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Starting from 1st October 2018, every e-commerce operator has to collect TCS barring a few exceptions. This article will give you information about how TCS works under GST.
Latest Updates on GSTR-8
28th May 2021
The due date to file GSTR-8 for April and May 2021 is extended up to 30th June 2021.
1st May 2021
The due date to furnish GSTR-8 for April 2021 has been extended up to 31st May 2021.
3rd April 2020
CBIC has notified that the due date to furnish GSTR-8 for the months of March 2020, April 2020 and May 2020 (falling due between 20th March 2020 to 29th June 2020) shall stand extended till 30th June 2020.
Tax Collected at Source (TCS) under GST means the tax collected by an e-commerce operator from the consideration received by it on behalf of the supplier of goods, or services who makes supplies through the operator’s online platform. TCS will be charged as a percentage on the net taxable supplies.The provision of TCS under GST is dealt under Section 52 of the CGST Act.
Certain operators who own, operate and manage e-commerce platforms are liable to collect TCS. TCS applies only if the operators collect the consideration from the customers on behalf of vendors or suppliers. In other words, when the e-commerce operators pay the consideration collected to the vendors they have to deduct an amount as TCS and pay the net amount.
Here are few exceptions to the TCS provisions for the services provided by an e-commerce platform:
For example – M/s.XYZ stores (a proprietorship) is selling garments through Flipkart. Flipkart, being an e-commerce operator, before it makes the payment of consideration collected on behalf of XYZ, will be liable to deduct TCS.
TCS will be collected by e-commerce operators while making a payment to the vendor. This payment will be the consideration collected on the vendor’s behalf for the supplies made by him via the online portal. This tax will be collected on the net value of taxable supplies.
The dealers or traders supplying goods and/or services through e-commerce operators will receive payment after deduction of TCS @ 1%. The rate is notified by the CBIC in Notification no. 52/2018 under CGST Act and 02/2018 under IGST Act.
This means for an intra-state supply TCS at 1% will be collected, i.e 0.5 % under CGST and 0.5% under SGST. Similarly, for a transaction between the states, the TCS rate will be 1%, i.e under the IGST Act.
The e-commerce operators liable to collect TCS have to compulsorily register under GST and there is no threshold limit exemption for it. Also, the sellers supplying goods through the online portal of e-commerce players are also mandatorily required to get registered under GST except for a few exceptions.
Registration conditions are as follows:
a. Every e-commerce operator who is required to collect TCS must mandatorily register under GST
b. Every person who supplies through an e-commerce operator, except those who make supplies notified under section 9 (5) of CGST Act.
Section 9 (5) mentions the following supplies – Transporting passengers by a radio-taxi and motorcycle OR providing accommodation in hotels, guest houses, for residential or lodging purposes (unregistered suppliers) OR services of house-keeping, such as plumber, carpenter etc( unregistered suppliers).
In all three cases, the e-commerce operator shall pay GST, meet the compliances. Therefore, suppliers don’t have to register if they provide these services listed in 9 (5), provided they do not cross the Rs.20 lakh (or Rs.40 lakh) threshold for registration.
c. Also, note that suppliers of services making a supply through an e-commerce platform are exempt from registration if their aggregate turnover is less than Rs.20 lakh or Rs.40 lakh (assuming they do not make inter-state supplies).
d. Suppliers of goods selling through an e-commerce platform are not exempt from registration.
e. An e-commerce company must register itself in GST in every state it supplies goods or services to.
TCS will be deducted during the month in which the supply is made. It will be deposited within 10 days from the end of the month of supply to the credit of the government.
Payment of the tax collected will be made in the following manner:
a. IGST & CGST will be paid to the central government
b. SGST to respective state governments
The value for the collection of the tax will be the ‘Net Value Of Taxable Supplies.’ This net taxable value will be calculated as under :
The total value of taxable supplies of goods and/or services (other than notified services under GST law by all registered persons) Less: Taxable supplies returned to the suppliers through the e-commerce operator =Net value of Taxable Supplies
For example – M/s.XYZ Ltd, a registered supplier is supplying goods through an e-commerce operator. It has made supplies of Rs.55,00,000 in the month of Sep 2018. The goods returned were worth Rs.5,00,000 to XYZ Ltd. during the month of Sep 2018. Here, the net value of taxable supplies for TCS collection will be Rs.50,00,000 and TCS @ 1%, i.e Rs.50,000 will be deducted by the e-commerce operator. Hence, the final payment to be made to the supplier is Rs.49,50,000.
e-Commerce operators have to file GSTR-8 by 10th of the next month in which the tax was collected. This return will only be filed once the tax collected has been deposited to the respective credit of the government. For instance, the due date for GSTR-8 for March 2021 is on 10th April 2021.
The details submitted by the operators in GSTR 8 will be available to all the suppliers in GSTR 2A. The supplies will be available GSTR 2A after the due date of filing GSTR-8. Note that these credit details will not be available in GSTR-2B return. The tax collected will be reflected in the electronic cash ledger of the respective suppliers. The suppliers can claim the credit accordingly after matching and reconciling their supplies with the details in GSTR 2A.
GSTR 8 cannot be revised once it is filed. Any discrepancy found while matching and reconciling the supply data and GSTR 2A will be communicated to the operator and the supplier. If the discrepancy is not rectified within the given time period, then the tax amount will be added to the liability of the supplier. The supplier will have to pay the difference along with the interest, if any.
The e-invoicing system is also available to e-commerce operators (ECO) to report invoices to the Invoice Registration Portal (IRP), that were raised by them on behalf of their online suppliers.
The e-commerce operators shall follow a detailed procedure to integrate their ERP system with the sandbox of the IRP. To know more about the details, read our article on “e-Invoicing Impact on TCS and e-commerce operators under GST”.
From the e-commerce operators viewpoint, they must register under GST in every state in which they operate before 1st Oct 2018, which is the effective date of implementing TCS provisions. The ERP systems have to be well integrated to apply these provisions in the day to day businesses smoothly.
Moreover, the working capital of the suppliers selling through an e-commerce operator will be blocked until they file their return and claim the excess taxes paid. This can prevent SMEs vendors from selling goods or supplying services on the online portal.
From the government’s viewpoint, tax evasion will significantly reduce since the tax will be collected at each and every transaction.
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