GST Rejig: Post-Sale Discounts To Dealers Not Subject To GST, Says CBIC

The Central Board of Indirect Taxes and Customs on Saturday issued a detailed clarification on how post-sale or secondary discounts will be treated under the Goods and Services Tax. The move, aimed at ensuring uniformity across tax administrations, addresses long-pending industry doubts.

Here are the key takeaways from the circular:

The recipients of goods will not have to reverse ITC if they receive discounts via financial or commercial credit notes. The ministry clarified that since such notes do not reduce the original transaction value or tax liability, ITC remains unaffected.

Discounts given by manufacturers to dealers for competitive pricing are not considered as GST for further supplies to customers. These are treated as simple price reductions, not as inducements for additional services.

If a manufacturer has an agreement with an end customer to sell at a discounted rate, and issues a credit note to enable the dealer to pass on the discount, it will be included as part of the overall consideration.

Post-sale discounts that dealers use to push sales of their own inventory will not attract GST. The ministry clarified these are not payments for independent services to the manufacturer.

"Therefore, it is clarified that post-sale discounts offered by manufacturers to dealers in such cases shall not be treated as consideration for a separate transaction of supply of services," the CBIC said.

If dealers explicitly provide services like advertising, co-branding, special sales drives, or customer support under an agreement with defined consideration, GST will be applicable.

EY Tax Partner Saurabh Agarwal said the circular correctly distinguishes between a genuine trade discount and a separate service. It affirms that where manufacturers and dealers operate on a principal-to-principal basis, discounts provided by the manufacturer to the dealer, intended solely for competitive pricing and sales promotion, are not a consideration for any independent service.

This crucial distinction resolves a key pain point and brings the tax treatment in line with commercial practice.

"In light of these clarifications, businesses must revisit their contractual arrangements and tax positions. The government's clear demarcation between trade discounts and promotional services will significantly reduce interpretational disputes and provide greater certainty in compliance for the industry, paving the way for a more streamlined GST regime," Agarwal said.

(With inputs from PTI).