composition levy|goods and services tax|GST|regular dealer gst

Moving to GST: Composition Dealer Switching to Regular Dealer

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All registered taxable persons under the existing indirect tax regime will be automatically transitioned to GST and will be given a provisional registration ID. After validation of the details submitted during enrolment, final registration IDs will be issued. Similarly, those traders, who have opted for composition levy, will be auto transitioned to GST.Under GST, a registered taxable person whose aggregate turnover does not excess Rupees 50 lakhs during the financial year can opt for composition levy. This again is subject to certain conditions. Accordingly, on transition to GST, a Composition Dealer may switch over as a Regular Dealer.On switching from being a Composition Dealer to a Regular Dealer under GST, you will be adhering to the compliance requirements of a Regular Dealer. You will be allowed to avail input tax credit on your inward supplies and charge GST on outward supplies.While all this sounds good, you may want to know ‘what happens to the tax paid on closing stock, if a Composition Dealer becomes a regular dealer under GST?’.Let us understand this in detail.A Composition Dealer may switch over as a Regular Dealer due to either of the following reasons:

  • Voluntarily opts to become a regular dealer
  • By enforcement of law: The aggregate turnover exceeds the prescribed threshold limit of Rupees 50 Lakhs, or as per the prescribed conditions, he may not be eligible to opt for composition levy under GST.

On becoming a Regular Dealer, you will be allowed to avail the tax credit held in the closing stock of inputs (raw- materials), semi-finished goods, and finished goods. However, there are conditions that you need to meet to be eligible to avail the input tax credit held in your closing stock.

Eligibility conditions to avail input tax credit held in your closing stock

You can avail the input tax credit held in your closing stock under the following conditions:

  • The closing stock held either in the form of raw materials, semi-finished goods or finished goods, must be used or intended to be used for taxable supplies.
  • The VAT paid on inputs held in the closing stock should be allowed as credit under the earlier law. This is applicable only for claiming credit of VAT.
  • You have invoices or any other prescribed duty/tax paying documents in respect of the closing stock of inputs (including semi-finished goods and finished goods).
  • The date of invoices or any other prescribed duty/tax paying documents is within 12 months from the date of transitioning to GST.Once the above conditions are met, the amount of credit to be allowed will be calculated in a method which is yet to be prescribed.

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