Information regarding the GST Exemptions in Banking Industry (Financial services)

  • March 4, 2023
  • GST
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GST Exemptions in Banking Industry

The introduction of the Goods and Services Tax (GST) in India has been a major tax reform aimed at unifying the indirect tax system in the country. While most industries are now subject to GST, there are certain sectors, including the banking and financial services industry, that are exempt from certain aspects of the tax. This article will explore the GST exemption in the banking industry and financial services. Before we move on to discuss GST Exemptions in Banking Industry and Financial Services, let us first discuss GST Exemption, so that we could have a clear understanding of the Topic.

Table of Content

Meaning of GST Exemption

GST Exemption refers to the exemption of certain goods and services from GST. This means that GST is not levied on such goods and services, and they are not subject to GST. GST exemption is provided for specific reasons, such as to make essential goods and services affordable for the common man or to provide relief to certain sectors of the economy.

The GST Exemptions are classified into two categories: 

  • Absolute Exemptions and; 
  • Conditional Exemptions 

Absolute Exemptions are those that are not subject to any conditions, while Conditional Exemptions are subject to certain conditions. The conditions may be related to the nature of the goods or services, the purpose for which they are used, or the identity of the recipient.

Basic understanding regarding GST Exemptions on Banking and Financial Services

GST exemption means to have Goods/ Services (G&S) that are either fully exempt from GST or are able to pay lower tax rates. The government introduces these exemptions and lower rates in order to maintain certain sectors, to make G&S more accessible for consumers, or to promote social welfare. As per the Indian GST law, there are several G&S that are exempt from GST. These are vegetables, fresh fruits, milk, and meat. There are some other items exempt from GST are healthcare, and education, most significant Legal window that is going discussed in this article is the financial sector such as interest income earned on loans and advances.

Purpose of GST exemption on Banking and Financial Services

The purpose of GST exemptions in the banking and financial services industry is to provide relief to customers and financial institutions from the burden of increased taxation. Financial services and banking are critical to the economy. Thus, it is providing GST exemptions for these services helps to promote the growth and development of these industries.

The GST exemptions for these services were implemented to ensure that there was no increase in financial cost for consumers. This helps to promote financial inclusion and access to financial services for all citizens, regardless of their income levels.

Another purpose of GST exemptions in these services is to ensure that the tax burden is not passed on to the end customers. This is especially important for low-income individuals and for small businesses that may not be able to afford the increased cost of financial services.

Additionally, the GST exemptions for banking and financial services are designed to support the development of the industry. By reducing the tax burden, financial institutions can allocate more resources to growth and development. It helps to create more jobs, increase investment, and support the economy.

Overall, the purpose is to support the growth and development of these critical sectors. While also ensuring that customers are not unfairly burdened with additional taxes. By providing exemptions for financial services, the government hopes to promote financial inclusion, support economic growth, and improve the standard of living for all citizens.

GST Exemption on Banking and Financial Services

The banking industry is an essential sector of the economy, and it plays a crucial role in facilitating the flow of funds and financial transactions. In India, the banking industry is subject to GST, and banks are required to register themselves, file returns, and pay taxes regularly. However, certain financial services provided by banks are exempted from GST.

The GST exemptions in the banking industry are provided under Notification No. 12/2017-Central Tax (Rate) dated 28th June 2017. The notification specifies the following financial services that are exempted from GST:

  • Interest on Deposits: Banks earn interest on the deposits they receive from their customers. This interest income is exempted from GST.
  • Loans and Advances: Banks provide loans and advances to their customers, and the interest charged on these loans is exempted from GST.
  • Credit Card Services: Banks provide credit card services to their customers, and the fees and charges levied for these services are exempted from GST.
  • Payment and Settlement Services: Banks provide payment and settlement services such as NEFT, RTGS, and IMPS. These services are exempted from GST.
  • Services provided to Basic Saving Bank Deposit (BSBD) Account Holders: Banks are required to provide certain services free of cost to BSBD account holders. These services are exempted from GST.
  • Services provided to Jan Dhan Account Holders: Banks are required to provide certain services free of cost to Jan Dhan account holders. These services are exempted from GST.
  • Services provided by Banking Correspondents: Banking correspondents provide certain services on behalf of banks in rural areas. These services are exempted from GST.
  • Services provided to the Reserve Bank of India (RBI): Banks offer various services to the RBI, such as currency management and payment and settlement services. These services are exempted from GST.

General benefits of the GST Exemption on Banking and Financial Services

The GST exemption in banking and financial services has several benefits for both financial institutions and their customers. Some of the key benefits of GST exemption in banking and financial services are:

  • Cost savings for customers: The exemption of GST on certain financial services. These are deposits and loans, reducing the overall cost of these services for customers. This can help to make financial services more affordable for all consumers, particularly those who may have lower incomes.
  • The reduced tax burden on financial institutions: By exempting certain financial services from GST, the tax burden on financial institutions is reduced. This can help to reduce the cost of providing financial services. It can also free up resources that can be used to improve the quality of these services.
  • Promotes Financial Inclusion: The GST exemption can promote financial inclusion by making financial services more accessible for all consumers. This can help to reduce the financial exclusion of those who may not have had access to these services before.
  • Encourages Economic Growth: The GST exemption in banking and financial services can help to promote economic growth by supporting the development of the financial sector. The exemption can free up resources that can be used to improve the quality of financial services, which can help to attract more customers and support the growth of the industry.
  • Supports Small Businesses: Small businesses that rely on financial services can benefit from the GST exemption, as it reduces the overall cost of these services. This can help to support the growth of small businesses, which can contribute to the overall growth of the economy.

Detail discussion on the GST exemption on Banking and Financial Services

The banking industry provides a range of financial services. It also includes deposit and lending services, forex and money transfer services, and other ancillary services. As a result, the industry is subject to various taxes and levies. These are as service tax, excise duty, and value-added tax (VAT). However, with the introduction of GST in India, many of these taxes have been subsumed into a single tax. It makes compliance easier for businesses. In addition, the government has granted certain exemptions and concessions to specific sectors. That also includes the banking industry, in order to promote growth and development.

  • One of the key GST exemptions for the banking industry is related to interest income. Under the GST law, interest income earned on loans and advances is exempt from GST. This means that banks do not have to pay GST on the interest income earned from lending activities. This exemption is a significant relief for banks, as interest income forms a major part of their revenue.
  • Another important exemption for the banking industry is related to financial services. According to the GST law, services provided by banks and financial institutions are exempt from GST. This means that banks do not have to charge GST on services such as account opening, ATM transactions, and other banking services. However, it is important to note that certain services, such as forex services, are subject to GST.
  • In addition to these exemptions, the GST law also provides certain concessions for specific banking services. For example, services provided to customers who are based outside of India are exempt from GST. Similarly, services provided to the government, including services related to collecting taxes and other duties, are also exempt from GST.

The GST exemptions and concessions provided to the banking industry are aimed at promoting growth and development in the sector. By exempting certain aspects of the tax, the government hopes to encourage banks to lend more and provide better services to customers. Furthermore, these exemptions and concessions help to reduce the tax burden on banks. It is also enabling them to provide better rates and services to customers.

However, it is important to note that the GST law is complex. With constantly evolving, banks must remain vigilant to ensure compliance with the law. Banks must ensure that they correctly classify their transactions and services. That they have the necessary documentation and records to support their claims for exemptions and concessions.

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Takeaway

The GST exemptions in the banking industry are an important aspect of the tax regime in India. By exempting certain aspects of the tax, the government is promoting growth and development in the sector, while also reducing the tax burden on banks. However, banks must remain vigilant to ensure compliance with the law and must be aware of the latest updates and changes to the GST law. 

The GST exemption in banking and financial services has several benefits. Such as cost savings for customers, the reduced tax burden on financial institutions, promotion of financial inclusion, encouragement of economic growth, and support for small businesses. These benefits can help to support the growth and development of the financial sector. That is critical to the overall health of the economy.

Connect with Our Experts at Legal Window in case you are facing any issues regarding GST Services and Compliance. Our Experts would be Happy to Help.

CA Pulkit Goyal, is a fellow member of the Institute of Chartered Accountants of India (ICAI) having 10 years of experience in the profession of Chartered Accountancy and thorough understanding of the corporate as well as non-corporate entities taxation system. His core area of practice is foreign company taxation which has given him an edge in analytical thinking & executing assignments with a unique perspective. He has worked as a consultant with professionally managed corporates. He has experience of writing in different areas and keep at pace with the latest changes and analyze the different implications of various provisions of the act.

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