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Enhancing Clarity and Flexibility: Revised TCS Policy in India

CA. Heet Shah , Last updated: 29 June 2023  
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Introduction

The recently announced changes to the system of Tax Collection at Source (TCS) on payments under the Liberalised Remittance Scheme (LRS) and on overseas tour program packages in the Budget for the year have attracted significant attention. In response to extensive feedback from stakeholders, the government has made notable modifications to the proposed TCS rates, providing relief and more time for implementation. This write-up aims to outline the revised policy and highlight its impact on stakeholders by addressing their concerns.

Revised TCS Rates and Thresholds

One of the crucial decisions taken by the government is the retention of the current TCS rate of 5% for all payments under LRS and overseas tour program packages, irrespective of the mode of payment, for amounts up to Rs. 7 lakh per individual annually. This move ensures stability for individuals in regards to tax liability, fostering a consistent business climate.

Enhancing Clarity and Flexibility: Revised TCS Policy in India

Addressing Stakeholder Concerns

1. International Credit Card Payments

To provide ample time for financial institutions and card networks to develop and integrate the necessary IT solutions, the implementation of the e-gazette notification, which aimed to bring credit card payments under LRS, has been postponed. Consequently, transactions made with international credit cards while individuals are overseas will not be considered under LRS and will, therefore, not be subject to TCS.

2. Restoration of Threshold

The threshold of Rs. 7 lakh per individual per financial year for all LRS payments, regardless of the purpose and mode of payment, has been reinstated. This means that for the first Rs. 7 lakh remitted under LRS, no TCS will be applicable. Any amount exceeding this threshold will be subject to TCS at varying rates, based on the nature of the payment.

 

3. Revised TCS Rates

The increased TCS rates will now come into effect from 1st October 2023, instead of the previously announced 1st July 2023. The revised rates will be as follows:

a) Remittances for education financed by an education loan: 0.5% TCS above Rs. 7 lakh.
b) Remittances for medical treatment/education (other than financed by a loan): 5% TCS above Rs. 7 lakh.
c) All other purposes: 20% TCS above Rs. 7 lakh.
d) Overseas tour program package purchases: 5% TCS for the first Rs. 7 lakhs per individual per annum and 20% TCS for amounts exceeding this limit.

 

Conclusion

The government's decision to revise the TCS policy demonstrates its dedication to addressing concerns raised by stakeholders regarding the potential impact of the initial proposed changes. The retention of the existing TCS rate for LRS and overseas tour program packages, along with the restoration of the threshold, aims to provide stability, encourage investment, and promote ease of doing business. The postponement of the implementation for credit card payments allows financial institutions to effectively adapt to the new regulations. These modifications will undoubtedly foster professional attraction and instill confidence among stakeholders at large.

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Published by

CA. Heet Shah
(Tax Consultant & Practitioner)
Category Income Tax   Report

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