Understand the implications of Rule 86B on ITC utilisation, its impact on businesses, and the exceptions available for FY 2025-26.
How ITC Utilisation Worked Before Rule 86B
Restrictions Imposed Under Rule 86B
Impact of Rule 86B on Businesses & Working Capital
FAQs on Rule 86B
Before the introduction of Rule 86B, businesses had more flexibility in utilising their Input Tax Credit (ITC) to offset their output tax liabilities.
Full Utilisation of ITC
Businesses could fully utilise the ITC available in their electronic credit ledger to discharge their output tax liabilities.
No restrictions on the percentage of ITC utilisation.
Allowed for seamless cash flow management.
Facilitated easier compliance with GST obligations.
Order of ITC Utilisation
The order of ITC utilisation for CGST, SGST, and IGST was predefined but flexible in terms of full utilisation.
CGST credit could be used for CGST and IGST liabilities.
SGST credit was utilisable for SGST and IGST liabilities.
IGST credit could be used for any of the three tax liabilities.
Impact on Cash Flow
The ability to fully utilise ITC helped businesses maintain better cash flow by reducing the need for cash payments.
Reduced immediate cash outflow for tax payments.
Enhanced liquidity for operational needs.
Simplified financial planning and budgeting.
Compliance Simplicity
The process was straightforward, allowing businesses to focus more on growth and less on compliance complexities.
Less administrative burden.
Fewer disputes related to ITC utilisation.
Streamlined tax filing processes.
Rule 86B introduced specific restrictions on the utilisation of ITC, impacting how businesses manage their tax liabilities.
99% Utilisation Cap
Businesses can only use ITC to discharge up to 99% of their output tax liability.
Applicable to registered persons with monthly taxable supplies over ₹50 lakh.
Requires 1% of the tax liability to be paid in cash.
Ensures a minimum cash payment to the government.
Monthly Applicability Check
The ₹50 lakh threshold must be verified each month before filing returns.
Ensures compliance with the rule on a monthly basis.
Prevents circumvention through periodic assessment.
Requires careful monitoring of monthly turnover.
Exceptions to the Rule
Certain businesses and individuals are exempt from the restrictions under Rule 86B.
Entities paying over ₹1 lakh in income tax in the last two financial years.
Businesses receiving refunds exceeding ₹1 lakh for exports or inverted tax structures.
Government departments, PSUs, local and statutory authorities.
Worked Example
Illustration of Rule 86B application for a business with significant turnover.
A business with ₹1 crore taxable supply at 12% GST must pay ₹12,000 in cash.
99% of ₹12 lakh tax liability can be covered by ITC.
Ensures compliance with the 1% cash payment rule.
The introduction of Rule 86B has significant implications for the cash flow and operational efficiency of businesses.
Increased Cash Flow Requirements
Businesses need to manage additional cash flow to meet the 1% cash payment requirement.
Potential strain on working capital for large taxpayers.
May necessitate adjustments in financial planning.
Could impact liquidity and operational efficiency.
Impact on Large Taxpayers
The rule primarily affects large taxpayers with significant monthly turnover.
Micro and small businesses largely unaffected.
Focus on curbing tax evasion through fake invoicing.
Encourages transparency and accountability.
Compliance and Administrative Burden
Additional compliance requirements may increase administrative efforts.
Need for regular monitoring of turnover and ITC utilisation.
Potential increase in compliance costs.
Necessitates robust accounting and tax management systems.
Long-term Benefits
Despite short-term challenges, the rule aims to foster a more compliant tax environment.
Reduces the risk of fraudulent activities.
Promotes fair competition among businesses.
Enhances the credibility of the GST system.
What is Rule 86B under GST?
Rule 86B limits the use of Input Tax Credit (ITC) to 99% of the output tax liability for businesses with monthly taxable supplies exceeding ₹50 lakh. It requires at least 1% of the tax liability to be paid in cash.
Who is exempt from Rule 86B restrictions?
Exemptions include entities that paid over ₹1 lakh in income tax in the last two financial years, received refunds over ₹1 lakh for exports or inverted tax structures, and government departments, PSUs, local and statutory authorities.
How does Rule 86B affect small businesses?
Rule 86B primarily targets large taxpayers with significant turnover. Micro and small businesses with monthly taxable supplies below ₹50 lakh are generally unaffected by this rule.
What is the purpose of Rule 86B?
The rule aims to curb tax evasion by preventing the misuse of fake invoices and ensuring that a portion of the tax liability is paid in cash, thereby enhancing the transparency and credibility of the GST system.
How is the 1% cash payment calculated under Rule 86B?
The 1% cash payment is calculated on the total output tax liability for the month. For example, if the tax liability is ₹12 lakh, at least ₹12,000 must be paid in cash, with the remainder covered by ITC.
Can businesses still fully utilise their ITC under Rule 86B?
No, businesses cannot fully utilise their ITC under Rule 86B. They must ensure that at least 1% of their output tax liability is paid in cash, with the rest covered by ITC.
What happens if a business fails to comply with Rule 86B?
Non-compliance with Rule 86B can result in penalties and interest charges. Businesses must ensure they meet the 1% cash payment requirement to avoid such consequences.
Is Rule 86B applicable to all GST registered persons?
No, Rule 86B is applicable only to registered persons with monthly taxable supplies exceeding ₹50 lakh. It does not apply to those below this threshold or those meeting exemption criteria.
How does Rule 86B impact working capital management?
Rule 86B can increase cash flow requirements, impacting working capital management. Businesses may need to adjust their financial strategies to accommodate the 1% cash payment requirement.
Are there any long-term benefits of Rule 86B?
Yes, Rule 86B aims to reduce fraudulent activities, promote fair competition, and enhance the credibility of the GST system, contributing to a more compliant tax environment in the long run.