Save Big on Capital Goods: ITC Rules You Need to Know in the GST Era

ITC Rules for Capital Goods under GST

Businesses purchase a variety of capital goods with input tax credits that is available. This article will cover the credit portion of GST that is paid when buying capital products.

Latest Update

1st February 2022

Budget 2022 updates-

1. ITC is not able to be claimed if it's restricted by GSTR-2B, which is available under Section 38.

2. The time frame for claiming ITC on debit notes or invoices from the financial year is extended to the earlier of two dates. The first is the 30th November of the year following or, secondly the date of making annual return filing.

3. Section 38 has been completely rewritten as 'Communication and details of supplies inward and tax credits for inputs' in accordance with the form GSTR-2B. It specifies the manner of communication, the time frame, and conditions as well as limitations for ITC claims. It also removes the two-way communication procedure in GST return submission on a suspended return Form GSTR-2. It also states that taxpayers will receive details of the eligible and ineligible ITC to claim.

4. Section 41 is also reformed in order to eliminate references to ITC claims that are not provisional. ITC claims and to prescribe self-assessment of ITC claims with a few conditions.

5. Sections 42 43, 43 and 43A of the provisional ITC claim procedure, matching and reversal are removed.

29th December 2021

CGST Rules 36(4) is modified to eliminate the 5% ITC that is over and above the ITC that appears in GSTR-2B. From January 1, 2022, businesses are able to use ITC only if it's provided by the provider in GSTR-1/ IFF and is listed in their GSTR-2B.

21st December 2021

are reflected in GSTR-2B. Therefore, taxpayers will not claim 5% of the provisional ITC under CGST Rule 36(4) and make sure that each ITC value claimed is included in GSTR-2B.

What are capital goods in ITC?

Capital goods are items like machines, buildings vehicles, and tools that an organization utilizes to make products or services. For instance blast furnaces used in the steel and iron industry is an investment capital asset for the steel producer.

Difference between capital goods & other inputs

Let's look at an example. You are baking cakes within your oven. You'll add ingredients like eggs and water, flour, and butter. They are the ingredients you add. The cake is the final product. The oven is the most important item that assists you in making the cake. The ingredients are used to make the final product, and are considered costs of production.

Capital products are not consumed until they are produced. They cannot be consumed within one year of production. Therefore, they can't be deducted completely as business expenses during the year they were purchased. Instead they're depreciated over their lives. The company is able to recognize a portion of the expense each year using accounting methods such as depreciation, amortization, and depletion.

What is credit on capital goods?

When you buy something you purchase, you must be liable for GST. In the future, you may claim an tax credits for input on the GST you pay for your purchases. Also, if you're purchasing any equipment for your manufacturing facility you must pay the GST rate applicable to your purchase. The GST you pay is able to be used as credit the same way as inputs. However when you claim depreciation of the GST paid when you purchase the capital asset, you can't claim tax credits for inputs.

What is Common Credit?

Businesses typically utilize the same resources as well as inputs, for both personal and business personal use. For instance Ms. Anita is a freelance designer and blogger. She owns a laptop that she also employs for freelance work. She is entitled to an input credit for GST paid on the purchase of a laptop only in the event that it is related to her business as a freelancer. Ms. Anita has also purchased an exclusive design software. Since this is a specific purchase for her company, she is entitled to declare all ITC for this.

Why is common credit important?

ITC is available only for use in business. Many traders utilize the same inputs for personal and business reasons. A taxpayer is not entitled to any tax deduction for personal expenses. Also, the items exempted from GST already benefit from GST at 0%. GST.

ITC cannot be claimed on inputs that are used in exempted goods since it would cause negative taxation. Thus, ITC on inputs for exempted goods will be eliminated.

The calculations below will allow you determine the common credit attributable to personal items and exempted supplies, leaving only the portion that is related to sales that are tax-deductible. Only this amount is eligible to be claimed as ITC. Credits that are attributed to personal items and exempted items must be reversed prior to making a GSTR-3B.

Types of ITC for Capital Goods

Let us take each case one by one.

Capital Goods used only for Personal Use or for Exempted Sales

There is no ITC is available for personal purchases or capital items used in sales exempted from tax. This will be noted in GSTR-3B, but it will not be credits to the credit ledger electronic.

Example 1: Personal Purchases

Mrs. Anita has purchased a fridge. Since it isn't required by her company, i.e., a private purchase, she won't be able to claim an ITC for the GST paid for the fridge.

Exemple 2. Capital Goods used for sales that are exempt from tax

Mr. Avinash has purchased a small flour mill from his grocery store to grind wheat grains into flour. Because he is making unbranded flour, it is exempt from GST. Since it is exempted sale, the miller cannot take advantage of any ITC on the GST paid for the mill.

Capital Goods used for normal sales

XYZ has purchased equipment to make shoes. Since shoes are regular tax-deductible products and therefore, the GST in the purchase of machinery will be credited as ITC. This is indicated in GSTR-3B. It will then be creditable to the electronic credit ledger.

Common credit for partly personal/ exempted and partly normal sales

• The ITC paid for capital goods will be credited into the electronic credit ledger
• The useful life of the capital asset is defined at 5 years starting from the date of purchase
• Now, the total amount of tax on input debited to the electronic credit ledgers for the entire useful life of the ledger will be spread over the useful life of the credit ledger.

The useful life will be defined as 5 years. If you pay GST on a month-to-month basis, then you'll follow this formula:

Calculations for common credit

For exempted supplies

The amount of ITC attributable to exempted supplies from common capital credit-

The remaining amount after deducting credit for exempted supplies will be considered ITC. All of the above calculations are to be made separately to:

• Central tax
• State Tax
• Union Territory Tax
• Integrated Tax

What happens if one begins using an asset that is exempt items, but also for tax-deductible items?

If the capital asset was only for:

• Personal use OR
• Selling exempted products

It is now frequently used for:

• Personal and business use OR
• Affecting exempt and taxable supplies

Tax on input to be credited into electronic credit ledger = input tax 5% of tax on input for each quarter or part of it from the date of invoice.

Let us look at this through an example. Mr. Avinash bought a capital asset to use in supply exempt only. He paid Rs. 10,00000per annum, plus GST of 18,000 as an input tax on October 1, 2017. On November 15, 2018, he would like to make use of the capital asset for tax-deductible and exempt supply.

The common tax credit for input taxes can be calculated using the formula:: Input Tax: 5% of the input tax for each quarter or portion thereof amount. of quarters that ran from the 1st October 2017 until 15th November 2018, 5 = 18,000 (5 percent of 18000) * 5 quarters = 18,000 - 4500 = 13,500. This is the common credit that is available to Mr. Avinash.

He will then credit Rs 13,500 to the Electronic Credit ledger. Now, he'll compute the ITC attributable to exempted supplies based on the formula used for supplies exempt from tax.

Common credit for a month= 13,500/60=225, assuming his total sales are Rs.160 lakhs and his sales exempted are Rs.40 lakhs-

Credit attributable to exempted products is (40/160) * 225 = Rs.56.25.

The amount of Rs.56.25 will be reversed in GSTR-3B, under the column ITC Reversal.

Reversal of credit in under certain conditions

In the following scenarios, the proportionate ITC will be reversed i.e. added to the tax liability for output in GSTR-3B:

• When a typical taxpayer decides to pay tax in accordance with the the composition scheme, the goods and services supplied by him are exempt
• In the case of the supply of capital goods or machinery and plant on which tax credit for input has been redeemed
• Each registered individual whose account is cancelled

Tax credits for inputs that are part of the remaining useful life of months is calculated on a pro-rata basis using the useful life of five years.

Example A: Capital goods have been used for four years, six months and 15 days. So, the remaining useful time in months is 5 months, ignoring a portion of the month. Input tax credit for these capital goods = C (say 10 lakhs) Tax credit on inputs attributable to the remaining useful lifetime= C * 5/60 = 10,00,000 * 5/60 = 83,333

The above calculation has to be completed separately for central and integrated tax. This amount has to be reversed into (i.e. is a part of the output tax obligation) and is reflected in:

• If a regular taxpayer chooses to pay tax in accordance with the the composition scheme, or the goods or services provided by him are exempted from tax- GST ITC-03, FORM GST
• Registration is cancelled. GSTR-10 FORM

This should be supported by a certification from a chartered accountant who is a practicing chartered accountant or cost accountant. In the case of selling capital goods, if the value that is determined above is higher than the tax imposed on the transactions resulting from such sale, then the amount figured in the above manner is added to the the output tax liability. The information must be provided in the GSTR-1 form.

Capital goods send on job work

ITC is allowed to the primary manufacturer when an asset of capital has been given to a worker for work.

Condition

The goods are due to be returned within 3 years from the date they were sent out.

Implications

If the items are not returned within three years, they will be considered a deemed supply as of the date of the sending of the items and tax would be due along with interest for tax due after the due date.

For more information about ITC on work, check out our article. Also, please check out our post about ITC regulations for the common input credits in GST.

Based on the calculations above, it's evident that ITC Rules for Common Credit under GST are designed to be strictly followed to avoid the possibility of interest as well as other mechanisms for recovery.