Tax Collected at Source (TCS) is an essential component of India’s taxation framework. It mandates that sellers collect tax from buyers on specified transactions and deposit it with the government. This mechanism ensures that the authorities collect tax at the source of income or transactions, streamlining tax compliance and administration.
What is Tax Collected at Source (TCS)?
Tax Collected at Source (TCS) is a tax system where the seller of certain goods or services is responsible for collecting tax from the buyer and then remitting it to the government. The buyer pays the tax, but the seller ensures its correct collection and deposit. For example, if a box of chocolates costs ₹100 and the applicable TCS is 10%, the buyer pays ₹110, and the seller collects ₹10 as TCS.
Section 206C of the Income Tax Act, 1961, requires sellers to collect TCS on specific transactions and remit it to the authorities. This ensures the government collects tax directly from transaction sources, reducing the risk of tax evasion.
Applicability of TCS
Seller Classifications
Certain entities are responsible for collecting TCS, including:
Central Government
State Government
Local Authority
Statutory Corporation or Authority
Companies under the Companies Act
Partnership Firms
Co-operative Societies
Individuals or HUF whose accounts are audited under the Income Tax Act
Buyer Classifications
Buyers who are exempt from paying TCS include:
Public Sector Companies
Central Government
State Government
Embassy or High Commission
Consulate and Trade Representations of Foreign Nations
Clubs, such as sports and social clubs
Goods Covered under Tax Collected at Source (TCS)
The items mentioned below can be used for two different purposes. The tax is determined by the reason for purchasing the products.
Trading of Goods – Since these goods are subject to duty, TCS collected at source will apply when they are used for trading purposes. Trading simply refers to the act of purchasing items from one party and selling them to another.
Manufacturers, processors, or producers using the specified goods to create other products are exempt from tax. Therefore, they do not need to collect TCS.
The tax collecting agency must issue Form 27D, the certificate for TCS, within a week after the end of the month in which it collected the tax. The agency can issue a combined certificate for multiple transactions if requested. If the certificate is misplaced, the agency can issue a new certificate on plain paper.
Interest and Penalties
Interest on Non-Payment: An interest rate of 1% per month is charged if TCS is not collected or deposited within the due dates.
Penalties for Incorrect Filing: Under Section 271H, penalties range from ₹10,000 to ₹1,00,000 for incorrect TCS returns.
TCS Exemptions
e-TCS: Tax collecting entities are required to file TCS returns electronically. Government and corporate entities must comply, while others may choose either electronic or paper filing.
Difference Between TDS and TCS
TDS (Tax Deducted at Source): Deducted from income payments such as salaries, interest, and dividends.
TCS (Tax Collected at Source): Collected by the seller from the buyer on specified transactions and goods.
Conclusion
Understanding Tax Collected at Source (TCS) is crucial for both buyers and sellers to ensure compliance with tax regulations. Sellers must accurately collect and remit TCS, while buyers should be aware of the applicable rates and exempt entities. Keeping track of TCS returns and deadlines helps avoid penalties and ensures smooth tax operations.
Frequently Asked Questions
What is the full form of TCS?
TCS stands for Tax Collected at Source.
Who is responsible for collecting TCS?
The seller is responsible for collecting TCS from the buyer and remitting it to the government.
What is the penalty for not filing TCS returns accurately?
The penalty ranges from ₹10,000 to ₹1,00,000 under Section 271H.
How often should TCS returns be filed?
TCS returns must be filed quarterly, with specific due dates for each quarter.
Are there exemptions from TCS?
Yes, exemptions apply to certain buyers like public sector companies and government entities.
How can I obtain a TCS certificate?
A TCS certificate is issued in Form 27D and can be obtained from the tax collecting agency.