Understanding GST Rule 86B: Limitations on Input Tax Credit Use
GST Rule 86B, effective January 1, 2021, restricts the utilization of Input Tax Credit (ITC) from the electronic credit ledger for specific large taxpayers. This regulation mandates that businesses with monthly taxable supplies over Rs. 50 lakh must pay at least 1% of their output tax liability in cash. Designed to combat fraudulent invoicing and tax evasion, the rule includes several exemptions for entities like government departments and those with significant income tax payments or export refunds.
The Central Board of Indirect Taxes and Customs (CBIC) enacted a new regulation, Rule 86B, through notification 94/2020 on December 22, 2020. This rule became effective starting January 1, 2021.
Previous ITC Utilization Rules Before Rule 86B
Input Tax Credit (ITC) is fundamental to GST, as it helps prevent the cascading effect of taxes. While the process for utilizing ITC across various components like CGST, SGST, and IGST has evolved, businesses previously had the flexibility to fully use their electronic credit ledger balance to meet their output tax obligations. With the introduction of Rule 86B, the ability to fully offset output tax liability using ITC has been restricted.
Key Restrictions Imposed by GST Rule 86B
Rule 86B introduces a ceiling on how much input tax credit can be used from the electronic credit ledger to settle Goods and Services Tax (GST) output liabilities. This regulation supersedes other Central Goods and Services Tax (CGST) provisions.
Applicability
The rule applies to registered entities whose monthly taxable supply value (excluding exempt and zero-rated supplies) exceeds Rs. 50 lakh. This threshold must be verified each month before filing returns.
Restriction Imposed
Essentially, affected taxpayers are barred from utilizing ITC for more than 99% of their total output tax liability. This means at least 1% of the tax obligation must be settled through the electronic cash ledger.
Exceptions to the Rule
However, certain exceptions exist. The rule does not apply if:
- The registered person, proprietor, Karta, Managing Director, partner, or whole-time director has paid over Rs. 1 lakh as income tax in each of the preceding two financial years (for which the Section 139(1) IT return deadline has passed).
- The registered person received a refund exceeding Rs. 1 lakh in the previous financial year from exports under a Letter of Undertaking (LUT) or due to an inverted tax structure.
- The registered person has cumulatively paid more than 1% of their total output tax liability for the current financial year via the electronic cash ledger.
- The registered person is a government department, public sector undertaking, local authority, or statutory authority.
Business and Working Capital Implications of Rule 86B
Rule 86B primarily affects larger taxpayers, leaving micro and small businesses largely unaffected. The core objective of this rule is to combat the problem of fraudulent invoices and the misuse of fake input tax credit to settle tax liabilities. It also aims to prevent individuals from inflating turnover figures without genuine financial backing. The CBIC has clarified that the 1% cash payment requirement is based on the monthly tax liability and corresponding turnover.
Illustration
Consider an example: if a taxpayer, Mr. A, sells goods worth Rs. 1 crore with a 12% tax rate, his total tax liability is Rs. 12 lakh. According to Rule 86B, he can utilize ITC for up to 99% (Rs. 11,88,000) of this liability, but must pay the remaining 1% (Rs. 12,000) in cash. While this regulation might inconvenience some legitimate businesses, its overarching goal for the government is to deter fraudulent invoicing and reduce tax evasion.