TCS rules on foreign expenditures is a mess
1. 5% TCS is applicable on tour packages if the expense is less than 7 lakhs per annum & 20% if it is more than 7 Lakhs per person
(How is anyone to know how much this client has spent already? So it is suggested that travel agents take a declaration from the client - but then does the onus lie on us if the client is dishonest)
2. No TCS on "only hotel bookings" but there is 5% or 20% TCS if it is a Tour Package. So if client books the hotels thru a travel agent but books trains and car online then technically he is going on a tour, but the travel agent is not going to charge TCS
3. Online portals are in a spin themselves - collecting PAN cards, charging or not charging TCS. Banks are going haywire sending communications which are a whole lot of mumbo-jumbo. Credit Card payments are being made but waits to be seen how this will be dealt with. definitely there will be questions by card-holders with their interpretations of the TCS rules and what the expense was for.
4. A lot of b2b business happens within the industry. That confusion is at a whole new level currently!
Travel Industry chat groups & sub-groups are burning up with this issue. Everyone is second-guessing the other. Everyone's CA has a divergent view.
There is one circular issued by the Govt of Finance on the 30th of June 2023 which tries to clarify things but that is also being interpreted in various ways.
What an environment to do business!!!
5% TCS on everything was working fine. They should have just continued with that - both online and offline. Now that the banks are even ready with their systems, just charge your 5% on every foreign spend and be done with it. more