New TCS Provision under Income Tax and its Implications

TCS i.e. Tax Collection at Source has been there in Income Tax Acts for Decades. However, the government is trying to increase the scope of TCS gradually to plug the revenue leakage.

Through Finance Act 2020, Section 206C was amended to include certain items on which TCS becomes applicable effective October 01, 2020. In this analysis, we are not discussing the TCS provisions which existed before the current amendment. We will be only focussing on New TCS Provisions effective October 01, 2020.

Sub-sections (1G), (1H), (1-I) and (1J) were inserted in Section 206C of the Income Tax Act w.e.f. 1-10-2020.

We have summarized all changes and its clarifications at one place as below:

The above person is expected to Collect TCS as per above New TCS provisions and remit to the account of government as per applicable rules. If the buyer/remitter of money doesn’t furnish the PAN Number, then the Rate shall be as per section 206CC of the Act.

Clarifications on FAQ on New TCS Provision

1) TCS Shall be collected only if the Collection from sales to individual Buyer exceeds Rs. 50 lakhs in respective financial Year.

2) For the current financial year 2020-21, the TCS shall be collected only on amount collected on or after October 01, 2020. However, the amount of collection shall be calculated from April 01, 2020.

3) Even If the collection amount exceeds Rs. 50 lakhs, the TCS shall be collected only on the amount above Rs. 50 lakhs unlike TDS where TDS to be deducted from all amount once the limit is crossed. This is a welcome move from compliance angle of the sellers.

4) TCS shall be collected on collection amount. This amount is net of all discounts, schemes etc and inclusive of GST and other charges.

5) TCS shall be Collected based on collection amount and not billed amount. The Seller will face practical difficulty here as he will not know if the collection will happen in current financial year or next financial year. As a normal practice, the seller would like to add this amount in the Sales invoice itself (similar to GST) so that buyer can make the payment accordingly. If the buyer pays in the next financial year where the amount is not expected to exceed Rs. 50 lakhs, he may want seller to revise the invoice raised last year. This may raise practical challenges on seller side.

6) No TCS to be collected if Goods are being exported. However, the export turnover to be included in calculation of Rs. 10 crore turnover limit.

7) TCS to be collected by Seller only if there previous year turnover exceeds Rs. 10 crores

8) TCS is not applicable on Sale of Services

9) The Buyer will get TCS credit as advance tax in their account. If the Buyer doesn’t have taxable income, they can file for the refund.

10) TCS is not required to be collected if Buyer is required to deduct TDS on the sale of subject goods and buyer deducts TDS.

You can reach out to author at vm@tya.co.in if you shall have any specific queries on New TCS Provision.