A BRIEF DISCUSSION OF THE PREVIOUS CLASS (5:02 PM)
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IGST
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IGST is a system under Article 269A
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IGST proceeds are shared outside the consolidated fund and the sharing mechanism will be decided by the GST Council
CESS AND SURCHARGE (5:18 PM)
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As per Article 270, cesses and surcharges are not made part of the divisible pool of taxes, i.e. the center will not share cess and surcharge proceeds with the states
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Cess |
Surcharge |
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Cess is levied for a specific purpose i.e., cess proceeds cannot be used for any other purposes. For example, education cess proceeds should be used for education
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The surcharge is defined under Article 271. It is a tax on tax to reduce the disparity between rich and poor. In India, the surcharge is levied on income above Rs 50 lakh
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Cess proceeds will not be shared with states
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The surcharge is also not shared with states
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Cess is levied on tax liability plus the surcharge
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The surcharge is on tax liability
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CONCEPTS RELATED TO TAXATION (5:41 PM)
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Cascading effect
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It is a tax on tax and increases the cost of production
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It is seen as an inefficient tax mechanism
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Tax evasion
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It is an illegal activity in which a person or entity deliberately escapes from paying tax
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Tax avoidance
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It is the use of legal methods to minimize the amount of tax liability by an individual or a business by claiming as many deductions as possible
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For example, the Vodafone case
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Transfer pricing
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It is a pricing mechanism between two known entities (between the related legal entity situated in different countries)
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It is used as a mechanism to shift profits from countries with a high tax rate to countries with low tax rates (tax heaven)
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Base erosion and profit shifting
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Company shift their profits to other tax jurisdictions having lower tax rates, thereby eroding the tax base in India
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Tax buoyancy
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It measures actual or observed changes in tax revenue relative to that of the GDP
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Tax buoyancy = Proportionate change in tax revenue / Proportionate change in GDP
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ΔT = Change in tax revenue
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ΔG= Change in GDP
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Here the change in tax can be due to an automatic increase or due to discretionary changes or both
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A change in the tax rate may lead to a change in tax revenue
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Change in coverage i.e. bringing a new group of items into the tax base are discretionary changes
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Tax elasticity = ΔAT/ΔGDP
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Proportionate change in tax revenue without any discretionary changes, relative to GDP is called tax elasticity
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It is calculated after setting aside changes in tax revenue due to discretionary changes (adjusted tax revenue)
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For example, change in GDP = 10%, change in tax revenue = 20% (automatic change 10%, discretionary change 10%)
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Then, tax buoyancy = 20/10 = 2 and tax elasticity = 10/10 = 1
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Methodology of taxing (6:35 PM)
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Taxing can be based on, the principle of equity e.g. progressive taxing
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Progressive taxing
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If the tax rate increases with an increase in the size of the tax base e.g. income tax
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In income tax, the base is the income of the individual
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Progressive taxing helps in ensuring economic equality
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New income tax slab:
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Income (in lakhs) |
Tax rate (%) |
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0-3 |
Nil |
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3-6 |
0 |
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6-9 |
5 |
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9-12 |
10 |
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12-15 |
20 |
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Above 15 |
30 |
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Here, the percentage of the tax rate, as well as the absolute amount of tax increases with an increase in the size of the tax base
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Proportional tax
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Tax is levied as a percentage of the tax base irrespective of the size of the tax base at a uniform rate
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Here, the percentage of tax remains the same but the absolute amount of tax increases with an increase in the size of the tax base
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For example, corporate tax
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Regressive tax
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It is when the tax rate decreases with an increase in the tax base (income/profit)
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Here, the percentage of tax rate decreases, but the absolute amount of tax increases with an increase in the size of the tax base
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Indirect taxes are seen as regressive in nature as poor people pay a higher proportion of their income as tax
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Goods can also be taxed based on ad-valorem or specific tax
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Ad-valorem
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If tax is levied as a percentage of the value of goods, regardless of the number of units produced/sold/imported
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For example, for a 10% tax on the value of a car, tax revenue will increase with the increase in price
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If the price of a car is Rs 2 lakhs, the tax amount is Rs 20000, and if the car price increase to 4 lakhs, then the tax amount collected is Rs 40000
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Specific tax
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If tax is levied at a flat rate per unit of goods produced/sold/imported regardless of value, then it is called specific duty
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For example, Rs 2/Kg of iron, Rs 3/meter of cloth, etc.
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Here, the revenue increases only with the number of units and not the value
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In the above example, if the car price increase from Rs 2 lakhs to Rs 4 lakhs and the government collects a tax of Rs 10000/car, the tax revenue will only increase if the sales of the car increases
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In some cases, both types of taxing can be levied on the same good
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For example, Rs 10000/car plus 10% on the value of the car
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Classification of taxes (7:28 PM)
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Direct Tax
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Impact and incidence of tax are at a different point
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Indirect tax
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Impact and incidence of tax are at a different point
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In a welfare state, where the focus is on inclusiveness, the proportion of indirect tax rate should not be high due to its regressive nature
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Value Added Tax (VAT)
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The cascading effect of taxation in the manufacturing process inflates the price and increases the burden of indirect tax
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To overcome such an effect of excise duty levied on the manufacturing process, Manufacturing VAT or Man-VAT was introduced
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Man-VAT will tax only the value added during the manufacturing process and does away with the cascading effect of excise duty.
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Later, Man-VAT was changed to Modified VAT and again converted into CENVAT (Central VAT)
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Now, this CENVAT is merged with the GST
The topic for the next class: Continuation of the taxation system