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The GST tax deduction at source is a mechanism for tracking the transaction of supplies of goods and/or services, allowing recipients of such supplies to deduct a portion of the amount paid to the supplier of those goods and/or services. In such cases, the supplier will consider the deducted amount and pay the balance tax to the government. This article summarises one of the most important points under GST, ie the GST TDS and GST TDS return due date which parties involved in the transactions must follow.

What is GST TDS return?

Tax Deducted at Source is a tax collected by the Government of India at the time a transaction is made. The tax must be deducted when money is credited to the payee’s account or when payment is made, whichever is earlier.

TDS return is a quarterly statement submitted to the IT department. Deductors must file their TDS returns on time. The following information is required to file a TDS return.

  • PAN card of the deductor and deductee
  • Amount of tax paid to the government
  • TDS challan information
  • Others, if any

What is the due date for payment of GST TDS?

The due date for the payment of TDS is the 10th day of the next month in form GSTR-7. 

For instance, if the ‘X’ department of the Central Government deducts TDS @2% from ‘Y’ on 3 November 2022, then it has to make payment by 10 December 2022.

When GST TDS is required to be deducted?

TDS @ 2% (1% CGST+1% SGST or 2% IGST) is deductible from payments to suppliers of taxable goods or services if the value of such supply under a contract exceeds Rs. 2.5 lakh rupees.

The Rs. 2.5 lakh limit applies to a single contract, not the total value in a month or year. So an individual supply can be less than Rs. 2,50,000/- but if the contract amount exceeds Rs. 2,50,000/-, TDS must be deducted.

The following shall be excluded from the calculation of the contract value:

  • Central GST
  • State GST
  • Union Territory GST
  • Integrated GST
  • Cess

How is TDS calculated on GST?

For a better understanding of TDS provisions, consider the following example.

The selling price of 10 Tablet @ Rs. 10,000/- per tablet (Taxable Value)- Rs. 1,00,000

If the rate of tax (CGST) on the Tablet is 28%

CGST @ 14% – Rs. 14,000

SGST @ 14 % – Rs. 14,000

Total Invoice Value – Rs. 1,28,000

Solution:   

TDS deduction will be

TDS calculated on taxable value = Rs. 1,00,000/-

TDS rate in GST = 1% of (CGST) and 1% of (SGST)

Calculation made excluding the tax amount (Rs. 1,28,000 – Rs. 28,000)

In the given example, the TDS calculation will be

Rs. 1,00,000 x 1 % = Rs. 1,000 (CGST)

Rs. 1,00,000 x 1%. = Rs. 1,000 (SGST)

What are the payment dates for GST 2022?

The payment due dates for GST 2022 are as follows:

      TaxpayerGST TDS return due date
Regular20th day of the next month
Composition scheme18th day of the next month of quarter
Non- Resident20th day of next month
Input Service Distributor13th day of next month
TDS deductor10th day of next month
TCS deductor10th day of next month

What is the due date for TDS return FY 2022-23?

The due date for TDS returns FY 2022-23 are:

  QuarterQuarter periodQuarter EndingDue date
1st QuarterApril – June30th June31st July 2022
2nd QuarterJuly – September30th September1st October 2022
3rd QuarterOctober – December31st December31st Jan 2020
4th QuarterJanuary – March  31st March  1st May 2023

The due date for filing TDS returns for the second quarter of Financial Year 2022-23 is extended from 31st October 2022 to 30th November 2022.

What are GSTR 2A and 2B?

GSTR-2A is an automated generated dynamic tax return for purchases. This form retrieves information from the GSTR-1, which means it retrieves details of goods and/or services purchased in a specific month from the GSTR-1 form.

GSTR-2A is automatically generated from the counterparty/sellers’ returns as follows:

GSTR-1 – a regular taxpayer’s return.

GSTR-5 – non-resident taxable person.

GSTR-6-  return from an input service distributor.

GSTR-7- tax deductor’s return  

Form GSTR-8-  e-commerce operator who is in charge of tax collection.

It also contains information on the importation of goods and the delivery of goods from SEZ units/developers.

GSTR-2B reflects eligible and ineligible ITCs each month. Same as GSTR-2A, but does not change the specified period. The statement is automatically generated on the 14th of the following month. 

Who can file GST TDS return?

The TDS provisions give the central government the authority to require the following individuals to deduct tax at source:

  • A government organization (central or state)
  • Local authority
  • Governmental organizations
  • The government notified categories of people
  • PSUs (public sector undertakings)
  • A society formed by the Central or State Governments or a Local Authority and society registered under the Societies Registration Act of 1860, 
  • An authority, board, or other body established by Parliament, a State Legislature, or a government, with the government owning 51% of the equity (control).

What is the penalty for GST nil return?

The penalty for GST nil return:

Intra-state ( within state ) supplies – Rs. 20 per day for a month (CGST of Rs.10 per day + SGST of Rs.10 per day)

Inter-state ( outside state) supplies – Rs.20 per day for a month  (IGST of Rs.20 per day)

The maximum late penalty is Rs.5,000

Frequently Asked Questions(FAQs)

What if GST returns are not filed for 1 year?

If a taxpayer fails to file monthly returns for a year, the concerned GST officer may cancel the taxpayer’s GST registration.

Is it mandatory to file GST TDS nil return?

It is not mandatory to file GST TDS nil return.

Is TDS applied on GST?

TDS is deducted from the taxable value and not from the GST amount

Can we claim a GST TDS refund?

Yes, you can claim a GST TDS refund. Excess amounts deducted and credited to government accounts are subject to refund under section 54 of the CGST Act 2017.

Is GST annual return mandatory?

GST annual return is not mandatory for small businesses having a turnover of less than Rs. 2 crores.

Wrapping UP

Governments sometimes extend GST TDS due dates due to difficulties for taxpayers in adapting to new GST rules and regulations. A late filing fee of Rs. 200 per day is chargeable if the TDS return is not filed on the due date. To file TDS on date, connect with the GST expert at InstaFiling.

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