Taxman plans to match GST invoices to plug leakage

Move in response to falling GST revenue collections

The GST Council may move the sales and purchase invoice matching system to the back end. It will do so to keep tabs on missing transactions and check over-claim of input tax credits in the goods and services tax (GST).

At present, assessees claim input credits themselves by filing summary input- output returns, and the tax authorities do not have any clue whether the claims are correct or not. The process of invoice matching was supposed to be done by the assessees, though it was deferred till March. However, slowing GST revenues have now prompted the government to design an alternative mechanism, under which tax officials will do the matching themselves.

“Instead of asking taxpayers to match invoices, we may do it ourselves at the back end. We may follow a risk-based approach; when the gross level of transactions does not match, we may match invoices,” an official said, adding the proposal was under consideration.

GSTR-1 (sales) and GSTR-2 (purchase) returns have to be matched with GSTR-3 to ensure that claims by taxpayers are correct. Both GSTR-2 and GSTR-3 returns have been postponed.

A committee, under GSTN Chairman Ajay Bhushan Pandey, is looking at ways of making the filing of the GSTR-2 and GSTR-3 forms business-friendly. The time period for filing the GSTR-2 and GSTR-3 forms for the months of July to March is also being worked out. The committee has recommended merging the GSTR-1, 2 and 3 forms as one option to simplify filing returns.

According to estimates, there is a 15-20 per cent GST revenue leakage at the moment.

GSTR-1 is used to file details of outward sales of a dealer. After submission, the details of purchases made by the dealer are automatically populated in the GSTR-2 form. The dealer is required to verify the details and submit the form. Finally, GSTR-3 calculates a taxpayer’s tax liability and the available input tax credit.

GST revenue collections touched their lowest in November at ~808 billion. According t0o the government’s estimates, if this trend continues, there could be a shortfall of ~250-300 billion in indirect tax collections this fiscal year. The government had attributed the slowing revenue to postponement of features of the GST such as matching of returns, electronic way bills and the reverse charge mechanism.

The revenue slowdown prompted the GST Council to call an urgent meeting on December 16 and advance the introduction of the electronicway bill for inter-state movements of goods to February 1 and for intra-state carriage from June 1.

“It is important that the concept of invoice matching continues as it is part of the basic design of the GST. If it is not done electronically, it will be needed at the time of assessment or audit, which will lead to more paperwork. The process can, however, be simplified,” said Pratik Jain, leader-indirect taxes, PwC India.

M S Mani, senior director-indirect taxes, Deloitte, said invoice matching provided taxpayers the ability to view transactions and take corrective steps on an ongoing basis. “While this may be cumbersome for small businesses, there are significant benefits for taxpayers and the government. However, the technology challenges will have to be overcome so that the matching happens seamlessly online in real time,” he said.

Bipin Sapra, partner— indirect taxes, EY, said, “In the absence of invoice level matching, the alternative is to match revenues and credits with GSTR1 but since the process will not be automated, it will be possible for a limited number of clients on the basis of risk assessment.”

Bitcoin: Income tax department in tough spot as investors go all tech

While bitcoins are still not illegal in India, income tax and ED are scrutinising all transactions.

Crypto currencies appear to be living up to their cryptic reputation.

Days after the income-tax department issued about 5 lakh notices to high net-worth individuals (HNIs) who own bitcoins or any other crypto currency, investors are drafting replies that would show they have no dues to the authorities.

On its part, the income tax department may also find it difficult to figure out whether wealthy investors actually hold any bitcoins, or the income earned from these instruments. The department may also struggle to calculate the capital gains tax on bitcoins as investors have used complex investment strategies. Some also claim that they have never bought any crypto currency, or that their accounts may have been hacked a few years ago.

“The tax department is investigating the source of income and whether money invested in bitcoins or any other crypto currency is from money laundering,” a senior official in the know told ET. “Bitcoins are not illegal and income tax is applicable, but if the source of money invested in bitcoins is illegitimate, then the enforcement directorate (ED) or any other investigating agency will take over the investigations,” a senior official in the know told ET.

For the moment, those receiving notices are busy with their response to the authorities. A 37-year-old technology executive from Banguluru, also a bitcoin investor, has heard from the taxmen. The executive says that he never gained any income from bitcoins as he bought and sold portions of the crypto currency over the years on different platforms, including over-the-counter.

Another Surat-based trader, who too has received an income-tax notice, plans to tell the revenue authorities that his account was hacked into and that he doesn’t own any bitcoin anymore.

 

The tax department can levy prevention of money laundering act (PMLA) on investors and the investigations can be taken over by ED.

For verifying some of the facts regarding bitcoins and crypto currencies, the tax department is seeking to rope in technology experts to assess whether the respondents’ claims of hacking are tenable.

Experts point out that it is near-impossible to hack in to a bitcoin wallet.

“It is virtually impossible to hack and steal one’s bitcoins through the wallet as these are encrypted data. Also, the reason why many criminals are using bitcoins or other crypto currencies is that it is nearly impossible to know all the transactions that were carried out,” said Brijesh Singh, Special Inspector General of Police (Cyber), in Maharashtra Police. “If investigators get hold of one such currency—say a bitcoin—then all the past data of transactions are already there, and cannot be wiped out,”

The tax depart department issued notices to about 5 lakh HNIs who hold crypto currencies. The notice lists 28 questions that include answers on sources of income, and whether such income was declared in the income-tax returns.

Industry trackers say that a large portion of those who have received tax notices are diamond, textile and commodity traders. “The suspicion is that these individuals used to carry out trades in crypto currency after the clampdown on the cash economy. Some of these individuals don’t even own bitcoins in their own name,” said a tax official.

“Many bitcoin investors are not technology executives but grey market operators who settle their trading in different products in crypto currency. This is almost impossible to track as bitcoins are traded on a daily basis and across platforms,” said Tushar Ajinkya, Partner, DSK Legal.

Many experts point out that the tax department will also find it difficult to figure out how many bitcoins an individual owns due to the complex methodologies undertaken by many HNIs to buy, sell, and invest in bitcoins.

“Identifying the evasion of taxes in crypto is altogether a new case, for which they (tax authorities) need to be technically equipped,” said a top executive from a Southeast Asia-based bitcoin platform.

While bitcoins are still not illegal in India, income tax and ED are scrutinising all transactions.

ET had on December 16 written that the indirect tax department is also investigating whether sales tax and VAT or GST are applicable on bitcoin exchanges. However, figuring out the timelines of transactions could be tricky for the investigating agencies.

To trade in bitcoins, people necessarily need not come to the exchange. They can buy from a third party outside the exchange and can sell outside the exchange. Currently, the authorities have no means to identify either the trades or the people.

Cyber security experts say that some of the bitcoin investors could be those who are actually looking to evade taxes.

The IT department, as of now, can only identify the people who have bought or sold in the exchanges. That too, it will be a daunting task for them to ascertain the exact gains since the bitcoin bought on the exchange could have been mixed by replacing it with a different bitcoin from the OTC (Over-the-counter) market in a short period. It is known as a sort of “mixture services” in market parlance.

“The holder can hold on to the replaced bitcoin for a much longer time without the IT department knowing about the same,” said the executive mentioned above.

Similarly, it is difficult to identify the purchase price for someone who bought from the OTC market and sold on the exchange platform.

Mixture Services is also used to hide identities. Tax authorities will struggle to know how much one earned between exchange buying and OTC selling.

Source: The Economic Times

Bitcoin risks: Government warns against cryptocurrency, says don’t get trapped

Weeks after the Reserve Bank of India issued its third warning against the crypto currency trading, the Finance Ministry today said that virtual currencies are not legal tender and such currencies have no protection. It said the virtual currencies (VCs) including Bitcoin don’t have any intrinsic value and are not backed by any kind of assets. “The price of Bitcoin and other VCs therefore is entirely a matter of mere speculation resulting in spurt and volatility in their prices,” the Ministry said in a statement.

The Ministry also said that there was a real and heightened risk of investment bubble of the type seen in ponzi schemes which can result in sudden and prolonged crash exposing investors, especially retail consumers losing their hard-earned money. “Consumers need to be alert and extremely cautious as to avoid getting trapped in such Ponzi schemes,” the statement said.

The Ministry also explained the vulnerabilities in investing in digital currencies. It said the virtual currencies are stored in digital/electronic format, making them vulnerable to hacking, loss of password, malware attack which may also result in permanent loss of money. “As transactions of VCs are encrypted they are also likely being used to carry out illegal and subversive activities, such as, terror-funding, smuggling, drug trafficking and other money-laundering Acts,” the Ministry said.

The Finance Ministry today reiterated that the government or the RBI has not authorised any Virtual Currencies as a medium of exchange. It also made it clear that the government or any other regulator in India has not given license to any agency for working as exchange. It said: “Virtual currencies are not backed by government fiat. These are also not legal tender. Hence, VCs are not currencies. These are also being described as ‘Coins’. There is however no physical attribute to these coins. Therefore, VC are neither currencies nor coins.”

This may be the first official warning from the government, the Central Bank on three different occasion cautioned the users, holders and traders about the potential financial, operational, legal, customer protection and security related risks that they were exposing themselves to by investing in Virtual Currency including Bitcoin. Earlier this month, the RBI clarified that it has not given any licence/ authorization to any entity/ company to operate or deal with Bitcoin or any virtual currency.

Today, the government also made it clear that VCs are not legal tender and such VCs do not have any regulatory permission or protection in India. The investors and other participants therefore deal with such currency entirely at their risk.

The Indian government and RBI are not the only ones to caution investors against crypto currency. Leading financial analysts and economist have also raised red flag against it. Business magnet Warren Buffett called it a ‘real bubble’. Garrick Hileman, a research fellow at the University of Cambridge’s Judge Business School, earlier said: “What’s happening right now has nothing to do with Bitcoin’s functionality as a currency – this is pure mania that’s taken hold.”

Source: Business Today

Filing of final GST returns deadline extended till Jan 10

The GST Council had in November allowed businesses with turnover of up to Rs. 1.5 crore to file final returns GSTR-1 quarterly

The government has extended by 10 days the last date for filing of final sales return GSTR-1 till January 10 under the Goods and Services Tax, sources said.

Businesses with turnover of up to Rs. 1.5 crore will have to file GSTR-1 for July-September by January 10, 2018, as against December 31, 2017 earlier. For businesses with turnover of more than Rs. 1.5 crore GSTR-1 has to be filed for the period July-November by January 10.

Earlier these businesses were required to file GSTR-1 return for July-October by December 31 and that for November by January 10. For the month of December, GSTR-1 is to be filed by February 10 and for subsequent months, it would be 10th day of the succeeding month.

The GST Council had in November allowed businesses with turnover of up to Rs. 1.5 crore to file final returns GSTR-1 quarterly. Businesses with turnover of up to Rs. 1.5 crore will have to file returns by February 15 for the period October- December and that for January-March by April 30.

 

Source: The Hindu Business Line

Non-compliance to be ‘very costly’ for companies: Government

Last week, the Parliament cleared a bill to further amend the Companies Act.

Sending out a strong message to corporates, the government has said non-compliance will be “very costly” and strong deterrents will be there to curb the dangerous adventure of using companies for wrongful purposes.

Continuing the clampdown on illicit fund flows, the Ministry of Corporate Affairs has already struck off more than 2.24 lakh companies that have not been doing business for long and has disqualified over three lakh directors associated with such entities.

Against this backdrop, Corporate Affairs Secretary Injeti Srinivas said things are being simplified for legitimate businesses while checks are being strengthened against illegal business activities.

Highlights

  • Ministry of Corporate Affairs has already struck off more than 2.24 lakh companies that have not been doing business for long
  • It has also disqualified over three lakh directors associated with such entities

“It should be very easy to be compliant and very costly to be non-compliant. We want this… There should be a strong deterrent against illegal business. People using the company for wrong purposes, that should be a very dangerous adventure,” he told PTI in an interview.

About the ongoing action with respect to suspected shell companies, he said investigations are being carried out with urgency.

“When you go for prosecution, it should serve as a deterrent. Imprisonment option should essentially be confined to violations involving criminality and fraud,” Srinivas said.

On the scenario of certain genuine entities also facing the heat in the clampdown, Srinivas said every effort is made to ensure that “innocent companies are not inconvenienced”, adding that investigations are carried out only after preliminary scrutiny.

“In any such large exercise, it is not unusual that there could be some collateral damage. It cannot be so perfect but effectively, it is very focused and every effort is made that innocent companies are not inconvenienced,” he noted.

To provide a three-month window for defaulting companies to submit their filings, the ministry would be coming out with the Condonation of Delay Scheme. It is to be in place from January 1 to March 31, 2018.

While making it clear that a law should not be too onerous, he said there is a continuous effort to simplify the law “but non-negotiable in terms of essential compliance”.

Last week, the Parliament cleared a bill to further amend the Companies Act.

The bill would bring about some far reaching changes, Srinivas said, adding that almost 100 sections would get revised and many would contribute towards the ease of doing business.

“At the same time, there is also strengthening of provisions relating to areas such as identification of mismanagement, fraud detection, disclosures and related party transactions,” he said.

The MCA 21 system — which is used by the companies to submit their filings to the ministry — is a strong technology platform that is well entrenched, he noted.

“It is a very robust platform for regulation of companies. It is a huge resource of filings from more than 1.5 million companies. It is user-friendly… It also facilitates better enforcement without being unduly invasive,” Srinivas said.

At the end of November 30, there were a little over 17.12 lakh companies and out of them more than 11.36 lakh entities were active.

Source: Times of India

Here’s why India has decided to crank up its crackdown against Bitcoins

I-T department issues notices to 4 lakh high networth individuals across the country who were trading in bitcoins on exchanges

Here’s why India has decided to crank up its crackdown against Bitcoins

The rising craze for bitcoin, a cryptocurrency that has rocketed to shocking highs, has come under the government’s lens. Bitcoin can be an easy way to evade tax or snare unsuspecting small investors in ponzi schemes. The government has begun a crackdown on illegal uses of this unregulated virtual currency.

Widening its probe into bitcoin investments and trade, the Income Tax (IT) department is set to issue notices to 4 to 5 lakh high networth individuals (HNI) across the country who were trading on the exchanges of this unregulated virtual currency, the PTI reported.

The move comes after the IT department conducted survey operations last week at major bitcoin exchanges across the country on suspicion of alleged tax evasion. These operations were undertaken for gathering evidence for establishing the identity of investors and traders, the transaction undertaken by them, identity of counter-parties and related bank accounts.Earlier this month, there was a spurt in the value of bitcoin. It rose from under $10,000 at the start of the year to close to $20,000, before a sharp 20 per cent plunge within hours.

In addition to financial risks—the value of bitcoins has seen huge falls within hours—the regulators are worried about their use for illicit and illegal activities, subjecting the users to an unintentional breach of laws against money laundering and terror finance.Concerns also emanate from some unscrupulous entities indulging in illicit money-pooling activities—commonly known as ponzi schemes—with the promise of huge returns from investment in bitcoins and other variants, which they claim are minted through blockchain, a distributed ledger technology that was created to mint bitcoins and comprises of extremely complex algorithms with several thousand nodes for each chain.

There is a suspicion that some so-called cryptocurrencies and bitcoin investments may actually have nothing to do with any blockchain-developed virtual currency and are just new ways devised by scamsters to ride the wave and what they may be offering could be ‘e-ponzi’ schemes.

The financial regulators are worried that a complete lack of regulatory regime for such cryptocurrencies may give rise to ‘e-ponzi’ schemes.

The financial sector watchdogs, including RBI and Sebi, as also various government agencies, will soon get into a huddle to prepare a framework to safeguard the gullible investors and to clamp down on the fraudsters who may try to manipulate the regulatory gaps, PTI reported, quoting a senior official.

There are quite a few proposals on the table and those include applying to cryptocurrencies the existing regulations aimed at checking the spread of ponzi schemes or illicit money-pooling activities, money laundering and black money generation and circulation, another official said.

The jury is still out on whether such virtual currencies should be allowed as legal payment tender or investments, though there are also suggestions from some quarters for allowing them with necessary checks and balances.

You can shift residence, fudge address but you can’t avoid income tax notice anymore

Avoiding income tax notices by fudging addresses or shifting residence will now become difficult. Income tax rules have been amended that will allow the tax department to deliver notices to assessees at addresses given by them to banks, insurance companies, post offices etc in case the notice is undeliverable at the address supplied to the tax department.

The government issued a notification dated December 20, 2017 amending the Income Tax Rules to ensure that all notices, summons, requisitions or any other communication issued in your name is delivered to you either via post or e-mail.

As per the notification, in case the communication or notice to be served to the assessee cannot be delivered/transmitted to the available address, as per Rule 127 of the Income Tax Rules, the government may use the address mentioned in the following databases to deliver the communication:
a) Address given by you to the bank;
b) Address given by you to the insurance company;
c) Address given by you to the post office while investing in the Post Office schemes;
d) Address as available in government records;
e) Address available in the records of local authorities;
f) Address of the assessee as furnished in Form 61 to the income tax department under Rule 114D;
g) Address as furnished in Form 61A to the tax department under rule 114E.

As per the earlier norms, the communication to the assessee was sent through post or email at the any of the following addresses:

a) Address available in the PAN database;
b) Address available in the income tax return (ITR) to which the communication pertains to;
c) Address as available in the previous year’s ITR;
d) E-mail address available in the ITR for which communication pertains to;
e) E-mail address as available in the last ITR;
f) Any e-mail address available with the income tax authority.

The notification has been published in the Gazette of India by the Minsitry of India vide Notification No. 98/2017/F. No. 370142/36/2017-TPL

Link: Economic Times