The purpose of implementing TCS in GST can be inferred from its applicability to e-commerce operators. Actually, hundreds and thousands of small seller sell upon these e-trade platforms in today’s time. These e-commerce operators are trade giants who are traceable and it is easy to impose responsibility on them. Hence, the government made them accountable to collect a minimum amount in name of tax before transferring the proceeds to each of these sellers. This will help in tracking all those small sellers who otherwise would have been out of tax authorities reach. Also, to take the refund of tax so collected they would file timely returns and disclose business transactions which will also enhance the compliance procedure under GST framework.
E-Commerce Operators (not being an agent) are the specified category of the person, who is required to collect TCS under GST. Some common day to day examples of e-commerce operators around us are Amazon, Flipkart, Snapdeal etc.
The tax has to be collected irrespective of the amount involved in a transaction. Unlike TDS, there is no limit of ? 2.5 Lakhs.
Yes, every e-commerce operator has to get mandatory registration under Goods and Service Tax. Section 24(x) of CGST Act,2017 mandates the same irrespective of the value of supply made by such operator.
The value of a transaction for the purposes of TCS shall be “Net Value of Taxable Supply”. It can be calculated as
|The aggregate monthly value of taxable supplies of goods and/or services [ except under u/s 9(5) on which E-commerce operator is required to pay complete tax in RCM ]||xxx|
|Less: Monthly value of taxable supply returned||xx|
|Net Value of Taxable Supply||xxx|
Say M/s XYZ sold goods through Amazon amounting to ? 15 Lakhs and customers made a return for goods amounting to ? 2 Lakhs. In this case, Amazon shall collect tax for M/s XYZ at ? 13 Lakhs i.e. “Net Value of Taxable Supply” computed as under
|The aggregate monthly value of taxable supplies of goods and/or services [ except under u/s 9(5) on which E-commerce operator is required to pay complete tax in RCM ]||15,00,000|
|Less: Monthly value of taxable supply returned||2,00,000|
|Value of Net Taxable Supply||13,00,000|
The Value of Net Taxable Supply is required to e taken at GSTIN level and not at gross level.
In case the returns in a period exceed the outward supply and resulting Value of Net Taxable Supply is negative the same shall not be reported. Neither it has any impact on future periods also.
The rate of TCS shall be
The same has been specified in Notification number 52/2018 – Central Tax
Tax collection shall be done during the month in which supply was made, irrespective of actual collection. For instance, Supply made in the month of Jan and payment was received in Feb. In such a situation the tax shall be collected in Jan itself.
Tax collected shall be deposited to the government by the 10th of following month. Which means if the tax has been collected for the month of Jan it shall be deposited with the government latest by 10th Feb.
Section 52 under CGST Act, 2017 governs the applicability of TCS under GST.
The provisions of TCS, as specified under section 52 of CGST Act 2017 are made effective from 1st October 2018. Notification number 51/2018 – Central Tax has been issued in respect of the same.
The TCS will reflect in e-Cash ledger of the actual supplier and can further be used for making payment of taxes or interest etc.
Yes, after adjusting all your tax liabilities, the remaining amount can be claimed as refund. The refund provisions as laid down under section 54(1) of CGST Act,2017 shall apply.
An e-commerce operator who is required to deposit tax collected at the source cannot pay it from the Input Tax Credit available.
E-commerce operator is required to file two Goods and Service Tax Return, which are
Any amount not collected or collected but not deposited shall attract
What will be the place of supply for E-Commerce operators providing recharge or ticket booking facilities?
For E-Commerce operators like Paytm which are giving
In such cases, the place of supply will be the address of the customer as per the records of the supplier of service. The provisions regarding the same are given under section 12 (11) of the IGST Act, 2017.
Yes, the amount collected as tax from the proceeds to actual supplier needs to be deposited timely to the government. Also, if return by e-commerce operator is not filed by the due dates, the actual supplier would not be able to cliam TCS as his Input Tax Credit in e-cash ledger.
Yes, though gold is charged to nominal GST rate of 3% and TCS applicability further reduces the supplier’s margin, it has still not been kept out of TCS applicability. TCS applies to gold normally.
Requisite Tax Officer can serve notice on supplier and ask for information required. The supplier would be required to produce all such information before the officer within 15 working days from the date on which notice was served.
The benefit of threshold exemption under GST can be better understood by categorizing suppliers asSupplier of Goods
As per section 24(ix) of the CGST Act,2017 the supplier of goods shall take mandatory registration under GST. No matter how much is the amount of supply made, supplying goods through e-commerce platform requires registration.Supplier of Services
A supplier of services can avail the benefit of threshold exemption. They are required to take registration if value of supply exceeds ? 20 Lakhs ( ? 10 Lakhs in case of the Noth Eastern States, excluding J&K). But, this benefit is not available to those covered under RCM as per Section 9(5) of CGST Act, 2017. Notification Number 65/2017 – Central Tax
Yes, even if an E-Commerce Operators already has a GSTIN, it would be required take separate registration for TCS.
In case an operator makes interstate supply or intrastate supplies at multiple places, it would be required to take multiple registrations in each State / Union Territory where it is required to collect the tax. But, to facilitate the same there is an option to declare Head Office as its place of business for obtaining various registrations in different State / UT.
If a registered supplier makes supply in India through a foreign e-commerce operator, such an operator is required to take mandatory registration. The main problem arising, in this case, would be no place of business in India. To resolve the same an agent in India can be appointed by such foreign e-commerce operator.
No, TCS is not required to be collected on exempt supplies.
The question of collecting tax at source form composite dealer does not arise. Because, as per section 10(2)(d) of CGST Act,2017 a Composite dealer cannot make supply through e-commerce operator.
If no consideration for the supply is collected by the E-Commerce operator he shall not collect any tax at source as per Section 52(1) of CGST Act, 2017.
Supplies on which recipient is required to pay tax under Reverse Charge are not charged to TCS.
Import falls within the ambit of Customs Act, 1962 and is not covered under GST. Since it is not in the purview of GST there is no option for collecting the tax.
Liability to collect TCS is on e commerce operator who is finally rendering money to the actual supplier. In this case there are two possibilities