GST Rules for Start-ups in India
GST Rules for Start-ups in India
https://www.imprezz.in/ | Imprezz
The Goods and Services Tax (GST) implementation has primarily impacted
the way start-ups operated in India. It has significantly increased the
number of new start-ups in the past three years of successful
implementation. The advent of a new tax regime was crucial to abolish
various indirect taxes. GST rules for startups were introduced with the
slogan “One Nation One Tax” to ease the compliance procedure for MSME,
especially for start-ups.
In this article, we have coupled all the necessary information every start-
up in India must know. The eligibility criteria for start-ups, the impact of
GST benefits for startups, Tax exemptions, consequences of tax evasion,
and more!
Eligibility
for New
Start-ups
in India
A business has to be incorporated or registered in India for about seven
years (ten years for biotech companies) from the date of incorporation.
Annual turnover of business should not exceed INR 25 crore in any of
the previous financial years.
An eligible start-up is a business aiming to work towards innovation,
invention, deployment and commercialization of business processes,
goods or services. Start-ups must be technologically advanced; driven
by intellectual property and technology.
A start-up cannot be formed by reconstruction or break-off of a business
that already exists.
A start-up venture is mandated to obtain an eligibility certificate from
the Inter-Ministerial Board setup.
A start-up can be registered either as a private limited company,
registered partnership or limited liability partnership.
Budget 2021 – Latest Update: Tax exemption for start-ups has been
extended till 31st March 2022, one more year of the tax holiday.
Impact of
GST on
Start-ups
in India –
GST
Benefits
The Goods and Services Tax (GST) in India has successfully subsumed all
the indirect taxes, curating a unified tax system. As mentioned above, the
“One Nation One Tax” regime has created a positive impact on emerging
start-ups. Several start-ups across the nation have been enjoying the
benefits GST has been offering over the years.
GST Registration – Higher Threshold Limit for Start-ups in
India
As per the previous tax system, businesses with a turnover exceeding INR 5
lakh in a financial year (FY) were mandated to register under the VAT system.
Since the GST implementation, companies with a turnover exceeding 40 lakh
(20 lakh for service providers) in a financial year are mandated to
register under the GST regime.
The higher threshold limit under GST aims to provide compliance relief for
small businesses, including startups in India. GST regime has also introduced
the composition scheme for small businesses and entrepreneurs in India,
lowering the amount of tax for start-ups having an annual turnover up to INR
1.5 crore.
Tax Credit on Purchases
Before GST, service-oriented start-ups were supposed to collect and pay
service tax to the government. Since most start-ups in India fall under the
service industry, non-utilization of VAT paid on business transactions was one
of the major concerns. No provisions allowed to claim credits on state VAT
amount paid against the service tax liability.
Since GST has bought several indirect taxes under a single tax system,
availing Input Tax credits is no longer a matter of concern. Start-ups can now
set off taxes paid on their purchases with the taxes p]id on their sales under
the Goods and Services Tax (GST) regime.
Hassle-Free GST Registration & Return Filing Procedures
Over the past decade, India has transformed primarily by moving from
manual operations to digitalization. Businesses no longer have to run around
from one government office to another and submit paper files to obtain a
GST registration number. Digital India has made each process a lot simpler
and extremely quick. Once all the accounts and records under GST are
arranged, getting a registration number is a no brainer task.
Several start-ups undergo the burden to budget-strain; these start-ups can
now benefit from the GST regime. Since its implementation, GST has
increased the threshold limit for registration and tax credits on purchases.
The ease in the return filing processes has brought relief to start-ups and
small businesses in India.
Simplified Tax Calculations
Start-ups often work with a constrained budget; they cannot afford to
allocate different resources to take care of various compliances under Excise,
CST, VAT, Service Tax etc. The GST regime’s advent has instead simplified tax
compliance procedures, thus saving time for start-ups to better focus on
other business operations.
The digital compliance system in India has increased the scope of accounting
software. Imprezz, the GST invoicing and billing software pioneer in India, has
been successfully helping small business tax calculations and return filing.
Leverage accounting automation, do it all with a click of a button.
It is much easier for start-ups dealing with both goods and services to file
single tax returns and pay GST instead of multiple compliances and tax
payment. As per the 22nd GST council meeting held on 6th October 2017,
Start-ups with annual turnover up to INR 1.5 crore can submit quarterly
returns; taxes are paid quarterly. The compliance relief aims to ease the tax
burden for small businesses and start-ups in India.
E-Commerce & Online Start-ups in India
Modern start-ups are primarily driven by technology; most
innovative start-ups today leverage online presence rather than giving it all
into the conventional setups. They transact online, that is, selling products
and services through the internet. E-commerce and other online start-ups
face no complications regarding the inter-state movement of goods as GST is
applicable throughout the country.
Previously, different VAT tax was applicable in different states. For instance,
an online website delivering goods to Karnataka must have the registered
delivery truck and VAT declaration file for that state. The state’s tax
authorities might seize the goods under circumstances where there is a
failure to produce necessary documents.
However, states like Rajasthan, Kerala, and West Bengal treat these suppliers
as facilitators or mediators and do not require registering for VAT. All these
differences in treating supplies usually created confusion in compliances.
GST has subsumed all these under a single tax regime to remove the hassle
of tax compliance.
Increased Efficiency in Logistics
In India, logistics businesses maintained multiple warehouses across states
to rid of the CST and state entry taxes on inter-state movement of goods.
Most warehouses operated below their capacity increasing their operating
costs. Currently, GST has removed the restrictions on inter-state
movement of goods, bringing warehouse consolidation across the nation.
As a result of this, warehouse operators and e-commerce businesses in India
show interest in setting up warehouses in strategic locations. It reduces
unnecessary logistics costs, increasing the profits early for start-ups involved
in the supply of goods through transportation.
Tax Burden on Manufacturing Start-ups in India
Start-ups in the manufacturing industry bear the brunt. Manufacturing
businesses with an annual turnover above INR 1.50 crore were liable to pay
excise tax as per the excise laws in India. However, GST has reduced this
turnover threshold to INR 40 Lakh increasing the tax burden for several
manufacturers.
Tax Exemptions
under the Start-up
India Program
The flawed tax system in
India is a story from the
past. GST has eradicated
all the tax compliance
confusion and eased the
processes for businesses
across the nation. Here are
some of the necessary tax
exemptions allowed for
eligible start-ups in the
country.
1. Tax Holiday for About 3-Years in a Block of 7-Years
Start-ups incorporated between 1st April 2016 and 31st March 2021 are
eligible for this scheme. However, as mentioned above, budget 2021 has
extended the tax holiday for businesses incorporated till 31st March 2022.
These start-ups are eligible to claim a 100% tax rebate on their profits for
three years in a block of seven years, provided their annual turnover
threshold doesn’t exceed INR 25 crores in any financial year. The scheme
aims to help start-ups meet their working capital requirements during the
initial years of incorporation.
2. Tax Exemption on Long-Term Capital Gains
Businesses that invest for long-term capital gain in a fund notified by the
Central Government within six months from the date of transfer of business
assets are exempted from paying taxes on such long-term capital gain under
section 54 EE. The maximum amount a business can invest in specified long-
term assets is INR 50 lakh. For three years, such amount remains invested in
specified funds. In case companies withdraw before the span of 3 years, the
exemption will be revoked respectively.
3. Tax Exemptions on Investments Above the Fair Market
Value
Eligible start-ups above the fair market value are exempted from levying
taxes on investments. These investments include resident angel investors,
funds that are not registered under capital venture funds, and family. Any
investments made by the incubators above the fair market value is also
exempt.
5. Set-Off Carry Forward Losses & Capital Gains
Businesses can carry forward their losses if all the shareholders in an eligible
start-up carrying the voting power on the day in which losses were incurred.
GST has provided relaxations on the previous restriction of holding 51% of
the voting rights remaining unchanged under Section 79 for eligible start-
ups.
Conseque
nces of
Tax
Evasion
under GST
Laws
The GST Council of India has now mandated e-invoicing and digital return
filing processes to curb tax evasion. A practical implementation of GST law
requires strict penalties against offenders. It is crucial to understand the
know-how of the GST laws. Otherwise, start-ups and new businesses might
have a hard time dealing with penalties. Here are some of the common
offences under GST for small business in India and their penalties.
Penalty for not registering under GST
10% or INR 10,000 penalty for tax due, whichever is higher.
Penalty for not issuing GST invoices
10% or INR 10,000 penalty for tax due, whichever is higher.
Penalty for not filing GST returns
10% or INR 10,000 penalty for tax due, whichever is higher.
Penalty for committing fraud under GST
10% or INR 10,000 penalty for tax due, whichever is higher.
Penalty for not filing GST returns in time
The late fee is INR 200/day (INR 100/day under the CGST Act & INR 100/day
under the SGST Act) will be applicable up to a maximum fine of INR 5,000.
Penalty for utilizing the composition scheme even though the start-
up is not eligible
In case of fraud – as per Section 74, a penalty of INR 10,000 or 100% of the
tax due (whichever is higher) will apply.
In case of no fraud – a penalty of INR 10,000 or 10% of the tax due
(whichever is higher) will apply.
Penalty for unlawfully charging higher GST rates
10% or INR 10,000 penalty for tax due, whichever is higher (in case
additionally charged GST amount is not submitted to the government).
Penalty for unlawfully charging lower GST rates
10% or INR 10,000 penalty for tax due, whichever is higher (in case
additionally charged GST amount is not submitted to the government).
Penalty for filing incorrect GST returns
A penalty of INR 25,000
Penalty for issuing incorrect invoices
A penalty of INR 25,000
Penalty for unlawfully charging the wrong GST type
(IGST/CGST/SGST)
There is no penalty charged for this type of tax evasion. Businesses can pay
the right GST amount and claim for a refund on the wrong GST payment
made earlier.
How to
Make the
E-
invoicing
Process
Easier for
Start-ups?
The advent of the GST system in India has impacted mainly small businesses
and start-ups. Most small businesses in India are still struggling to adapt to
digital accounting processes. How can businesses issue correct e-invoices
without hiring an accountant? Can companies successfully handle their
financial operations without a dedicated accounting team?
The answer to these questions is Imprezz, the pioneer of invoicing and billing
software in India. It is one of the leading business intelligence software that
helps start-ups and small businesses generate GST-compliant invoices in just
a few clicks. The software is a cost-effective replacement that allows new
businesses to manage accounting without an accountant. Businesses can
issue e-invoices in only three simple steps by using Imprezz
accounting software.
Create the Invoice
The platform allows you to create multiple invoices in no time. You have to
enter all the necessary details of goods or services supplied to the customer.
The automated accounting system calculates the total value and helps you
add the relevant GST rates applicable. The customizable templates enable
you to edit the invoice template as per your business requirements. Once
you have created the invoice, you can save and generate the invoice, ready
for use.
Send Invoice to the Customer
After creating a GST compliant e-invoice, you can directly send it to your
customer through email or SMS.
Receive Payment on Time
The invoice templates on Imprezz lets you link your bank account details.
Your customer can immediately initiate the transaction and clear the
invoice payment.
In addition to this, your customer can download and save the invoices for
future reference. The software allows you to create and send invoices and
helps manage various accounting tasks like tally,
purchase order management, create and send quotations,
import customer data, and more! The software also provides timely reports
and business insights that fasten the decision-making process and develop
business strategies.
Conclusion
Execution plays a vital role in bringing ideas to life. Similarly, GST plays the
same position in implementing an effective tax system that intents to create
a positive impact for businesses in India. Moreover, the new
tax calculation system is better than the old, inefficient tax system as it is
facilitative and efficient. It is fair to conclude that GST is playing a significant
role in boosting start-ups in India to achieve its full potential.
If you are a new start-up struggling with accounting tasks, GST returns filing
and adapting to the digital processes, let us run the errands for you. Imprezz
accounting software enables you to issues bills and invoices in just a few
clicks. Alongside, the software also helps file GST returns directly on the
portal. Stay GST compliant, implement Imprezz GST billing software.
We offer a 14 days free trial software program for small businesses in India.
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