Tax Collected at Source, or TCS, is a provision of the Indian Income Tax Act. In accordance with these provisions, certain individuals are required to collect from their buyers a predetermined percentage of tax on exceptional transactions. The majority of these transactions are commercial or trading-related. It has no impact on the average person.
Budget 2023 increased tax collection at source (TCS) for foreign remittances made under LRS from 5% to 20%. This will include international travel, sending money abroad, and other remittances, aside from medical and educational needs. The new regulation will become effective on July 1, 2023.
Tax collected at source (TCS) refers to the tax that the seller collects from the buyer at the point of sale so that it can be deposited with the tax authorities. The goods on which the seller is required to collect tax from the buyers are governed by Section 206C of the Income-tax Act. To be able to collect TCS, such individuals need to have a Tax Collection Account Number.
Section | Nature of Transaction | Rate | Collector (Seller) | Collectee (Buyer) |
---|---|---|---|---|
206C (1) | Sale of Good | Any Person other than Individual HUF whose last year Turnover from Business is up to Rs. 1 Crore or Gross Receipts from Profession is up to Rs. 50 lakhs. | Any Person other than: 1. Buyer who buys such goods for his personal consumption. 2. Public sector companies 3. CG, SG, Embassy, High Commission, trade representative, etc. |
|
- Tendu Leaves | 5% | |||
- Timber and other forest products 2.5% |
2.5% | |||
- Alcoholic products for human consumption | 1% | |||
- Scrap | 1% | |||
- Minerals being Coal, Lignite, Iron ore | 1% | |||
206C (1C) | Leasing or licensing or transferring any right or interest in any- - Parking lot or - Toll plaza or - Mine or quarry For the purpose of business |
2% | Any Person other than Individual HUF whose last year Turnover from Business is up to Rs. 1 Crore or Gross Receipts from Profession is up to Rs. 50 lakhs. | Any person other than public sector companies |
206C (1F) | Sale of the motor vehicle of value exceeding Rs. 10 lakhs | 1% | Any Person other than Individual HUF whose last year Turnover from Business is up to Rs. 1 Crore or Gross Receipts from Profession is up to Rs. 50 lakhs. | Any Person other than: 1. Buyer who buys such goods for his personal consumption. 2. Public sector companies CG, SG, Embassy, High Commission, trade representative, etc. |
206C (1G) | Foreign transfers made through the Reserve Bank of India's "Liberalized Remittance Scheme" | 5% (However, starting on July 1, 2023, the rate will increase to 20%.) | Any Person other than Individual HUF whose last year Turnover from Business is up to Rs. 1 Crore or Gross Receipts from Profession is up to Rs. 50 lakhs. | Any Person other than: 1. Buyer who buys such goods for his personal consumption. 2. Public sector companies CG, SG, Embassy, High Commission, trade representative, etc. |
Less than INR 7 Lakhs in foreign remittances during the fiscal year, and the remittances are for the benefit of education or medical care Nil |
5% | |||
Foreign remittances in excess of INR 7 lakhs in a fiscal year if the remittance is for the purpose of education or medical treatment. 5% |
0.5% | |||
Foreign remittance if the amount or total amount exceeds INR 7 lakhs and if the money was sent from an educational loan obtained from a financial institution under Section 80E. | ||||
Sale of overseas tour program package (OTPP) | 5% of the sale value | Seller of OTPP | ||
206C (1H) | Sale of goods other than export and goods which are covered under any other TCS sections | 0.1% of consideration in excess of Rs. 50 lakhs | Any person whose last year turnover is more than Rs. 10 crores | Any Person other than: 1. Buyer who buys such goods for his personal consumption. 2. Public sector companies CG, SG, Embassy, High Commission, trade representative, etc. |
206CC (1) | In case, the Permanent Account Number (PAN) is not provided by the collectee to the collector | At the rate which is higher of the following: - At twice the rates allowed by the applicable provision; or - 5%. The maximum TCS rate should, in particular, not be higher than 20%. |
Any Person other than Individual HUF whose last year Turnover from Business is up to Rs. 1 Crore or Gross Receipts from Profession is up to Rs. 50 lakhs. | Any Person is other than: 1. Buyer who buys such goods for his personal consumption. 2. Public sector companies CG, SG, Embassy, High Commission, trade representative, etc. |
206CCA (1) | This TCS Section is applicable if each of the following criteria is met: - The individual failed to file an income tax return for the Assessment Year (applicable to the year prior) immediately preceding the Financial Year in which TCS was required to be collected; - The time period under section 139(1) of the Income Tax Act for filing a return has passed; and - The total sum of TDS and TCS in each year's prior period is INR 50,000 or more. |
At the rate which is higher of the following: - At twice the rates allowed by the applicable provision; or - 5%. The maximum TCS rate should, in particular, not be higher than 20%. |
Any Person other than Individual HUF whose last year Turnover from Business is up to Rs. 1 Crore or Gross Receipts from Profession is up to Rs. 50 lakhs. | Any Person is other than: 1. Buyer who buys such goods for his personal consumption. 2. Public sector companies CG, SG, Embassy, High Commission, trade representative, etc. |
The buyer will be charged tax at a higher rate (other than the rates in the above table) in accordance with Section 206CCA if the buyer has:
The applicable TCS rate will be the following two TCS rates at such a higher rate:
In special circumstances described in Section 206C(IG), 5% TCS is applicable when an authorized dealer arranges a remittance out of India of at least Rs. 7 lakhs from a foreign currency buyer remitting under the Liberalized Remittance Scheme (LRS), which is not a package deal for an international tour. TCS is 10% if PAN or Aadhaar are not available. Such TCS is collected either when money is received or when the buyer's account is debited.
For tax collected at the source, a certain group of people or organizations have been designated as sellers. Aside from the following list, no other seller of goods may collect tax at source from the purchasers:
Any Individual or HUF that was the subject of an audit of accounts under the Income-tax Act for any financial year.
A buyer is a person who purchases goods of a certain nature through a sale or a right to purchase such goods through an auction, tender, or other means.
The buyers listed below are exempt from source tax collection, though. In other words, TCS does not have to be obtained from the people listed below.
In cases where the resident buyer uses the purchase to generate power or manufacture, process, or produce goods (rather than for trading), and the buyer makes this declaration in writing, in duplicate.
The earlier of the following two dates is when the seller must collect TCS:
When a motor vehicle is sold, the TCS is paid once the buyer pays for the vehicle in cash or another form of payment.
In the event that a box of chocolates costs Rs. 100, the purchaser must pay Rs. 20 as tax collected (Rs. 80 plus Rs 20) at the time of transaction. After that, the money is transferred to a specific bank branch that has been authorized to accept payments. This tax is not the seller's responsibility to pay; rather, it is his or her responsibility to collect it from the customer. The tax is meant to be collected during sales, transactions, when receiving cash from the buyer, or when issuing a check or draft, depending on which method is paid first.
A TCS certificate must be given to the buyer of the goods when the tax collector files his Form 27EQ, the quarterly TCS return..
The certificate provided for submitted TCS returns is Form 27D. The following information is included in this certificate:
This certificate must be issued no later than 15 days after the TCS quarterly returns were submitted.
The table below summarizes all of the TCS due dates:
Quarter | Due Date of filing TCS Return in Form 27EQ | Due Date of issuing TCS Certificate in Form 27D |
---|---|---|
From April to June | 15th July | 30th July |
From July to September | 15th October | 30th October |
From October to December | 15th January | 30th January |
From January to March | 15th May | 30th May |
In the following circumstances, tax collection at the source is not required:
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