Goods and Services Tax Implications for COVID-19 Vaccines in India
This article examines the Goods and Services Tax (GST) framework as it applies to COVID-19 vaccines in India, covering their taxability as goods and the implications for domestic sales. It details the tax treatment for imported vaccines, including customs duties and IGST, and outlines the specific 5% GST rate on vaccine doses. Furthermore, the piece discusses the GST levied on crucial logistics services like refrigerated storage and transportation, alongside past expectations for tax concessions in the healthcare sector.
Goods and Services Tax Implications for COVID-19 Vaccines in India
Taxability of Vaccine Sales Under GST
As life-saving pharmaceutical products, vaccines fall under the 'goods' category for GST. When vaccines are supplied for commercial purposes with an exchange of consideration, they are subject to taxation according to Section 7 of the CGST Act. However, manufacturers cannot claim an input tax credit for raw materials or services utilized in vaccine production if those inputs were acquired without charge.
The Indian central and state governments are the sole purchasers of COVID-19 vaccines from manufacturers. These transactions operate under contracts as a continuous supply of goods, requiring adherence to specific invoicing regulations.
The 'place of supply' rules dictate that the tax jurisdiction is determined by the vaccine distribution's final destination. For instance, if Serum Institute of India, based in Pune, Maharashtra, supplies vaccines to the Karnataka government, Karnataka becomes the place of supply, and Integrated Goods and Services Tax (IGST) is levied. Similarly, if Bharat Biotech in Hyderabad supplies to West Bengal, IGST applies, with West Bengal as the place of supply.
Initially, two domestically produced vaccines were approved and acquired by the Indian government for its large-scale vaccination effort, alongside one internationally recognized imported vaccine. More domestic manufacturers are anticipated to contribute in the future.
For GST purposes, the value of vaccine supply corresponds to the transaction value at each distribution stage. This value incorporates the Input Tax Credit (ITC) advantage, enabling the offset of GST paid during procurement. Key cost components include research and development (where outcomes were confirmed), human resources, and medicinal ingredients like antigens, stabilizers, adjuvants, antibiotics, and preservatives.
Within the pharmaceutical sector, only contraceptives and the sale of human blood and its derivatives are exempt from GST. Consequently, vaccines remain subject to GST.
Taxation on Imported Vaccines
Although local manufacturers are projected to fulfill the majority of demand, imports will also be crucial. Storage and transportation protocols for vaccines are already established at primary international airports.
Human medicine vaccines, categorized under tariff number 300220, are subject to a 10% basic customs duty and a 10% social welfare surcharge under the Customs Tariff Act, 1975, upon import from abroad. Additionally, a 5% IGST is applied.
The Central Board of Indirect Taxes and Customs (CBIC) eased import and export regulations for vaccines via couriers in December 2020, removing value limits by amending the Courier Imports and Exports (Electronic Declaration and Processing) Amendment Regulations. A dedicated task force was recommended to streamline vaccine clearances.
GST Rates Applicable to COVID-19 Vaccines
COVID-19 vaccines are subject to a 5% GST rate. The following table details the HSN codes and GST rates for vaccines:
| Chapter | Description | HSN Code | GST Rate |
|---|---|---|---|
| Drugs & Pharmaceuticals | Vaccines for Human or Animal Use | 3002 / 3006 | 5% |
For instance, a vaccine dose priced at Rs.200 would incur Rs.10 in GST, leading to a final cost of Rs.210 for the Indian government.
GST on Vaccine Logistics and Storage
Vaccine preservation mandates adherence to World Health Organization (WHO) cold storage standards. In India, refrigerated storage services are taxed at 18% GST under HSN code 996721.
Under the CGST Act, vaccine transportation is treated as general goods transportation, without specific concessions. Manufacturers using a Goods Transport Agency (GTA) for distribution will pay either 5% or 12% GST on these services, depending on whether the GTA opts for Input Tax Credit. Should a manufacturer utilize their own transport facilities, it constitutes a composite supply encompassing both vaccines and transportation services, resulting in a 5% GST on the transport component.
Anticipated Tax Concessions for Vaccines in Budget 2021
Budget 2021-22 held promise for the healthcare sector, with expectations of various concessions for vaccine manufacturers under income tax and GST laws, including tax holidays and exemptions. However, to prevent price increases, it was also crucial to implement measures that would accelerate the refund of tax credits on inputs and input services.