Imposition
of transaction tax on commodity trades will prove to be retrograde move for
India’s commodity market
The
commodity derivatives market in India was set up to serve the price risk
management and price discovery functions. Commodity derivatives such as forex
futures and Interest Rate Futures are hedging tools and are not for investment
purpose. An important step to realise the full potential of a commodity
derivatives market is to have a congenial tax environment so that the market
can play a critical role in facilitating hedging, and mitigating volatility in
prices, leading to efficient price risk management for market participants.
India’s
commodity derivatives are comparatively a lot more disadvantaged than any other
exchange traded segment in the country. Unlike the equity market, which enjoys
a congenial tax environment with various tax exemptions, a host of taxes are
imposed on commodity spot and derivatives transactions.
Though,
Securities Transaction Tax (STT) is imposed on equity (cash and derivatives)
segments, there are various advantages enjoyed by these segments, which is not
enjoyed by the commodity derivatives markets.
Some of these include:
·
The largest
contributors to the equity market volumes are Banks, Mutual Funds and FIIs.
They are not allowed to participate in commodity markets. Moreover, in terms of
products, the largest contributors to volumes are indices, options and cash
segments. The commodity derivatives markets are not permitted to offer these
products for trading.
·
Trading in options and indices is not permitted in the
Indian commodity derivatives market whereas it is permitted in the Indian
equity derivatives market.
·
Derivative
transactions other than those in commodities are recognised as ‘hedging’ for
income tax purposes, even if they do not culminate in physical delivery of the
underlying. This benefit is not
provided to the commodity derivative transactions.
·
In the case of
equity derivatives transactions, speculative losses are treated as business
loss and can be off-set by profits while in case of commodity derivatives
transactions, it is treated as “speculative” income, despite being a hedging
platform.
·
In the case of
equity derivatives transactions, short-term gains are taxed at a concessional
rate and long-term capital gains are not taxed, whilst in the case of commodity
derivative transactions, short-term and long-term capital gains are treated as
“speculative”. Similarly in the case of equity cash transactions, business
profits can be set-off by losses in equity derivatives transactions. However,
this is not allowed in the case of commodity spot transactions.
·
The tax treatment of the commodity spot transactions vis-à-vis the equity
cash transactions are also stacked in favour of the latter. VAT, Mandi
Tax, Cess, Octroi, Excise duty, Customs Duty are some of the taxes levied on the commodity spot transactions. These
are not levied on equity cash transactions. Business profits can be set-off by
losses under section 43(5) of the IT Act, 1961 in the case of equity
derivatives trades, while this provision is not there for commodity spot trades
Imposition of transaction tax on commodity derivatives
will increase the cost of “hedging” transactions, impair hedging efficiency,
and will drive out hedgers. By increasing the cost of participation, the
transaction tax will negatively impact the small players, Small and Medium
Enterprises (SMEs), farm community, producers, processors, importers, exporters
etc. They will lose out on a potent
domestic risk management platform in the process. This will also lead to job losses and loss in
incomes.
The size of the illegal market in commodity
derivatives is a few times that of the regulated commodity exchanges.
Imposition of transaction tax on commodities market will further boost the
illegal ‘dabba’ markets. Moreover, all
the gains to the state and central exchequer because of the network effect of
the commodity derivative exchanges would be drastically diminished with the levying
of transaction tax on commodity derivatives transactions.
KOCHI- Kerala Cardamom
Dealers Chamber
Mr. Santhosh Joseph, Secretary,
Kerala Cardamom Dealers Chamber has said, “We at the Kerala Cardamom Dealers
Chamber are alarmed at some of the newspaper reports suggesting that the
government is considering bringing commodity futures trading under Security
Transactions Tax or STT. He added,“..if tax is imposed on commodity trading,
the market will become too costly for hedgers to hedge their risks.”
KOCHI- Cardamom
Planters’ Association
Mr. S. V. Subramanian,
President , Cardamom Planters’ Association has said, ”.… if the commodity
futures trading in India are unfortunately subjected to transaction tax, common
participants like us (spices farmers) would be maximum affected. In short
commodity transaction tax will prove to be a bane to the spices economy, hence
we urge upon you to please refrain from imposing it.”
CHENNAI- Tamilnadu Small & Tiny Industries Association
In a letter to the Union Finance Minister, Shri P.
Chidambaram, Mr. V. Nithiyanantham, Hon. General Secretary, Tamilnadu Small
& Tiny Industries Association, has said, “… the increasingly volatile metal
prices have been posing risks of uncertain cash flows and at times risks even
the very survival for many firms, especially those in the SME sector. Fortunately,
commodity exchanges in India provide a platform for the industry participants
to manage risks arising from metal price volatility.” He has also requested the
Hon’ble minister, “to recognize the varying role played by the Indian commodity
futures market in contrast to stock market… and desist from imposing a
transaction tax on this market.”
CHENNAI- Tamilnadu Investors’ Association
Mr. Shyam Sekhar, President of Tamilnadu Investors’
Association, a SEBI recognized investors Association, has requested the Union
Minister of Finance to consider that, “Participants in commodity derivative
markets all over the world are very sensitive to costs and the profits are made
on marginal price movements. Imposition of CTT has the possibility of
increasing the costs significantly thereby encouraging the market players to
move to other low-cost parallel markets which may not be legal in nature.”
BANGALORE- Peenya Industries Association
In a memorandum on behalf of the metal-related
industries, to the Union Minister of Finance, Mr. Ravi Basavraju, President,
Peenya Industries Association has appealed to, “….not deny us the cost
effective risk management platform that commodity futures market has been
offering and request you to desist from imposing a transaction tax on this
market”
BANGALORE- Copper Consumers’ Association of South India.
“Any increase in cost of participation in commodity
futures market through transaction taxes (if any), would have multiplier effect
on our risk management strategies, posing big uncertainties to our industry.
While increased cost will increase our direct cost of hedging in commodity
futures market, the increased cost would also lead to fall in overall market
liquidity, raising impact cost, which would further indirectly add to our cost
of hedging,” said Mr. Jayaram Krishnappa, President, Copper Consumers’
Association of South India.
BANGALORE- University of Agricultural Sciences
In a plea to the Union Finance Minister Dr. P.K.
Mandanna, Professor & University Head Department of Agricultural Marketing,
Co-operation and Business Management - University of Agricultural Sciences has
said, “If a transaction tax is introduced in this market, hedging will become
too expensive for the hedgers and they will be left without any protection from
commodity price risk. Farmers and other small producers will be the worst
affected, as they are most vulnerable to commodity price risk”.