New Rules on TCS from 1 October 2023




Under the Liberalized Remittance Scheme (LRS) by the Reserve Bank of India (RBI), individuals can send up to 250,000 abroad annually. Beginning October 1, 2023, any remittance exceeding Rs 7 lakh for purposes other than medical and educational will incur a TCS of 20 percent.

Different TCS rates will apply for the first and second halves of the financial year, but the Rs 7 lakh threshold will apply for the entire year.


Medical expenses

For those seeking medical treatment abroad, a 5 percent TCS will be applicable if the amount crosses Rs 7 lakh.


Tour packages

Purchasing overseas tour packages, even below Rs 7 lakh, will now incur a 5 percent TCS starting from October 1, 2023. For packages exceeding Rs 7 lakh, the TCS rate will be 20 percent.


Investments

Investing more than Rs 7 lakh in foreign stocks, mutual funds, cryptocurrencies, or property during a financial year will trigger a 20 percent TCS. However, domestic mutual funds with foreign stock exposure are exempt.


Debit/credit/forex cards

Credit card transactions will be exempt from TCS. On the other hand, debit and forex card transactions will be subject to TCS if the spending exceeds Rs 7 lakh, with a 20 percent rate from October 1, 2023.


Multiple sources

If someone utilises multiple banks or dealers for remittances within a year, the Rs 7 lakh threshold will apply to the total amount spent across all sources, rather than individually for each source.


Educational expenses

When sending money abroad for education, no TCS will apply on remittances below Rs 7 lakh. If it exceeds Rs 7 lakh and is financed through an approved financial institution's loan, a 0.5 percent TCS will be applicable. Without a loan, it incurs a 5 percent TCS.


"The new rule will not have much impact on remittances for foreign education. If the money sent for foreign education crosses the threshold of Rs 7 lakh which is financed by a loan, it will attract a TCS of 0.05 percent, which remains the same as per the current rule. Whereas, for remittances beyond the threshold limit, not obtained through a loan will attract TCS of 5 percent and not 20 percent as applicable for other expenses. In case parents wish to remit money beyond the threshold limit, they will have to take permission from RBI,"

 

"Imagine the college fee for education abroad is Rs 25 lakh, and the source of funding isn't a loan. In such a scenario, a TCS of 5 percent is applied to the amount exceeding Rs 7 lakh, which calculates to Rs 18 lakh (Rs 25 lakh-Rs 7 lakh), resulting in a TCS of Rs 90,000. Now, when you file your income tax return, you realize that your tax liability amounts to Rs 2,90,000. In this situation, you have the option to offset your tax liability by the amount of TCS paid. This adjustment will reduce your net tax liability to Rs 2 lakh (Rs 2,90,000 -Rs 90,000),".

 

Typically, banks furnish a TCS certificate upon deduction. Individuals can utilize this certificate either to lower the tax liability or to claim a refund if the tax liability is less than the TCS amount deducted. Alternatively, they can seek assistance from the accountant to retrieve the necessary details from the income tax website.


Earlier and new TCS rates are summarised as under:

Nature of payment  (1)

Earlier rate before Finance Act, 2023 (2)

New rate from October 1, 2023 (3)

LRS for education financed by loan.

Nil up to Rs 7 lakh 

0.5% above Rs 7 lakh

Nil up to Rs 7 lakh 

0.5% above Rs 7 lakh

LRS for Medical treatment/ education (other than financed by loan)

Nil up to Rs 7 lakh 

5% above Rs 7 lakh

Nil up to Rs 7 lakh 

5% above Rs 7 lakh

LRS for other purposes

Nil up to Rs 7 lakh 

5% above Rs 7 lakh

Nil up to Rs 7 lakh 

20% above Rs 7 lakh

Purchase of Overseas tour program package

5% (without threshold)

5% till Rs 7 lakh,

20% thereafter

(Source: Ministry of Finance)

 

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