1 |
Deductor |
Every person who is making the specified payments mentioned under the Income Tax. However, individual or HUF whose books are not required to be audited is exempted from deducting TDS. |
The deductors specified in the GST Act are as under : i) Central Government or State Government (ii) Local authority (iii) Governmental agencies (iv) Other Notified persons. |
2 |
Deductee |
The Receiver of the payment shall deduct TDS. |
The supplier of taxable goods or services or both shall deduct the TDS. |
3 |
Taxability arises on |
If the amount of payment increases the threshold amount specified under particular sections of the Income Tax Act, 1961 then only taxability shall arise. |
If the total value of supply under a contract of taxable goods or services or both, exceeds Rs. 2,50,000/- then TDS is required to be deducted. |
4 |
Rate of Tax |
The rate of tax differs as specified under different sections. It may also depend upon the nature of the expense, For eg.
- u/s 194J – TDS to be deducted @ 10% on the technical/professional services,
- u/s 194DA – TDS to be deducted @ 1% on Premium paid for any life insurance policy etc.
|
The Rate of tax for intra-state supply is @ 2% [i.e. 1% for CGST & SGST/UTGST component each] & for inter-State supply it is @ 2% [as IGST]. |
5 |
Registration |
As and when the liability to deduct TDS arises then it is necessary to take the Registration. |
Provision of Compulsory registration is there for all the deductors of TDS. Further, if they are already registered under GST then also separate registration is required as a TDS deductor. |
6 |
Payment |
Generally, the 7th day of the next month is the due date for payment. However, for the month of March, the date of payment is 30th April* For Gov deductors it is 7 April |
The due date for payment is 10 th of the next month. |
7 |
Return |
The various types of returns are 26Q,24Q,27Q etc. |
The TDS Return is filled in FORM GSTR-7. |
8 |
Credit |
The amount of TDS deducted during the year reflects in Form 26AS. Further, the credit of TDS can be taken while filing the ITR. |
The amount of TDS deducted would be available in FORM GSTR 2A/4A and credited in receiver’s electronic cash ledger. |
9 |
Certificate |
TDS certificates are issued by deductor (Payer) to the deductee (Payee) from Dept website. Examples of TDS Certificates are Form 16, Form 16A, Form 16 B and Form 16 C. |
The deductor shall issue the deductee a certificate in FORM GSTR 7A. |
10 |
Interest and late fees |
Late fees is levied amounting to Rs.200 per day but shall not exceed the amount of TDS. |
If the certificate is not issued within 5 days of crediting then the deductor shall pay a late fee of Rs. 100/- per day under CGST Act & Rs. 100/- per day under SGST/UTGST Act respectively. However, the maximum amount shall not exceed Rs.5000/-. |