Friday, 20 November 2015

“Swachh Bharat Cess”

  • Introduction

SBC is tax in addition to Service Tax which shall be levied and collected in accordance with the provisions of Chapter VI of the Finance Act, 2015,called “Swachh Bharat Cess”.
SBC has been imposed for the purposes of financing and promoting Swachh Bharat initiatives by government.
  • Applicable Rate

SBC is additional levy of 0.50% on all the taxable service with effect from 15th November 2015. SBC would be calculated in the same way as Service tax is calculated.
  • Treatment
Swachh Bharat Cess will be levied only on taxable services. This means SBC will not be imposed on exempted services and non -taxable service in Negative list. 
  • Separate Disclosure

SBC needs to be charged separately on the invoice, accounted for separately in the books of account. SBC may be charged separately after service tax as a different line item in invoice. It can be accounted and treated similarly to Education cesses.
  • Journal Entry

1
Under Normal service tax treatment
India Motors……………………. Dr
          To, Sales – Service
          To, Service Tax
          To, SBC
(Being - sale of service to India Motors)

1,00,000


18,825
14,000
500
2
Under Reverse charge mechanism
Transportation  Charges………Dr
           To, Bank a/c
           To, Service Tax*
           To, SBC**
(Being - Transportation charges paid)

50,000


47,825
2,100
75
3
Payment
Service Tax…………………………Dr
SBC…………………………………….Dr
           To, Bank a/c
(Being - Service tax paid)

16,100
575




      16,675




















Note:
*Under reverse charge mechanism for Goods transport agencies, service tax will be
charged for service recever at the rate of 0.042%(i.e.,14%x30%)


**For SBC the rate under Reverse charge mechanism, SBC rate will be 0.0015%(i.e.,0.50%x30%)
  • Credit of SBC cannot be availed. Further, SBC cannot be paid by utilizing credit of any other duty or tax.
          No Input Credit

  • Point Of Taxation

Date of Completion of Service
Date of issue of invoice
Date of receipt of payment
Effective rate
Before 15/11/2015
After 15/11/2015
After 15/11/2015
14.50%
Before 15/11/2015
Before 15/11/2015
After 15/11/2015
14%
Before 15/11/2015
After 15/11/2015
Before 15/11/2015
14%
After 15/11/2015
Before 15/11/2015
After 15/11/2015
14.50%
After 15/11/2015
Before 15/11/2015
Before 15/11/2015
14%
After 15/11/2015
After 15/11/2015
Before 15/11/2015
14.50%

  • Computation under reverse charge mechanism

As per Finance Act, 2015, the provisions of Chapter V of the Finance Act, 1994, and the rules made there under are applicable to SBC also. I.e., the reverse charge under the Finance Act, 1994, is made applicable to SBC.

  • Computation in case of Abatement

Taxable services, on which service tax is levied on a certain percentage of value of taxable service, will attract SBC on the same percentage of value as applicable for service tax.
For example, in the case of GTA, computation would be (14% Service Tax + 0.5% SBC) X 30% = 4.35% (4.20%+0.15%) 
  • Conclusion
Although SBC is referred to as Cess, it is levied on value of taxable service not on Service tax amount. By this the effective rate of Service tax rate will be 14.5%, which is increased from earlier rate 14%