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TDS and TCS Under GST


January 10, 2022

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TDS and TCS Under GST

 

TDS under GST is the tax deducted while making payments by the buyer of goods and services like government departments under a business contract. In the case of TCS, it refers to the tax collected by the eCommerce operators as a supplier supplies goods or services via its websites and the payment for it collected by the eCommerce operator.

 

Who can deduct TDS under GST?

 

  • A Government department (Central Government or State Government); or

 

  • Local authority; or

 

  • Governmental agencies; or

 

  • categories of persons, notified by the Government.

 

  • Public sector undertakings (PSUs), or

 

  • A society established by the Central or any State Government or a Local Authority and the society is registered as per the  Societies Registration Act, 1860, or

 

  • An authority or a board or any other body which has been established by Parliament or a State Legislature or by a government, with 51% equity (control) owned by the government.

 

 

What is the rate of TDS to be deducted under GST? 

 

The rate of TDS to be deducted under the GST  is 2% (1% CGST+1% SGST or 2% IGST) on the payments made to the seller of taxable goods or services.

 

Is there any limit for deducting TDS under GST?

 

In case the total value of supply under a contract exceeds Rs 2.5 lakhs then the person or the organization would be liable to deduct TDS.

 

What is the deadline for the payment of TDS? 

 

The deductor has to make the payment of TDS by the 10th day of the next month in form GSTR-7. For instance, the ‘A’ department of the Central Government deducts TDS @2% from ‘B’ on 5 February 2021, then it has to make payment by 10 March 2021.

 

Impact of TDS under GST on Government civil contractors

 

The Indian government, on average, permits more than 10,000 civil contracts every year throughout the country. The contract for the construction and repairing of the national highways average more than Rs.100 crores.

 

These contracts are taken up by big construction companies and then sub-contracted to smaller companies and then again further sub-contracted to another small one. This loop will encounter issues owing to GST and in particular due to the TDS liability.

 

The government is required to deduct TDS from the contractor which could ensure tax compliance by the contractors and all the other sub-contractors. At present, many small civil and labor contractors are not compliant with the tax regime. As per  GST, it will be inevitable for them to register and comply with the tax regime.

 

For instance, M/s XXX Ltd. got a contract for repair work on a 1KM road from the government for Rs 15 lakhs. The company outsources road work to M/s YYY Ltd. which is again outsourcing it to a small civil or labor contractor M/s ZZZ Associates.

 

Earlier, M/s ZZZ Associates need not register under service tax and VAT but now he should register under GST to make a  claim for  ITC. The purpose of the added TDS provision under GST (Section 51 of the CGST Act) is to ensure tax compliance by the unorganized sectors like the construction industry.

 

TDS rule ensures to achieve transparency in the functioning of government contracts and tax compliance.

 

TCS in GST for the e-Commerce Sector: Compliance in Gist 

 

Section 52 has been added under the CGST law for all e-commerce aggregators to bring TCS in GST. e-Commerce aggregators are held responsible under the GST law for deducting and depositing tax at the rate of 1% from each transaction.

 

Any dealers or traders selling goods or services online would get the payment after a deduction of 1% tax (0.5% CGST+ 0.5% SGST or 1% IGST).

 

It is a major change that has enhanced the compliance and administration cost for online aggregators such as Flipkart, Snapdeal, Amazon, etc. They are required to deposit the tax deducted by the 10th day of the next month in form GSTR 8.

 

All the traders or dealers selling goods or services online are required to get registered under GST to make a claim for the tax deducted by e-commerce operators, even if their turnover is less than the limit notified for GST registration.

 

For instance, Mr. Ramesh is a trader who sells his ready-made apparells online on Flipkart. He receives an order for Rs 15,000, inclusive of tax and commission. Flipkart charges a commission of Rs 500. Besides, there is a return worth Rs 2,000. Flipkart would, therefore, be required to deduct 1% tax (TCS) on the amount, excluding sales returns (Rs 2,000), but including the money paid as a commission (Rs 500) and GST. Flipkart would thus be deducting TCS in GST at 1% on net sales value.

 

 Impact of the TCS in GST on e-Commerce Operators 

 

Online eCommerce operators like Flipkart, Amazon, Snapdeal, etc had to make modifications in their online payment process and administration or finance department to put in place the TCS in GST.

 

They have to register under GST in every state in which they operate as an eCommerce operator. The ERP systems have to be well integrated to apply the GST provisions in daily businesses smoothly.

 

Moreover, the sellers have to mandatorily register under GST for operating on e-commerce platforms. the working capital of these sellers supplying through an e-commerce operator would be blocked till they file their return and make a claim for the excess taxes paid.

 

Benefits of TDS and TCS under GST

 

Both TDS and TCS have many benefits. Both were introduced by the government to ensure a stringent hold on tax evaders. Sections 51 and 52 of the CGST Act deal with the provisions of TDS and TCS under GST.

 

From a deductee or supplier’s standpoint, there will have an automatic reflection in his electronic ledger as the deductor files his/her returns under the TDS system. The deductee could make a  claim for credit in his electronic cash ledger of this tax deducted and utilize it for payments of other taxes, as per his convenience.

 

TDS  helps to ensure that the unorganized sectors comply with the tax provisions and frauds are checked.

 

In addition, TCS  enforces a strict regulatory mechanism on the online sellers, keeps tabs on the transactions, and ensures the deposit of tax with the government on time.

 

 

 

 

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