added Tax Act, 2004
46. Form DVAT 46 Application For Obtaining Form DVAT 34 or DVAT 35
47. Form DVAT 47 Receipt for security deposited under sub-section (5) of section 61 of the Delhi ValueAdded Tax Act, 2004
48. Form DVAT 48 Form of Annual Return by the Contractee for the year ________
49. Form DVAT 49 Certificate of Enrolment as a Value Added Tax Practitioner
50. Form DVAT 50 Grant of Authority by the Commissioner
51. Form DVAT 51 Annual Return Statement of Exports/ Inter-State Sales/ Branch Transfer for the year ___________
52. Form DVAT 52 Declaration of Permanent Account Number under section 95
53. Form DVAT 53 Statement of Partly Executed Works Contracts as on 31st March 2005, where thecontracts were inclusive of tax payable under the Delhi Sales Tax on WorksContract Act, 1999
54. Form DVAT 54 Details of partly executed contracts as on 31ST March 2005 which have beenexecuted during the tax period ending
55. Form DVAT 55 Intimation for change of tax period


 
VAT Guide

/forum/files_download.asp?msg_id=553952

Source- Anand
 
UP VAT Form 26
/forum/files_download.asp?msg_id=551799
Source- Manoj Garg
 
VAT Composition scheme
/forum/files_download.asp?msg_id=533973
Source- Gaurav Behal