Budget 2017; Mixed bag, expenditure in rural and infrastructure boost Auto Industry in macro way

Transcription

1 1 February 2017 Tax Alert Budget impact on automobile sector Budget 2017; Mixed bag, expenditure in rural and infrastructure boost Auto Industry in macro way Departing from the colonial-era tradition of presenting the Union Budget on the last working day of February, Union Budget for the financial year , presented on the Parliament on 01 February 2017 along with the railway budget. The Budget is primarily based on theme of stoking rural economy and Infrastructure building was presented by the Hon ble FM. Gaurav Karnik Tax Partner Automobile Sector EY - India The US$ 93.0 billion Automotive Indian Industry contributes 7.1% of India GDP and 49% to the nation s manufacturing GDP (FY ). As a major employment generator, GDP contributor & FDI earner, the Indian Automotive Industry was looking forward to big announcements. The budget presents a transformative agenda with clear-cut focus on initiatives for increase in credit flow for agriculture sector and continued focus on infrastructure development (roads & affordable housing). However the budget did not have anything per se for the manufacturing sector. Rural sector is set to enjoy increased allocation of funds via infrastructure schemers, micro irrigation fund, and enhanced road building upto133 km/day, rural housing impetus and significant increase in MNERGA fund. By providing the benefit at the entry level Tax, FM has increased the marginal disposable income in the hands of consumer, but the transition of currency in the hand of consumer may take upto 6 months. Increased allocation of funds from INR 57,676 crore in FY 16 to INR 64,000 crore in FY17 will boost to national highways and last mile connectivity, this will likely to positively impact for manufacturing sector and also to aid exports, by improving logistics and transportation.

2 How budget impacts your business? Key takeaway for a tax professional Increased allocation of funds for rural and infrastructure sector should help augment demand post demonetisation. In contrast with industry expectations, no specific direct tax incentives provided in the budget for auto sector. Budget did not see too many amendments on the indirect tax front also, given the impending roll out of GST. Repeal of R&D cess is a welcome move which shall simplify Indirect tax structure as well as reduce tax costs. Reduction in duties on some auto components should benefit the auto OEMs. Industry was expecting several schemes such as scrappage scheme for older vehicles or greater incentives to promote usage of electric/hybrid vehicles- no announcements were made in this regard. Key announcements Policy update Increased allocation of funds for road sector from INR 57,676 crore in FY 16 to INR 64,000 crore in FY The GST Council has finalised its recommendations on almost all the issues based on consensus reached in the nine meetings held till date. Implementation of GST is likely to bring more taxes both to Central and State Governments because of widening of tax net. Extensive reach-out efforts to trade and industry for GST will start from 1st April, 2017 to make them aware of the new taxation system. Direct tax Income tax for companies with annual turnover not exceeding INR 50 crore reduced from 30% to 25%. TCS has been removed on purchase of vehicles by certain class of buyers such as Government, foreign missions and PSUs engaged in the business of carrying passengers. Furnishing of PAN of payer is now mandatory while collecting TCS, failing which tax would be collectable at twice the rate applicable or at 5%, whichever is higher. This provision does not apply to a non-resident unless it has a PE in India. Restrictions on receipt otherwise through the proper banking channels, for an amount of INR three lakhs or more except for Government and banks etc. Failure to comply with this provision would result into penalty equal to amount of such receipt. No penalty in case there are good and sufficient reasons for such contravention. Income from transfer of carbon credit to be taxable at concessional rate of 10% (plus applicable surcharge and cess) on gross basis. No expenditure or allowance would be allowed in respect of such income.

3 Where an Indian Company (or PE of a foreign company) pays interest or similar consideration, exceeding INR 10 million, in relation to loans extended or guaranteed by a non-resident associated enterprise, interest deduction would be restricted to 30% of the EBITDA or actual interest paid/ payable, whichever is less. The period for claiming MAT credit would now stand increased to 15 years from 10 years. The scope of domestic transfer pricing is now restricted to transactions where any of the related party is claiming specific profit linked deductions. With an intent to incentivise foreign debt investment and to stimulate growth, benefit of concessional withholding tax rate of 5% has been extended to interest paid on ECBs availed upto June 30, 2020 (under section 194LC of the Act) and interest paid on RDBs upto June 30, 2020 (under section 194LD of the Act). Indirect tax Excise duty reduced for hybrid and electric motor vehicles for transport of more than 13 persons was reduced from 27% to 12.5% with effect from 11 January The same has been made applicable retrospectively from 1 January R&D Cess Act is proposed to be repealed with effect from 1 April R&D cess is currently leviable at 5 percent on import of technology. BCD on ceramic substrate for catalytic convertors has been reduced from 7.5% to 5%, subject to actual user condition. 5% concessional BCD is being prescribed on all parts for use in the manufacture of LED lights or fixtures including LED Lamps, subject to actual user condition. 5% concessional BCD is also being prescribed on imports of inputs for use in the manufacture of LED driver or MCPCB for LED lights and fixtures or LED Lamps, subject to actual user condition. Export duty to be imposed at an effective rate of 15% on Other aluminium ores, including laterite. The Second Schedule (Export Tariff) to the Customs Tariff Act, 1975 to be amended to prescribe a tariff rate of export duty of 30% for all goods falling under tariff item. Impact analysis In conjunction with Prime Minister s Make in India ideology & forthcoming significant changes in emission and safety regulations, the Automotive Industry was expecting some big announcements. However, Budget did not live up to the expectations. In his Budget speech, FM has not made any specific comments on Automotive Sector. The budget is silent on key issues like enhancing the penetration of Electric Vehicle, R&D expenditure, Vehicle Scrapping policy, relief from excise duty on fuel. At the same time, the increased allocation of funds for rural economy & infrastructure sector promises well for automotive industry. The segments which are likely to gain are Two-Wheeler, Tractors, commercial vehicles and earthmover industry along with their suppliers. OEMs are likely to focus on rural marketing and increase their dealer coverage. In addition, increased allocation for schemes such as MSIPS and EDF could give a fillip to manufacture of electronic components for automotive sector in India. On GST, FM highlighted the progress and positive momentum for the implementation. Moving forward the timely implementation of GST before September will be a critical.

4 Glossary BCD- Basic Customs Duty EBITDA- Earning Before Interest, Taxes, Depreciation and Amortization ECB- External Commercial Borrowings EDF- Electronic Development Fund FDI Foreign Direct Investment FM Finance Minister FY Financial Year GDP Gross Domestic Product GST Goods and Services Tax LED- Light Emitting Diode MAT- Minimum Alternative Tax MCPCB- Metal Core Printed Circuit Board MSIPS- Modified Special Incentive Package Scheme OEMs- Original Equipment Manufacturers PAN- Permanent Account Number PSU- Public Sector Units R&D- Research & Development RDB- Rupee Denominated Bond RPT- Related Party Transactions TCS- Tax Collected at Source For details on other sectors and solutions visit our website To know the taxation - Follow us on India Tax Insights blog Join India Tax Insights from EY LinkedIn group Tax Alerts cover significant tax news, developments and changes in legislation that affect Indian businesses. They act as technical summaries to keep you on top of the latest tax issues. For more information, please contact your EY advisor.

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