GST Applicability & Tax Rates on Health Care

GST Applicability & Tax Rates on Health Care

GST for Health Care

The 47th GST Council meeting has clarified that doctors’ services provided in the form of Assisted Reproductive Technology (ART) or In vitro fertilisation (IVF) will be exempt from GST, as they fall under the definition of healthcare services. 

Additionally, the council meeting reduced the GST rates applicable to ostomy and orthopaedic appliances, including artificial implants, from 12% to 5%. Furthermore, services provided by the operators of bio-medical waste treatment facilities to clinical establishments will attract a GST of 12% with the option to claim ITC.

So, where does the indirect tax regime stand on the applicability of GST for doctors after the changes made by the council meeting? Let’s understand in detail.
Applicability of GST on Doctor's Consultation/Health Service

Under the current taxation regime, all healthcare services doctors and hospitals provide are exempt from GST. Initially, these exemptions were provided vide Notifications No. 12/2017-Central Tax (Rate) and 9/2017 – Integrated Tax (R) dated 28th June 2017. 

However, these exemptions were amended vide Notification No. 04/2022-CT(R) dated 13th July 2022 and are stated below. 
The healthcare services delivered by clinical establishments authorised medical practitioners or paramedics are exempt under GST. However, this exemption will not be available to the services rendered in the form of provision of a room (excluding intensive care unit (ICU)/critical care unit (CCU)/neonatal intensive care unit (NICU)) by a clinical establishment for an amount exceeding Rs.5,000 per day. Furthermore, no input tax credit (ITC) can be claimed on these hospital room services.
The healthcare services offered in the form of a patient’s transportation in an ambulance, excluding those services mentioned in point (a) above, are also exempt from GST levy.

Please note healthcare services exclude hair transplants and cosmetic/plastic surgery from their remit unless they have been rendered for restoration or reconstruction of anatomy or bodily functions damaged by congenital defects, injury, trauma, or developmental abnormalities. Thus, healthcare services only include diagnosing, treating, or managing disease, deformity, injury, abnormality, or pregnancy under their ambit.
To further clarify, the GST for doctors is exempt from the following services:

Medical serviceTreatment under GST

Outpatient Department Services (OPD)

Doctors’ consultation and treatment provided to patients without admittance to the hospital/clinical establishment are exempt from GST. However, GST is payable on the supply of medicines and implants through hospital-owned pharmacies to outpatients.

Inpatient Department Services (IPD)

Inpatient services, including doctors’ fees and consultancy charges, and supply of medicines, implants, consumables, bed charges, operation theatre rent, equipment charges, etc., are exempt from GST and are considered a composite supply. However, when medicine and food are offered on an optional and distinct basis, then GST needs to be paid.

Medical Test Services 

All medical tests carried out in clinical establishments are exempt.

Medical Counselling Services

A doctor’s consultancy given for the purpose of cure is exempt from GST. But a consultation provided with the purpose of care will attract GST. 

Cord Blood Bank Services

The services provided by blood banks for preserving stem cells are exempt from GST. 

Ambulance Services

No GST is levied on ambulance services.

Veterinary Services

A doctor’s services rendered for the care of birds and animals are exempt under GST.


Also, X-Rays are bundled up with healthcare services and do not attract any GST. Similarly, services rendered by diagnostic centres in clinical establishments are not subjected to any GST levy. 
But the following healthcare services are liable to GST.

Miscellaneous serviceTreatment of service

Renting 

A GST is levied on the rent paid to hospitals for the opening of medical shops on their premises

Waste Treatment Facility

The services delivered by the operators of the common biomedical waste treatment facilities to clinical establishments for treatment or disposal of bio-medical waste is subject to 12% GST with ITC.


GST Rates and HSN and SAC Codes for Doctors

Consultation services rendered by doctors are exempt under GST. Healthcare services fall under chapter heading 99. We itemise the GST for doctors and hospitals and their HSN and SAC codes below.

Healthcare Services

SAC Code

GST Rate

Healthcare services by a veterinary clinic for animals and birds

9983

NIL

Provision of health care services by an authorised medical practitioner, a clinical establishment, or paramedics except for hospital rooms (excluding ICU/CCU/ICCU/NICU) costing over Rs.5,000 per day 

9993

NIL

Ambulance services

9993

NIL

Rehabilitation, therapy, or counselling and such services provided by rehabilitation professionals recognised under the Rehabilitation Council of India Act, 1992, at medical establishments, educational institutions, or rehabilitation centres established by the Central Government, State Government, Union territory, or any entity registered u/s 12AA or 12AB of the IT Act, 1961 

9993

NIL

Services delivered by a clinical establishment by way of room [other than CCU/ICU/ICCU/NICU] costing over Rs. 5,000 per day for the provision of healthcare services with no ITC claims

9993

5%

Human health and social care services

9993

18%

Services by way of treatment/disposal of biomedical waste or incidental processes by a prevalent bio-medical waste treatment facility to a clinical establishment

9994

12%


Healthcare Goods

HSN Code

GST Rate

Drugs or medicines, this includes their salts and esters, and diagnostic test kits, specified in List 1 appended to Schedule 1

30 or any chapter

5%

Formulations created from the bulk drugs specified in List 2 appended to Schedule 1

30

5%

Medicaments (inclusive of Ayurvedic, Siddha, Unani, Homoeopathic, and Bio-chemic systems) manufactured exclusively in accordance with the formulae depicted in the authoritative books specified in the 1st Schedule to the Drugs and Cosmetics Act, 1940, Homoeopathic Pharmacopoeia of India, the USA or the UK or the German Homoeopathic Pharmacopoeia and sold under the name as specified in this pharmacopoeia

30

5%

Drugs or medicines, this includes their salts and esters, and diagnostic test kits, specified at S.No.180 and formulations specified at S.No.181 in Schedule 1, intended for personal use

9804

5%

Other drugs and medicines for personal consumption

9804

12%

Orthopaedic appliances, including crutches, surgical belts, and trusses

Splints and other fracture appliances

Appliances that are carried or worn or implanted in the body to make up for a disability or some defect 

Artificial body parts 

Intraocular lens (excluding hearing aids)

9021

5%

Pharmaceutical goods that are specified in Note 4 to Chapter 3006, i.e., sterile surgical catgut, tissue adhesives for surgical wound closure, and other similar suture materials (this includes sterile absorbable surgical or dental yarns) 

Sterile absorbable surgical or dental haemostatics

Sterile laminaria and sterile laminaria tents

Steriledental or surgical adhesion barriers (absorbable or otherwise) Ostomy appliances

Waste pharmaceuticals, excluding contraceptives

3006

12%


Availability of ITC for Doctors
 
Since healthcare service providers, including doctors, are exempt from paying any GST, they cannot claim any input tax credit (ITC). Additionally, the incorporation of 5% GST on hospital rooms, without allowing for ITC claims, has raised the cost of medical services. Even hospitals with their own waste treatment plants are ineligible to claim ITC, despite being liable to pay 12% GST.

Conclusion

In India, the majority of healthcare services are exempt under the GST regime. Therefore, there is no levy of GST for doctors for medical services rendered by them. However, with the 47th GST council meeting levying a GST of 5% on hospital rooms, the cost of availing healthcare services is set to rise, as hospitals cannot claim any ITC on it.





Created & Posted by Sony Garg
Accountant at TAXAJ

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