Is
service tax applicable on health care units?
Q- Are health care units liable for payments of
service tax?
Ans.-The health care
services provided by the hospitals are exempted by virtue of entry no. 2 of the
notification no. 25/2012-ST dated 20.6.2012. This notification simply exempts
the health care services (cosmetic surgery or plastic surgery or hair
transplantation is not included) on the grounds that these are provided by
clinical establishments. Medical practitioner, pathological clinics are also exempt
to service tax under this notification.
Q-Does the above said notification is also
applicable on those hospital units which get reimbursed their treatment
expenses from the Insurance companies.
Ans.-This notification does not put any such condition
regarding settlement of claims by insurance companies or any other business
entities. Thus, the exemption under this notification will be unaffected by the
fact that the patients are being reimbursed by the insurance companies or any
other business entities.
Q-Are cosmetic surgery or plastic surgery or
hair transplantation is not covered under this notification?
Ans. - Yes, the cosmetic surgery or plastic surgery or hair
transplantation are not covered under this notification.
These services are chargeable to service tax but excluded “any
surgery undertaken to restore or reconstruct anatomy or functions of body
affected due to congenital defects, developmental abnormalities, degenerative
diseases, injury or trauma”. This means only that part of service is taxable
which taken to enhance the physical appearance like nose surgery, lips
correction etc.
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