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After introduction of GST on pharmaceuticals and medical supplies in India are taxed at four separate rates of Nil, 5%, 12% and 18%. The nil GST on medicines is currently only applicable to human blood and its derivatives as well as all types of contraceptives. The highest GST rate on medicines i.e. 18% is applicable only to products containing nicotine polacrilex such as nicotine gum. The lowest GST rate of 5% (apart from the nil GST rate) is applicable to pharmaceutical products designated as “life-saving drugs” including oral rehydration salts, vaccines, as well as medicines such as those used to treat diabetes, tuberculosis, HIV-AIDS, malaria, etc. As of yet, no pharmaceutical products are featured in the highest 28% GST rate.
The zero GST on medicines is currently applicable only to the following products:
5% is the lowest GST rate on medicines and medical supplies (other than nil GST) and applicable to some key types of pharmaceutical products such as*:
*List is indicative and many other pharmaceutical products are included in the 5% GST rate category
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The 12% GST rate is currently applicable to a majority of medicines and other pharmaceutical preparations. Some of the key products featuring the 12% GST Rate are as follows*:
*List is indicative and many other pharmaceutical products are included in the 12% GST on medicines and medical products category. Know more about GST Rates 2019 in India
The 18% GST rate is the highest applicable to pharmaceutical products in India and only a few medicinal items are included in this section. The following are medicines/pharmaceutical-related products which attract this high GST rate:
*List is indicative and many other pharmaceutical products are included in the 18% GST on medicines and medical products category. Check out the Paisabazaar GST Rate Finder tool to get the complete list of goods/services included in the GST Act.
Health care services for both humans and animals (veterinary medical services) are included in the GST Act. Under existing rules, there is nil GST on health care services provided by an authorized medical practitioner, licensed medical or paramedical clinic. The same nil GST rate also applies to any and all medical services provided during transportation of a patient by ambulance. In case of veterinary health care services provided to birds/animals at authorized clinics, the applicable GST rate is also nil.
Initially there was confusion regarding GST charges on medicines and other medical consumables used during hospitalization (in-patient treatment). In response to a query on this issue, the Authority of Advance Ruling (AAR) in Kerala has ruled that supply of medications, implants and other consumables used (e.g. diagnostic supplies and surgical equipment) during hospitalization will feature nil GST. As per the AAR, these are to be included as part of composite supplies included as part of healthcare services hence the nil GST rate will be applicable. This advance ruling is applicable to treatments carried out at all registered hospitals, clinics and physicians across India.
Under the VAT regime, medications and other medical supplies were impacted by cascading taxation as both excise duty and VAT were applicable to all medical supplies including medicines. This has been eliminated through the introduction of GST on medicines and other healthcare productions. In case of various lifesaving medications, the price of medicines under GST has remained nearly the same. This is because a VAT rate of 4% on 65% of MRP (i.e. 4% VAT was on top of excise duty) being replaced by GST rate of 5%, leading prices to be maintained at the same level in terms MRP. In case of dietary supplement products, the removal of excise duty has led to increased profitability and lower prices as these tax reduction benefits get passed on to customers.
The main impact of GST implementation has been on the supply chain of pharmaceutical products. Under the earlier VAT regime, the central state tax (CST) payable for interstate transactions was 2%. In order to avoid this tax burden, pharmaceutical companies maintained depots in every state/union territory where they operated. Subsequent to introduction of GST on medicines and other pharmaceutical products, the supply process is expected to get more streamlined as more companies employ a hub and spoke model that reduces warehousing costs and optimizes the benefit of Input Tax Credit under GST.