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8/7/2019 CIT- Final
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Challenges of TourismTaxation in India
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TaxationTravel and tourism in India is a high-taxed industry, which makes India
expensive as a tourist destination.
This is affecting the growth of the industry in India and India is losing
out to other low-cost destinations.
Inbound tourism is the one most affected. Various taxes are levied
across the entire industry right from tour operators, transporters, airline
industry to hotels and these include service tax, luxury tax, tax on
transportation, tax on aviation turbine fuel (airline industry), and various
taxes on transportation.
In addition, these tax rates tend to vary across different states in the
country.
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TAX REFORMS : END DISCRIMINATION
The biggest impediment has been the tax structure on tourism, both
at the central and state level so much so we have the dubious
distinction having the heaviest taxation on tourists at-least in two cities
in Mumbai and Delhi.
The tour operators themselves are haunted by the spectre of service
tax, a levy that will kill the trade.
Besides, the tour operators who earn foreign exchange like any
exporters suffer from gross discrimination.
While exporters are allowed 100 per cent deduction on their turnover
under 80 hhc of the income tax act, the tourism sector with far less
outgo of earnings has to be treated at par with exporters.
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Tourism industry Must be allowed all the benefits available to
exporters & software engineers.
The same envisage certain benefits such as 10 years tax holiday, duty
free import, import of restricted items etc.
IATO urges that income tax should be amended in line with revised
exim policy to enable service providers to avail the tax benefit Incomefrom foreign travel groups received as short term advance again attract
a discriminatory provision.
This money deposited in banks is treated as a fixed deposit while it is
purely a business income. This is a discriminatory disincentive.
The differing rates of road taxes and collection systems hurt free inter-
state movement.
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THE LUXURY TAX
Luxury Tax is a tax that is levied by most of the state governments
(not all) to fill their coffers at the expense of tourists. And the funniest
part is, its levied on the official tariff of the room where you had put up.
Consider that you are on a holiday, say at Ooty and the Hotelwallahshappily gave you a discount of 20 % on the rack rate. The rack rate is the
one that is mentioned on the reception. Supposing accommodation you
chose was for Rs 1500 and the reception lady smilingly gave you the
room for 1200, a 20% discount as it was off-season. You felt on top but
just to find that on the bill a 14% luxury tax has been levied and that tooupon the rack rate which in this example was Rs 1500.
The highly varying rates of luxury tax, which ranges from 5 per cent
in Uttar Pradesh to 20 per cent in Tamil Nadu are an anomaly that needs
to be replaced by a rationalized tax structure.
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Luxury Tax not only irks the ordinary travelers but is adding to the
woes of hoteliers and the travel agents. Hit by recession and terror the
hospitality industry is facing a lull, luxury tax is not making it any easier.
India is expected to lose out to neighbouring tourist destinations like
Malaysia, Indonesia and Singapore, thanks to the increased burden of
tax on the Indian hotel industry.
In the Union Budget 2011-12, the government has announced a 10%
service tax on hotel accommodation in excess of Rs 1,000 per day and
on service provided by air-conditioned restaurants that have licence to
serve liquor.
IATO, since its inception, had been asking for uninterrupted
movement of coaches through different states and single point
collection and rationalisation of taxation policy.
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It is sad to state that repeated requests year after year have been
overlooked.
Hassle-free Interstate movement is essential for the growth ofdomestic and international tourism.
Air transportation has a symbiotic linkage with tourism. And for that
reason, it would have been better if both were placed under one
Ministry. It will also be in the greater interest of tourism, that there
should be stable air schedules for services for linking tourist
destinations.
This will be possible if only there is greater competition among theairlines sector. Unfortunately the high taxation on the Air Transport
industry has made them focus on the productive routes and thus the
competition has taken a back seat. As a result, tourist destinations like
Khajuraho, Lakshadweep, Port Blair and Leh have been affected.
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IATO regrets that not withstanding the commitment as early as last
September, the Railways have not yet recognised tour operators'
services so much so that many foreign tourists are inconvenienced to
procure train booking.
Seat capacity is also inadequate on tourist circuits. Visa fees should be
frozen for some countries during Visit India Year.
Another long standing demand of the IATO is to extend "Shatabdi"
train from Jaipur to Agra and vice versa has not been met.
IATO suggests more interaction between tour operators and the
railways to promote tourism.
Tour operators should be treated as a separate category.
Railway policy should pay special attention to the protection of
visitors.
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Challenges posed
on Tourism
department by thelatest Union
Budget passed
in 2011 :-
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1.The Finance Minister has imposed a service tax of Rs. 50 on domestic
air travel & Rs. 250 on international air travel. This would deter the
common man from taking to air travel.
2.The Finance Minister also imposed 10% tax on hotel accommodation
in excess of Rs. 1,000 per day. However he also mentioned abatement of
50% which means tourists will have to pay 5% more tariff, which is again
a deterrence.
3.He also imposed 10 per cent service tax on AC restaurants serving
liquors. However he did give away abatement of 70 per cent which is
going to add 3 per cent in your bill.
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The core problem
One problem that is often cited by the stakeholders in the Indiantourism industry is the high incidence of taxation.
Thus the country is plagued by a multitude of central and state leveltaxes on tourism offerings, which often have a cascading effect on the
final price that is paid by the tourist.
The result: Lower demand for tourism products with tax-friendlyalternative destinations gaining in the process.
A comparison with nations that compete with India in the tourismsector substantiates this point ( see graph below ).
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The core problem
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Problem Solver
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Immediate action points in tourism
taxation
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Enhancing Indias Competitiveness As
A Tourist Destination Domestic air travel is very expensive compared to neighboring
countries. Central excise duty and high rate of state sales tax -average 25 per cent - on aviation turbine fuel (ATF) constitute
30 percent of operating cost of domestic flights in India.
There is need for notifying ATF as a declared good attractingonly a uniform central sales tax of 4 per cent to reduce thecost of domestic air travel.
Hotel tariff in India is also very high because municipal bodiesauction land for building hotels, which makes it difficult forhoteliers to construct budget hotels.
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Taxes, such as luxury tax at the state level, also increase the cost of
hotel accommodation. High taxation, differential rates of taxes invarious states on tourist vehicles, entry tax, and parking charges at
each state/destination push up the cost of tourist transport .
another key segment of the sector . and also subject the tourists toavoidable harassment because the vehicle needs to stop at each state
border to pay the taxes.
Tourist Trade Associations estimate that all these factors make Indiamore expensive by 25 per cent to 30 per cent as compared with other
tourist destinations in the region.
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Travel agents take up air fare tax issue
with Finance Minister
Travel Agents Association of India (TAAI) seems to beaggressively pursuing the issue of double taxation being leviedby the Government on air ticketing.
According to TAAI, apart from 12.36 per cent service tax onthe air fare, there is an additional tax of around 1.23 per centon the travel agents commission.
This double taxation leads to a total of around 13.5 per centservice tax being charged on the same air fare.
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'Levy service tax on airlines, not
travelers'
TAAI is demanding an amendment to make the tax levied on an
airline in place of the to a customer in Section 65 of the Finance
Act, 1994.
Major travel agents across the country are also upset. Budget
conscious travelers prefer booking an air ticket directly on airlines
website to avoid paying this service tax. Many hotels are also taking
advantage of this tax and luring consumers to book a hotel room
directly.
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Travel agents are already losing out because of rupee appreciation and
to top it they have multiple taxes.
The top tour operators such as, Thomas Cook, Cox & Kings, Kuoni
Group, Raj Travels comprise 20% of the industry. While there are a large
number of small travel agents across the country. Other associations are
also supporting TAAI. There are only about 80-85 odd airlines in the
country and about 2,600 IATA agents, over 35,000 non-IATA agents who
all pay service tax and file returns. Service tax should be levied and
collected at the airline or the hotel level.
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Thank You
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