EPC Structuring

Identify the probable impact on Erection, Procurement and Construction (EPC) contracts
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Balance between tax implications and overall profitability

 

EPC contracts are typically large-scale projects involving significant investment in terms of capital, labor, and time. As a result, they are subject to numerous regulations and laws governing different aspects of the project cycle, including taxation. From an indirect tax perspective, EPC contracts can be affected both pre- and post-bid, depending on the chosen model for simulation.

One likely impact on EPC contracts relates to the GST taxes applicable in India. A range of services and goods fall under the goods and services bracket, thereby raising indirect tax liabilities. Pre-bid, companies that understand the tax implications of the different options may be more likely to bid effectively on a contract. Post-bid, it is crucial to ensure that contracts are structured within the bounds of the law, including taking advantage of tax benefits available to the company.

Regarding tax benefits available to the company, different options related to payment of taxes can affect the tax liability of the company. These options typically include choosing between GST and indirect taxes such as excise duty or sales tax, or navigating the nuances of the various income tax legislations. In some cases, companies can avail of exemptions and deductions based on the nature of the project.

In light of the above, an optimum model for indirect tax payments is one that takes into account the specific requirements of the EPC contract, including local, state, and federal tax regulations. It is essential to work closely with legal and tax experts to ensure a compliant, cost-effective, and beneficial payment structure that includes understanding different tax benefits. Ultimately, the task is to strike a balance between the tax implications of different options and the overall profitability of the EPC contract, ensuring compliance without impeding the progress of the project.

Our offerings

  1. Identify the probable impact on Erection, Procurement and Construction (EPC) contracts both pre bid/post bid, model simulation under different options from an indirect tax perspective, identify an optimum model and advice on the structuring of agreements within the law.

  2. Advice on various tax benefits available to the company under different options related to payment of taxes under various indirect tax legislations.

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Key Contact

Abhishek Jain

Partner and National Head, Indirect Tax

KPMG in India

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