TCS on Purchase of packaged Software like Microsoft

Should TCS be deducted while paying a vendor on packaged software purchases like Microsoft Office?

Replies (4)
Quick Summary
This discussion clarifies whether Tax Collected at Source (TCS) needs to be deducted when purchasing packaged software like Microsoft Office. Generally, the seller is responsible for TCS collection. For buyers, the focus is on Tax Deducted at Source (TDS). Supreme Court rulings suggest that standard software packages aren't considered royalty, thus exempting payments to non-residents from TDS under Section 195. For domestic purchases, TDS under Section 194J may not be required for 'off-the-shelf' software if specific conditions are met. However, for canned/off-the-shelf software purchases, TDS under Section 194Q is applicable, while license, subscription, or customised software may fall under Section 194J or 195.

 In practice, the seller (vendor) is responsible for collecting TCS. As a buyer, you are not required to deduct TCS yourself. If liable you are supposed to deduct TDS.

Supreme Court jurisprudence has clarified that purchase of standard/software packages does not constitute royalty and thus payments for such purchases from non-resident suppliers are not liable for TDS under section 195.

For domestic transactions, the view is that TDS is not required under section 194J for off-the-shelf software if notification conditions are satisfied (Notification No. 21/2012).

Tcs collection is not on buyers part.

Sir,

Should we deduct it under 194Q? Please clarify?

Warm Regards,

Raghu 

Yes, 

  • Canned/off-the-shelf software (purchase of goods): TDS u/s 194Q applies.

  • License/subscripttion/customized software (royalty/services): TDS u/s 194J or 195 applies.

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