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COMPENSATION FOR STATES FOR REVENUE LOSS FROM GST REFORMS

The GST Compensation Cess is an additional tax levied on specific goods and services to compensate states for revenue losses incurred due to the implementation of GST. It was introduced because GST is a consumption-based tax, causing manufacturing states to lose revenue. Initially for five years, its collection has been extended to March 31, 2026.

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Picture Courtesy:  THE HINDU

Context

The proposed GST reform to simplify the tax structure is expected to result a short-term drop in revenue for states, raising the demand for extending the compensation cess.

GST REFORM: SIGNIFICANCE, CHALLENGES AND WAY FORWARD

What is GST Compensation CESS?  

GST Compensation Cess, governed by the GST (Compensation to States) Act 2017, is a tax levied on specific goods and services to compensate states for revenue shortfalls resulting from the shift to the GST system.  

  • Revenue from the Cess is deposited into the Goods and Services Tax Compensation Fund.

What is a Cess?

It is a form of tax levied by the government on taxpayers, over and above their existing tax liability, for a specific purpose.

Unlike general tax revenues, which the government can use for any purpose, the funds collected from a cess are reserved for a designated goal

Discontinued once the government raises the required funds for its intended purpose.

Central government is not legally required to share cess proceeds with state governments.

List of Products currently under the GST Compensation Cess

  • Pan masala
  • Tobacco, tobacco products, and tobacco substitutes
  • Coal, briquettes, ovoids, and similar solid fuels manufactured from coal, also includes lignite and peat.
  • Aerated waters
  • All luxury cars and Motorcycles of engine capacity exceeding 350 cc.
  • Other aircraft (e.g., helicopters, airplanes) for personal use.
  • Yachts and other vessels for pleasure or sports.
  • Some specified goods under the GST regime.

Compensation formula: State's tax revenue from the financial year 2015-16 serves as the benchmark.

  • Central government assumes a 14% annual growth rate on the base revenue for each financial year.
  • Actual GST revenue collected by a state is subtracted from its projected revenue.
  • If the actual revenue is lower, the central government compensates the state for the shortfall.

Initially introduced for five years (ending June 2022), however, extended to March 2026, mainly to repay ₹2.69 lakh crore loans taken during the COVID-19 pandemic.

  • Centre borrowed (₹1.1 lakh crore in FY 2020-21 and ₹1.59 lakh crore in FY 2021-22) and passed them to states as loans, covering revenue shortfalls during the COVID-19 pandemic.
  • Government plan to end the cess collection, possibly by October 31, 2025, as pandemic-era loan repayments near completion.  

Recent GST Reform Proposal and its expected impact  

Rate Cut: Simplifying GST rate structure from its current multi-tier system to a two-tier structure of 5% and 18%, with a separate higher rate applicable only on a limited set of luxury or demerit goods.

Maintenance of Revenue (Long-Term Strategy)

  • Higher rates (around 40%) on sin goods and luxury goods will help recover some revenue.
  • Lower tax rates on essential goods and durables will increase consumption.
  • Increased compliance and formal billing systems will reduce leakages.
  • Growing compliance and increased demand will largely offset the initial revenue dip.
  • Reforms also aim to attract more manufacturing and investment into India.

Lower Average Tax Rate: Average tax rate was around 15% before GST and reduced to about 11.5% after GST implementation and next rate cuts, is estimated to drop to 10% after these proposed cuts. (Source: The Hindu)

Challenges related to Recent Proposal

Revenue Loss from Rate Cuts: Proposed rate cuts will lead to a real short-term revenue impact. Estimates suggest a potential impact of ₹60,000 crore to ₹1,00,000 crore per year, about 0.2-0.3% of GDP. (Source: The Hindu)

Uneven Revenue Impact on States: GST revenue distribution is not equal among states, thus the impact of tax cuts.

  • Manufacturing and service-heavy states with strong urban centers, like Maharashtra, Karnataka, and Tamil Nadu, will experience a visible hit to their immediate GST revenue collection
  • States more dependent on agriculture, such as Bihar or Uttar Pradesh, may not experience revenue dent, as their consumption basket mainly includes essentials already exempted or in lower slabs.
  • Smaller, less industrialized states receive a negligible share of total GST collections.

Expiry of Compensation Guarantee: Centre compensation guarantee for revenue losses has now ended. 

  • Relying on regular compensation from the Centre for taxation losses is not a sustainable long-term option for a country like India.

Concern Regarding Reforms: States feel nervousness about the rate cuts and rationalization, however, they need to understand the long-term benefits of such tax reforms.

Potential Disagreements within the GST Council: PM announced GST consensus proposal, however GST council is still to discuss "rate and products" category, and compensation to state for loss.

  • Disagreements might arise over products' slab classifications (e.g., 5% or 18%) or the effective date of the changes.

Way Forward

New Compensation Mechanism: Despite the end of the guarantee period, a mechanism to compensate states is necessary due to the unequal distribution of GST revenue, especially for smaller, less industrialized states.

  • Alternatives include a mechanism within the Consolidated Fund of India, providing support through special packages.
  • Creating a separate contingency fund where a part of GST could go, allowing the GST Council to allocate funds based on a state's specific situation.

Strengthen State Fiscal Autonomy: States must prioritize developing self-sufficient revenue generation systems.

  • Improving internal tax administration, plugging leakages, broadening their tax base, and actively attracting investment.

Adopt "Next Gen GST" Reforms Strategically: Simplified two-slab GST structure (5% and 18%) aim to enhance affordability, boost consumption, reduce classification disputes, and improve ease of doing business.

  • States must understand the long-term economic benefits and collaborate for successful implementation.

Ensure Equitable Revenue Distribution: GST Council must address the unequal impact of GST revenue distribution and rate changes across states. Future reforms and support mechanisms should ensure fairness and balanced development.

Source:  THE HINDU

PRACTICE QUESTION

Q. The GST Council is a classic example of cooperative federalism. Critically analyze. 250 words

Frequently Asked Questions (FAQs)

The GST, implemented on July 1, 2017, replaced multiple indirect taxes like excise duty, VAT, service tax, and entry tax. It aims to streamline taxation, eliminate the cascading effect, and create a single national market.

GST Compensation Cess is an additional tax levied on certain goods and services to cover states’ losses in revenue due to the implementation of GST.

It was introduced to compensate manufacturing states (like Maharashtra, Gujarat, Tamil Nadu, Haryana, Karnataka) that faced revenue loss because GST is a consumption-based tax, with revenue going to the consuming state. 

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