GST TDS is the system through which certain percentage of tax is collected at the source of the income. Certain Government Department, Local Authorities, Agencies and Public Sector Undertaking are required to deduct GST TDS. GST TDS is a dynamic tool for reduction of tax evasion.
As per Section 51 of the CGST Act, 2017 it contains the provisions of TDS under GST. As per the said provisions, following list of persons are liable to deduct TDS under GST: -
- A department or establishment of the Central Government or State Government
- Local authority
- Governmental agencies
- Such person or category of persons as may be notified by the Government on the recommendations of the Council.
the Government introduce following additional category of person liable to deduct tax at source, via notification no. 33/2017 dated 18.09.2017:
- An authority or a board or any other body which has been set up by Parliament or a State Legislature or by a government, with 51% equity (control) owned by the government;
- A society established by the Central or any State Government or a Local Authority and the society is registered under the Societies Registration Act, 1860;
- Public Sector Undertakings.
TDS Rate under GST
The TDS rate under GST is 2%. It means that the deductor has to deduct TDS @ 2% on the payment made or credited to the deductee for supply of taxable goods or services or both.
GST Registration mandatory
It is mandatory to obtain GST registration for the person who are liable to deduct TDS as per the provisions of section 51 of CGST Act, 2017. If GST registration is not taken, then exemption limit is not applicable to such persons. Unique feature of GST registration,is that PAN is not compulsory for obtaining GST registration, however, GST registration can be obtained on the basis of existing Tax Deduction and Collection Account Number (TAN).
Liability for Deducting TDS under GST
GST TDS is required to be deducted when total value of supply, under a contract, exceeds an amount of INR 2,50,000/-.
For the purpose of deduction of GST TDS, the amount of value of supply shall be excluding the amount of central tax, state tax, union territory tax, integrated tax and cess as mention in the invoice.
GST TDS Non-Applicable
When both the supplier and the place of supply are different from the recipient, no tax deduction at source would be made.
Payment of GST TDS to which government
The deductor of TDS is required to deposit the amount deducted to the Government on the 10th day of the succeeding month in which the tax is deducted. The payment of TDS should be made to the respective Government i.e. IGST and CGST should be deposited to Central Government and SGST should be deposited to State Government.
Penalty for not issuing certificate within time limit
TDS certificate in FORM GSTR-7A is to be issued by the deductor to the deductee within a period of 5 days of crediting the amount to the Government. In case the deductor fails in issuing the certificate in required time limit, he would be liable to pay a late fee of INR 100/- per day from the expiry of the 5th day till the date certificate has been issued. Maximum amount of late fee payable would be INR 5,000/-.
GST TDS Credit
GST TDS deducted by the deductor and deposited to the Government shall be shown in the electronic cash ledger of the deductee. The deductee would be able to use the said amount against payment of tax.
Liability of Return Filing
The person deducting TDS is liable to file GST return in FORM GSTR-7 within a period of 10 days from the end of the month.
GST TDS Refund
When TDS has been deducted in excess of the amount actually to be deducted, then, in such case deductor or deductee can claim for refund of such excess TDS. However, if the excess amount deducted is already credited in electronic cash ledger of the deductee than no refund will be given.