WHAT IS TDS/TCS?
Generally the person who earns the income pays tax on such income either in the form of advance tax or in the form of self-assessment tax. However, in certain situations, the person making prescribed payments is required to deduct tax from such payments (at prescribed rates) and deposit the tax so deducted with the Government. Such form of tax deduction is called Tax Deduction at Source (TDS). The person who deducts the tax is called ‘deductor’ and the person whose tax is deducted is called ‘deductee’.
TCS is Tax Collected at Source in which seller collects the tax from buyers at the time of selling some prescribed goods. The person who collects the tax is called ‘collector’ and the person whose tax is collected is called ‘collected.
A seller collects the tax from buyers at the time of selling some prescribed goods. The person who collects the tax is called ‘collector’ and the person whose tax is collected is called ‘collectee’.
WHICH NUMBER IS TO BE OBTAINED BY THE DEDUCTOR/COLLECTOR
Every Person Deducting/Collecting tax at source is required to obtain a unique numer callaed as Tax Deduction Account Number (TAN). The Number has to be quoted to the deductor/collector in every correspondence related to TDS/TCS. TAN is not mandatory in case of Tax Deduction Made on sale of immovable property.
INTERNET BASED FUNCTIONALITIES FOR TDS/TCS COMPLIANCE BY DEDUCTORS / COLLECTORS
WHEN TO DEDUCT / COLLECT TAX
♣ Every deductor/collector shall deduct tax at the time of making the prescribed payment or at the time of credit of the income/ payment to the account of the deductee. whichever is early.
In case of TCS, tax has to be collected by the seller at the time of debiting of the amount payable by the buyer to the account of buyer or at the time of receipt of such amount from the buyer in cash or issue of cheque/draft, or by any other mode, whichever is earlier.
♣ In case of TDS on salary, tax is to be deducted at the time of actual payment.
WHEN TO DEPOSIT THE TAX DEDUCTED/COLLECTED AT SOURCE TO THE CREDIT OF THE GOVERNMENT?
♣ All sums deducted by an office of the Government shall be paid tote credit of the Central Govemment on the same date where the tax is paid without an Income Tax Challan. Where tax is paid with such challan, the TDS/TCS shall be paid within 7 days from the end of the month in which the deduction is made or in a case where tax on perquisites is opted to be deposited by the employer.
♣ Where TDS is made in the month of March by any non-Government deductor the same shall be deposited to the Government account by 30th April. Where the TDS is made by such deductor in any other month or tax on perquisites is opted to be deposited by the employer, the tax shall be deposited by 7th of the next month.
♣ Deductor should ensure that the tax deposited is credited to the govt. account within the due date. The Challan Identification Number reflects the date of credit to government account.
♣ TDS on immovable property is paid to the credit of the Central Government within a period of seven days from the end of the month in which the deduction is made and shall be accompanied by a challan-cum statement in Form No. 26QB.
♣ Where TCS is made in the Month of March by any non-Government account by 7th April.
|Time of payment or credit||Due date of payment of TDS|
|When the income or amount liable to TDS is credited or paid during any month other than the month of March||Tax shall be deposited on or before 7 days from the end of the month in which the deduction is made.|
|When the income or amount liable to TDS is credited or paid during the month of March||Tax shall be deposited on or before 30″ April.|
|Note: In certain cases, quarterly payment of TDS can be permitted with the prior approval of the Assessing Officer.|
WHERE TO DEPOSIT TDS/TCS ?
The tax deducted/collected by the deductor/collector is to be deposited in the account of the Government by remitting it into any branch of the Reserve Bank of India or the State Bank of India or any other authorised bank.
WHICH CHALLAN IS USED FOR PAYMENT OF TDS/TCS?
TDS/TCS is to be deposited to the credit of the Government by using challan no. ITNS-281.
HOW TO DEPOSIT TAX?
Tax deducted/collected at source is to be deposited to the designated bank by depositing same in cash or by cheque. Further, tax deducted/collected at source can be deposited by electronic mode by using internet banking facility or by using debit card.
WHO HAS TO DEPOSIT TDS/TCS BY ELECTRONIC MODE ONLY?
In case of following deductors/collectors electronic payment (i.e by Internet Banking or Debit Card) of TDS/TCS is mandatory
(a) All corporate assessees;
(b) Non Corporate Assessee who are subject to audit under section 44AB.
WHAT IS THE FORM OF TDS/TCS CERTIFICATE AND WHAT SHOULD BE THE FREQUENCY FOR ISSUANCE OF TDS/TCS CERTIFICATE?
Every deductor/collector has to issue a certificate to the deductee in respect of tax deducted by him. Such certificate is generally referred to as TDS/TCS certificate. TDS/TCS certificate is to be issued in following form:
|Particulars||Form No.||Frequency of certificate issuance|
|TDS certificate in respect of tax deducted on salary||Form No. 16||Annually|
|TDS certificate in respect of tax deducted on payments other than salary||Form No. 16A||Quarterly|
|TCS certificate||Form No. 27 D||Quarterly|
Multiple payments can be clubbed in quarterly TDS/TCS certificate.
For deduction of TDS made on or after 01/04/2012 all deductors (including Government deductors) shall issue TDS certificate in Form No. 16A which is downloaded from www.tdscpc.gov.in. Thereupon the deductor shall verify the correctness of contents of the certificate and authenticate it by either using digital or manual signature. It is only then that the certificate shall be treated as a valid certificate.
a. The TDS/TCS certificate to be issued by the deductor/collector contains the following details:
(a) Valid PAN of the deductee;
(b)Valid TAN of the deductor/collector ;
(c) Challan Identification Number (CIN), which is a number generated by a combination of BSR code of the bank where tax is deposited, date of deposit and the challan serial number allotted bythe bank;
(d) Receipt number of the relevant quarterly statement of TDS/TCS (i.e., TDS/TCS return).
♣ Quote correct and valid lower rate TDS/TCS Certificate Number in TDS/TCS statement wherever the TDS/TCS has been deducted at lower/zero rate on the basis of certificate issued by the Assessing Officer. The deductor/collector can verify the Lower TDS/TCS Certificate number online on the TRACES website tdscpc.gov.in.
♣ Last provisional receipt number to be quoted in regular TDS/TCS statements: While filing new regular (original) TDS/TCS statement, it is mandatory to quote the last accepted provisional receipt number of the regular quarterly TDS/TCS statement of any form type.
♣ TDS/TCS statement cannot be filed without quoting any valid challan and deductee row.
♣ Download TAN-PAN Master from TRACES and use the same to file new statement to avoid quoting of incorrect and invalid PAN.
♣ Validate PAN and name of fresh deductees from TRACES before quoting it in TDS statement.
♣ File correction statements promptly in case of incomplete and incorrect The TRACES website www.tdscpc.gov.in provides the facility for Online Correction of Statements.
♣ Government deductors should obtain BIN (Book Identification Number) from their Accounts Officer (AN holder) in time and quote the same correctly in TDS/TCS statement.
|Statement In respect of & Form of Statement of TDS/TCS||Form of statement of TDS/TCS|
|TDS on salary||Form No. 24Q|
|TDS on payment other than salary to a non- resident or a foreign company or a resident but not ordinarily resident.||Form No. 27Q|
|TDS on payment other than salary to any person other than above.||Form No. 26Q|
|TCS||Form No. 27EQ|
WHAT IS THE FREQUENCY AND DUE DATE OF STATEMENT OF TDS/TCS?
Due dates for filing of TDS returns are different for Government Deductors and Non Government Deductors (Till 31.05.2016), which is as follows :
|Sl. No.||Date of ending of the quarter of the financial year||Due date for Government Deductors||Due date for Non-Government Deductors|
|1.||30th June||31st July of the financial year||15th July of the financial year|
|2.||30th September||31st October of the financial year||15th October of the financial year|
|3.||31st December||31st January of the financial year||15th January of the financial year|
|4.||31st March||15th May of the financial year immediately following the financial year in which deduction is made||15th May of the financial year immediately following the financial year in which deduction is made|
CBDT has vide notification no. 30/2016 dated 29-04-2016 has revised the due date for filing TDS returns for Government and Non-Government Deductors w.e.f 1st June, 2016.
The Revised Dates has been given below:
|Sl. No.||Date of ending of quarter of financial year||Due date w.e.f 01.06.2016 for Government and Non-Government Deductors|
|1.||30th June||31st July of the financial year|
|2.||30th September||31st October of the financial year|
|3.||31st December||31st January of the financial year|
|4.||31st March||31st May of the financial year immediately following the financial year in which the deduction is made”.|
The seller contractor i e. deductor has to file a quarterly return in form 27EQ and in Form 27A and has to issue the TCS certificate to Deductee in Form 27D on or before following Due Date:
|Quarter||Due Dates for filing TCS Return||Due Dates for issuing TCS Certificate|
|April to June||15th July||30th July|
|July to September||15th October||30th October|
|October to December||15th January||30th January|
|January to March||15th May||30th May|
WHAT ARE THE CONSEQUENCES OF TDS/TCS DEFAULTS AND NON-PAYMENT TO GOVERNMENT?
WHAT ARE THE CONSEQUENCES OF DEFAULT IN FURNISHING STATEMENT/FILING INCORRECT INFORMATION THEREIN?
AGGREGATED TDS COMPLIANCE
WHAT IS THE FORM OF FILING STATEMENT OF TDS/TCS?
The statement of TDS/TCS can be filed either in:
1. Paper form (for less than 20 deductees).
2. Electronic form : Form No. 27A is also to be furnished along with return on electronic form.
Following deductors/collectors have to file the statement of TDS/TCS in the form specified in electronic form only.
(a) Deductor who is an office of the Government; or
(b) Deductor who is a company; or
(c) Deductor who is a person who is required to get his accounts audited under section 44AB in the immediately preceding financial year; or
(d) Deductor in whose case the number of deductee’s records in the quarterly statement for any quarter of the financial year is equal to or more than Twenty
Note: In case of any other deductor/collector, furnishing the quarterly statement in electronic form is optional.
WHAT IS THE DUTY OF DEDUCTOR/COLLECTOR IF THE DEDUCTEE DOES NOT FURNISH HIS PAN?
♣ If the deductee does not furnish PAN or furnishes incorrect PAN to the deductor/collector, the deductor/collector shall deduct tax at source at higher of the following rates:
(a) the rate prescribed in the Act; or
(b) at the rate in force, i.e.. the rate mentioned in the Finance Act; or
(c) at the rate of 20%.