#BudgetwithPwC

Highlights of Union Budget 2020 announcements in the Power Sector

• Budget 2020 has proposed to set-up large solar power capacity alongside rail tracks on railway land.
• It is proposed to allocate INR 220 billion for power and renewable energy sector and the Government has urged State Governments to implement smart meters.
• It is proposed to operationalise a scheme to enable farmers to set-up solar power generation capacity on their fallow/ barren lands and to sell it to the grid.
• It is proposed to close power plants that are old and exceeding carbon emission norms. The land could be used for alternative purposes.

Implications:

• The time-bound proposal to shift to pre-paid smart meters in Union Budget 2020 can truly help utilities improve cash collection as well as help consumers get a competitive power supply. This is, eventually, a positive for generators too who currently suffer delays of 6-8 months and are sitting on surplus capacity that could be sold if they had access to consumers.
• Sovereign wealth funds (SWFs) that already have a presence in India’s renewables, hydro, transmission and distribution sectors will see the 100% tax exemption on interest, dividend and capital gains as a huge positive. This, in addition to the corporate tax cut for power generators announced by the Finance Minister, should attract new investments, encourage early closure of inefficient plants and reduce marginal cost of generation.

Union Budget 2020 - Impact on M&A Tax

Touted as the toughest budget in a decade, the Government had its task cut for pleasing the taxpayer and investors with Union Budget 2020. While the direction is clear to – eliminate tax harassment and simplify taxes, whether it would provide the necessary impetus and optimism in the economy only time would tell. There have been significant changes proposed in the tax provisions which would have impact on the transactions/Mergers & Acquisitions (M&A) space:

• Elimination of Dividend Distribution Tax (DDT) – DDT was as an additional cost for repatriation of dividends from Indian companies. Therefore, the acquisition of a holding company or investment in an Indian operating entity by foreign companies was expensive. Further, the foreign companies will now also be able to take credit of withholding taxes on dividend paid in India.
• 15% concessional tax rate extended to Power sector – The reduction in taxes should act as a catalyst for investment in the Power Sector. This can provide much needed relief and the foreign investors may look at the sector from positive lens.
• Time period to obtain approval for affordable housing project extended to March 2021. This may attract much-needed foreign investment in the sector.
• Period for 5% withholding taxes extended for foreign currency borrowings

Implications:

The amendments/incentives may act as one of the key parameters during an M&A deal.

Union Budget 2020 - Impact on GST

Central GST collection target for this financial year (FY 19-20) has been revised downwards from INR 526,000 crores to INR 514,000 crores. The target for FY 20-21 has been pegged at INR 5,80,000 crores, a growth of about 13% from the revised collection target, which seems to be a positive step towards setting up more realistic targets.

On GST, directionally, thrust towards simplification and technology-led administration are expected to continue. The proposal of implementing a system of cash reward to incentivise customers seeking invoice should help create a more compliant GST ecosystem. Proposal to make fraudulent claim of input tax credit without any invoice or bill a cognizable and non-bailable offence is important and should help the Government enforce a check on tax evasion, though it needs to be ensured that the same is implemented well on the ground.

Changes incorporated in the Customs Act to provide for stringent checks on preferential duty claims on goods imported under a free trade agreement (FTA) based on rules of origin requirements would necessitate a complete review of current imports by the businesses.

Implications:

There has been a decision to review all Customs duty exemptions by September 2020, which is a directional shift to provide additional incentive to domestic manufacturing. However, it will have to be seen if increasing Customs duty alone would help the Government meet this objective.

Highlights of Union Budget 2020 announcements in Pharma & Life Sciences

• Increased outlay for health and nutrition.
• Increased outlay for Ayushman Bharat.
• “TB Harega Desh Jeetega” campaign launched to end TB by 2025.
• “Mission Indradhanush” has been expanded to cover 12 diseases, including five new vaccines.
• Elimination of Foot and Mouth Disease and Brucellosis in cattle and PPR in sheep and goats by 2025.
• Exemption from basic customs duty on Japanese Encephalitis vaccine imported by the Andhra Pradesh Government through UNICEF falling under Chapter 30 is removed; these goods will attract basic customs duty at 5%.
• Expansion of Jan Aushadhi Kendra Scheme to all districts offering 2000 medicines and 300 surgical procedures by 2024.
• Support of INR 10 billion for technology upgrades, R&D, business strategy, etc., for varied industries, including pharma.
• Imports of medical devices falling under headings 9018 to 9022 will be imposed with 5% health cess, except those exempt from basic customs duty. Export promotion scrips shall not be used for payments of said cess.

Implications:

• These initiatives will have a positive impact in improving the overall affordability and accessibility to health for all. It will generate more opportunities for pharma and medical devices companies to address the demand generated by health campaigns targeted for specific diseases and Ayushman Bharat.
• Investment in technology upgrade for R&D will lead to better outcomes and cure.
• Imposing health cess on the import of medical equipment will provide an impetus to the domestic medical devices industry and create Ayushman-empaneled hospital infrastructure in the aspirational districts.

Highlights of Union Budget 2020 announcements in Logistics

• Union Budget 2020 has proposed to accelerate the development of highways, including the development of 2500 km access control highways, 9000 km of economic corridors, 2000 km of coastal and land port roads and 2000 km of strategic highways.
• A National Logistics Policy will be released soon. Inter alia, it will clarify the roles of the Union Government, State Governments and key regulators. It will create a single window e-logistics market and focus on the generation of employment, skills and making MSMEs competitive.
• The NSAD will give special impetus to infrastructure-focused skill development opportunities. Budget 2020 proposes to set up a project preparation facility for infrastructure projects.
• To support the Udaan scheme, Union Budget 2020 has announced 100 more airports to be developed by 2024. It is expected that air fleet size shall increase from 600 to 1,200 during this period.
• It is proposed to provide about INR 1700 billion for transport infrastructure in 2020-21.
• Withholding tax rate of 5% extended in respect of money borrowed by an Indian company/ business trust in foreign currency under loan agreement, or issue of long-term bonds or rupee-denominated bonds prior to 1 July 2023 (earlier, 1 July 2020).
• Interest payable in foreign currency to non-residents on long-term bonds or rupee-denominated bonds listed only on IFSC exchanges between 1 April 2020 and 30 June 2023 will enjoy a lower tax rate of 4%.

Implications:

• The proposed Kisan Rail and Krishi Udaan are good initiatives to improve connectivity and accessibility to help bridge the gap between farms and the agri-produce markets. It would be important to concurrently address gaps in first and last-mile infrastructure and connectivity to ensure end-to-end supply chain.
• Acknowledging the potential in the sector for employment, the Finance Minister has emphasised that the NSAD will give special impetus to infrastructure-focused skill development opportunities.
• The proposed setting up of a project preparation facility for infrastructure projects will help address a critical capacity issue for infrastructure sector, as projects often fail to move from concept to implementation because of poor project preparation, resulting in failure to attract funding and project developers. However, these project preparation facilities will need to draw upon experienced manpower resources to help prepare projects, or it could result in sub-optimal realization of objectives.
• The augmentation of airport capacity under the Udaan Scheme, through the proposed development of 100 new airports by 2024, is a big positive for the aviation sector.
• The National Logistics Policy, which will be released soon, is expected to help create a single window e-logistics market that focuses on driving efficiencies and reducing the overall logistics cost. 

Highlights of Union Budget 2020 announcements in Healthcare

• Healthcare budget allocation has been increased to INR 690bn from INR 626.59bn.
• Government proposes VGF for setting up new hospitals in tier 2 and tier 3 cities under the PPP mode, focusing on underserved areas, and increasing the uptake of the Ayushman Bharat scheme.
• The Government has launched the TB campaign, “TB Harega, Desh Jeetega”; reinforces TB free target by 2025.
• It is proposed to set up medical colleges attached to district hospitals under PPP model with VGF funding from Central Government to overcome the shortage of qualified medical doctors.
• National science schemes to set up genetic databases for use in medicine, agriculture, etc.
• Digital connectivity will offer coverage to all anganwadis.
• The Budget has allocated INR 30bn for skill development programmes for nurses, paramedical staff and caregivers going overseas, as a part of the overall skill development programme.

Implications:

• These initiatives from the Government will have a positive impact on the sector and solve supply side constraints.
• New hospitals in tier 2 and tier 3 cities will improve access to care.
• New medical colleges will improve the supply of clinicians.
• Skill development will provide employment opportunities both in India and overseas, as well as improve the overall service standards.
• PPP mode will provide business opportunities to private players with the Government continuing to transition to being a payor from a provider of healthcare services.

Highlights of Union Budget 2020 announcements in E-commerce

• The Government has proposed a seed fund to support early-stage start-ups and setting-up of an investment clearance cell that will provide entrepreneurs end-to-end facilitation and support at the Centre and State level.
• Deferment of ESOP taxation and abolishment of DDT for corporates has been proposed in Union Budget 2020.
• MSME compliance burden has been reduced by raising auditing threshold five times, from INR 10 million to INR 5 million for MSMEs who transact over 95% via digital payments.
• INR INR 1700 billion has been allocated for transport infrastructure and setting up of a governance framework for ports. In addition, a National logistics policy has been proposed to create a single-window e-logistics market.
• Government has proposed reduction of withholding tax on technical services to 2% from 10%, and introduction of 1% withholding tax on payments by eCommerce marketplace to seller for sale of good or services on its platform.

Implications:

• The significant push from the Government towards building transport infrastructure will enable seamless flow of goods and ease challenges of eCommerce players related to last-mile delivery. This is a positive step towards reducing the logistics cost thereby improving global competitiveness of the industry.
• Financial support and slew of measures introduced to ensure ease of doing business for the Indian start-up ecosystem will act as a major boost for the domestic eCommerce segment and MSMEs, leading to creation of more jobs.
• Proposed withholding tax changes are expected to have positive as well as negative cash flow implications for eCommerce players. However, additional withholding tax obligation on eCommerce marketplace to lead to additional compliance burden.

Highlights of Union Budget 2020 announcements in Real Estate and Infrastructure

Infrastructure highlights – Budget 2020

• Viability gap funding to be provided for setting up efficient warehouses and hospitals on PPP basis.
• Government has proposed to develop five new smart cities on PPP basis.
• “Kisan Rail” - a seamless national cold supply chain to be set up by Indian Railways on PPP basis.
• Proposal to attach a medical college to an existing district hospital on PPP basis.
• Farmers may be able to contribute to solar power generation by utilising barren lands.
• Land alongside rail tracks to be utilised for solar power generation.
• The Government will undertake development of 2500 km access control highways, 9000 km of economic corridors, 2000 km of coastal and land port roads and 2000 km of strategic highways.
• At least 12 lots of highway bundles of over 6000 km to be monetised before 2024.
• At least one major port to be corporatised and listed on stock exchanges.
• Over 100 airports to be developed by 2024 to support Udaan scheme.
• Proposal to expand the national gas grid from the present 16,200 km to 27,000 km.
• Policy to enable private sector to build Data Centre parks to be rolled out soon.
• Income from investments in equity and debt made by Sovereign Wealth Funds (fulfilling prescribed conditions) to be exempted from tax.

Real Estate highlights – Budget 2020

• Dividends from SPVs exempt for REITs/ InvITs would now be subject to WHT at 10%.
• Time limit for approval of affordable housing projects, eligible for tax holiday, extended to 31 March 2021.
• Interest on loans (up to INR 0.15 million) for affordable houses sanctioned on or before 31 March 2021 eligible for deduction.
• Current safe harbour of 5% has been enhanced to 10% in cases where the transaction value is less than the stamp duty value.
• For determining cost of acquisition, FMV of land and building as on 1 April 2001 to be restricted to the stamp duty value as on 1 April 2001.

Implications:

• Given the exemption extended to Sovereign Wealth Funds, their investment in infrastructure projects is likely to go northwards.
• The additional tax on dividend in case of unitholders in REITs/ InvITs are likely to impact yields.
• The threshold limit (of stamp duty) is likely to result in higher capital gains tax for assets held as on 1 April 2001.
• Some of policy measure such as creation of new smart cities, study in India, development of data centres and modernisation of railway stations are likely to keep the sector upbeat over a medium to long term. The initiatives would also help in aligning India with the overall global market dynamics.