GST Exempted Medicine List

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In India, the Goods and Services Tax (GST) has introduced a range of tax rates for pharmaceutical products. However, not all medicines are subject to these taxes. Some are exempt from GST, providing essential financial relief for those in need. This article delves into the list of GST exempted medicines list, examines the impact of GST on the pharmaceutical sector, and discusses how these exemptions benefit both consumers and businesses. 

By understanding these details, you’ll gain insight into how GST shapes the accessibility and affordability of essential medicines. So let’s get started.

The GST Exempted Medicine List: What You Need to Know

The GST exempt medicine list covers essential drugs and medical supplies required to treat serious illnesses or rare diseases. Here is a summary of what is included in this list.

Cancer Treatment

Cancer treatment medicines are exempt from GST. This includes chemotherapy medications and other specialised treatments used to treat cancer. The idea here is to make these life-saving medicines more affordable to patients.

Medicines for rare diseases

Rare disease treatments, sometimes referred to as orphan medications, are also exempt from GST. Because of their specialised nature, these medications are often extremely expensive. The goal of removing GST is to reduce the financial burden on individuals who require these important medications.

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Special Medical Foods

Certain food items that are prescribed for specified medicinal purposes are free from GST. These include dietary supplements tailored to patients with specific health issues. This exemption helps guarantee that patients can obtain the appropriate nutritional supplies without incurring additional costs.

Impact of GST on Medicines

Since its implementation, GST has significantly changed the tax structure for medicines. Here’s a closer look at how GST affects different categories of pharmaceutical products:

Nil GST Rate

Some essential medical goods are taxed at a Nil GST rate. This includes human blood and derivatives (vital for emergencies), contraceptives (important for family planning), and sanitary napkins (essential for menstrual hygiene).

5% GST Rate

Medicines and medical supplies subject to a 5% GST rate include life-saving drugs (like oral rehydration salts, essential vaccines, and medicines for diabetes, AIDS, and malaria), diagnostic kits (for detecting hepatitis and other serious conditions), and artificial kidneys and orthopaedic appliances (essential for patients with specific health needs).

12% GST Rate

This rate applies to a wider range of medical products, including multi-constituent medications (used for treatment or prevention), medical instruments and appliances (like X-ray machines and surgical gloves), and pharmaceutical goods (including bandages and gauze).

18% GST Rate

Products falling under this higher tax bracket include nicotine products (like nicotine gum used for tobacco cessation) and medical furniture and appliances (such as hospital beds and operating tables).

GST on Medical Services

As of July 18, 2022, GST at a rate of 5% (without input tax credit) applies to hospital room rents exceeding ₹5,000 per day for Non-Intensive Care Unit (ICU), Critical Care Unit (CCU), Intensive Cardiac Care Unit (ICCU), and Neonatal Intensive Care Unit (NICU) rooms.

However, some medical services are exempt from GST. These include:

  • Room rentals in ICUs, CCUs, ICCUs, and NICUs.
  • Room rentals where the charges do not exceed ₹5,000 per day.
  • Healthcare services that are provided by authorized doctors or paramedics.
  • Ambulance transportation services for patients.

The Benefits of GST Exemptions on Medicines

The GST exemptions for medicines stated above play an important role in reducing patients’ financial burdens. Here’s how these GST exemptions list help:

Reduced costs for patients

By exempting certain important medicines and medical supplies from GST, patients can afford critical treatments and items without incurring additional tax costs. This is especially crucial for people receiving long-term treatments or managing chronic diseases.

Encourage Compliance

Businesses that supply and distribute exempted medicines have to maintain their GST registration. This ensures that they comply with GST requirements, accurately report transactions, and adapt to potential changes in tax status.

Increased Accessibility

The exemption policy aims to make essential medical supplies more accessible to people in need. It coincides with the overall goal of improving healthcare.

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How GST Affects the Pharmaceutical Industry

The GST regime has introduced a new tax structure for the pharmaceutical industry, which has both advantages and challenges:

Advantages

1. Simplification of Tax Structure

The foremost benefit is that the GST regime combines various taxes into one, streamlining the taxation process for pharmaceutical businesses while decreasing the cascading effect of multiple taxes.

2. Impact on Prices

The new GST rates have positively impacted the pricing. The industry benefits from reduced tax rates on life-saving drugs and vaccines.

3. Input Tax Credit

Another advantage of GST in pharmaceuticals is that businesses can claim Input Tax Credit (ITC) on GST paid for medications used in their daily operations, which helps to reduce their overall tax bill.

Challenges and Considerations

While GST exemptions bring major benefits, there are some barriers to consider:

1. Compliance and Registration

Businesses that are dealing in GST exempted medicines need to ensure proper GST registration and compliance.  This includes keeping correct records and being ready for any changes in tax status.

2. Impact on Smaller Businesses

Smaller pharmacies and healthcare providers may find it difficult to cope with the complexities of GST legislation and rules, notably the ones that govern GST exemptions and input tax credits. Therefore, seeking the help of a GST professional might ease things out.

Also Read: GST Rates & HSN Codes on Flours, Meals, Pellets – Chapter 23

Conclusion

The GST exempted medicine list reflects a thoughtful approach by ensuring that essential medical treatments remain accessible and affordable for patients. By providing exemptions on critical drugs and medical supplies, the GST regime supports the goal of making healthcare more inclusive.

For businesses dealing with these exempt items, strict adherence to compliance is crucial to fully benefit from the exemptions. Staying updated on the evolving GST landscape will help both consumers and businesses effectively manage the complexities of tax regulations in the pharmaceutical sector, ensuring that the intended benefits reach the patients who need them most.

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FAQs

Can I claim an Input Tax Credit (ITC) on GST paid for medicines purchased for my pharmacy business?

Yes. The Input Tax Credit (ITC) allows you to credit the GST you’ve paid on medicines against the GST you owe, thereby reducing your total tax payment.

How is GST calculated on the sale of medicines at a pharmacy?

GST is calculated on the maximum retail price (MRP). Pharmacies add the applicable GST rate to the MRP and issue the consumer a GST invoice.

Can individuals claim GST refunds on medicines purchased for personal use?

Individuals cannot receive GST refunds on medicines bought for personal use. GST refunds are only accessible to registered businesses.

Is GST applicable to both over-the-counter (OTC) and prescription medicines?

Yes, GST applies to both over-the-counter and prescription medications, with some exceptions, such as contraception, which are exempt from GST.

How can I verify that the correct GST is charged when I buy medicines from my supplier?

Request a complete GST invoice from the supplier. It should include the MRP of the drugs, the appropriate GST rate, and the total GST payment. This ensures transactions are transparent and accurate.

 

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author avatar
CA Kritika Jain
Kritika is a seasoned finance writer with a passion for making complex tax concepts accessible to everyone. With years of experience in the financial sector, she specializes in breaking down intricate tax jargon into clear, easy-to-understand language. She has completed her education at K.C. College, Mumbai, and is a qualified Chartered Accountant.

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