The provisions of TCS are applicable in three types of transactions under the Income Tax Act. The provisions of TCS will apply to any amount paid, that means the percentage of TCS has to be added to the payment amount.
Those who have paid the amount of TCS, can claim credit of TCS against payment of Income Tax, just as TDS.
There is a misunderstanding about TCS that TCS has created additional income tax liability but in fact this provision has been implemented by the Income Tax Department to monitor such financial transactions. Additional tax liability does not arise as credit of TCS is given as a set off from liability of Income Tax.
A detailed understanding of the provisions of this newly introduced TCS are given below.
- Provision of TCS on sale of goods in excess of Rs. 50 lakh.
If the annual turnover of your firm is more than Rs. 10 crore in previous year 2019-20 and you have sold the goods of more than Rs. 50 Lakhs in the current financial year to single party and if its payment is received after 01/10/2020, then payment has to be taken by adding TCS @ 0.075 % (TCS rate upto 31/03/2021 is 0.075% then after 0.1%), which means this provision is applicable to any single party to whom sale has been made of more than Rs. 50 Lakhs. For calculation of TCS, limit of Rs. 50 Lakhs is for entire financial year. Here, it should be noted that obligation to pay TCS arises not when the bill is made but when the payment is received.
Here, we have provided a link of FAQs and practical examples as a part of detailed explanation of liability of TCS on sale of goods.
- Provision of TCS on expenses incurred for the purpose of foreign travel:
The Overseas Tour Program package, which includes travel, hotel lodging as well as boarding or other expenses for the purpose of traveling abroad, are sold by any tour operator, TCS will be charged at the rate of 5% on the amount charged for tour package from the buyer.
- Provision made for collection of TCS at the time of remittance abroad:
There is provision of TCS that if any person sends an amount more than Rs. 7 Lakhs to any person in foreign country for investment, gift or maintenance purpose under the Reserve Bank of India’s Liberalised Remittance Scheme (LRS), then TCS will be levied at the rate of 5% on the amount of remittance exceeding Rs. 7 Lakhs.
Here, it is important to note that there have been discussions in media that the provisions of TCS will be applicable to Non-Resident Indians (NRIs) too. However this provision applies only to resident Indians who remit the money under the Liberalised Remittance Scheme (LRS). The provision is NOT APPLICABLE for any Non-Residents remitting funds to and from India through their NRE bank account or through NRO bank accounts under the remittance of assets scheme.
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