24 April 2025
TCS on Sale of High-Value Luxury Goods
 
The provision of Tax Collected at Source (as opposed to Tax Deducted at Source) was initially introduced in the Income Tax Act, requiring the sellers of motor vehicles to collect tax at source (TCS) at the rate of 1% on the sale of motor vehicles where the value of such motor vehicle exceeds INR 10 Lacs. Considering the increase in expenditure on luxury goods by high-net-worth individuals, the scope of the section was expanded by the Finance (No. 2) Act, 2024, to include other high-value goods under the ambit of TCS with the intention of tracking such expenses, thereby widening and deepening the tax net.

The coverage of high-value goods was to be specified by the central government by notification in the official gazette. Vide notification S.O. 1825(E) dated 22 April 2025, the central government has notified the following goods:
  • any wristwatch
  • any art pieces such as antiques, paintings, sculptures
  • any collectibles such as coins, stamps
  • any yacht, rowing boat, canoe, or helicopter
  • any pair of sunglasses
  • any bag, such as a handbag, purse
  • any pair of shoes
  • any sportswear and equipment such as golf kit, ski wear
  • any home theatre system
  • any horse for horse racing in race clubs and for polo
Sellers of any of the above-specified goods, where the value of such goods exceeds the threshold of INR 10 lakh rupees, must ensure compliance by collecting 1% of the amount received for such sale as TCS. Businesses need to update their IT and other systems to collect TCS on receipt of payment from the buyer, deposit the tax so collected by the 7th of the following month, and report the same in quarterly return to be filed by the 15th of the month following the quarter.

From the buyer's perspective, the tax so collected shall be available as a credit in their income tax returns, and they can offset the same against taxes payable, if any, or claim a refund. Thus, as against popular belief, this is not a cost and can be availed as a credit against taxes payable or as a refund if no taxes are payable.

It is interesting to note that the term “Buyer” includes any “person” and therefore not only includes individuals but all kinds of corporate and noncorporate entities except the central government, state government, local authorities, and public sector companies engaged in the business of carrying passengers.
Our Comments
Businesses dealing with these high-value luxury goods will have to take necessary measures to update their SOPs and IT systems to manage additional compliances. Practical challenges could arise when such goods are sold online. The provision is made effective from 22 April 25 itself, which may not allow any time for sellers to prepare themselves for managing the compliance, especially to enable their websites to include the TCS component on the same and collate necessary information of the buyers.

Interpretational issues are also likely to arise considering the inclusive words used to define the coverage of goods, e.g., 'any art piece,' 'any collectibles,' and 'any sportswear and equipment.'

This will not only help tax authorities to collect taxes on high-value spending, but it is likely that they may use the data to scrutinize the allowability of the expenses, if the same is claimed as expenses, and may also question the source of funds where the reported income and assets do not support the spending.


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