Skip to main content

E-Commerce firms to discuss pain points with govt

E-commerce companies are likely to approach the government to seek relief from some of the proposals contained in the draft Goods and Services Tax (GST) law. According to sources, major e-commerce players plan to approach the government via sectoral bodies such as the Internet and Mobile Association of India (IAMAI) to discuss the various pain points. Sources said IAMAI has asked its various members, including major e-commerce players such as Flipkart, Snapdeal and Paytm, to give a list of the various issues they have with the draft. After collating these, the plan is to approach the government next week.

A Flipkart spokesperson said on Wednesday that a specific proposal in the draft law relating to tax collection at source would be detrimental to lakhs of small and medium sellers who do business on e-commerce platforms. "This clause, not applicable to offline sellers, will hurt the working capital requirement for these sellers, as they work on small margins to provide affordable rates to consumers," the Flipkart executive said.

The company, however, welcomed the release of the draft law, as it reiterates the government’s commitment to have a uniform legislation.

Most companies in this space say the compliance burden is being put on e-tailers, as they have thousands of vendors and sellers. “In addition, small sellers will have cash flow issues, as they will have to claim refunds for tax paid on input, which e-tailers will not be able to account for,” said a senior official of an e-commerce company.  He added the present system of information returns in many states is more suitable, as e-tailers are only intermediaries. “The information returns can be used by the government to tally returns filed by the sellers,” he added.

Sellers associations such as the All India Vendors Association (AIOVA) have welcomed the draft law. “This tax or levy on e-commerce transactions is only a deduction of indirect taxes from the payment that sellers receive from marketplaces. It will not have any impact on sales or prices. It will only increase the compliance requirement of e-commerce companies who are currently not filing any transaction data at a central level. This deduction will be credited to us in our tax return and can be adjusted against our tax liability or we can claim refund,” said a spokesperson of AIOVA.

Sachin Goel, chief executive, HomePunch.com, also welcomed it. "Until recently, Indian e-commerce had no tax clarity to regulate the online trade. GST tax reforms will not only simplify the tax laws but will make it easier for retailers and online market places to trade freely in the online space,'' he said.

According to experts, tax collection at source will be a compliance hazard, especially in cash-on-delivery scenarios. “Strict information disclosure requirements have been cast upon electronic platform operators. While in a way this leads to a certainty of taxes and saves such operators from the vagaries of state entry tax laws they currently face, it will be a massive compliance burden for such operators to track, collect and deposit GST liabilities of suppliers using the platform of such operators,” said Sudipta Bhattacharjee, principal at Advaita Legal.

He added for taxi and autorickshaw aggregators, enforcing tax collection at source on their drivers could lead to demands for grossing up from the drivers, apart from the compliance hazards. “Enforcing such tax collection might be difficult in scenarios where the riders are paying the drivers in cash after their ride,” added Bhattacharjee.
CONTENTIOUS ISSUES
For e-commerce platform operators
Tax collection at source will be a compliance hazard, especially in cash-on-delivery scenarios.

IT and other systems will need to be tweaked to ensure compliance with the strict disclosure requirements prescribed under the model legislation.

For actual suppliers of goods and services

Tax collection at source may enhance tax costs since many such suppliers do not pay VAT/entry tax or service tax as on date.

Since the threshold of liability for GST would not apply on such suppliers, small-scale/start-up suppliers may suffer.
Business Standard New Delhi,16th June 2016

Comments

Popular posts from this blog

Govt’s gamble on GST cuts: What do the bond and currency markets signal?

  It’s not just humans who suffer from cognitive biases; markets do too. Interestingly, different financial markets exhibit distinct biases, each interpreting events through its own prism of prejudice. Take the recent announcements on GST reforms: equity markets have chosen to view them through the lens of growth, while bond and currency markets are focusing on potential macroeconomic risks—fiscal pressures and current account challenges. So, which lens captures the true pulse?Equity markets may be right in expecting GST reforms to revive consumption, which has remained lacklustre for a while. But the key question remains—will this revival come at the cost of broader macro stability?It is well known that consumption stocks have rallied since the GST rationalisation announcement. But what about bond markets? What signals are they sending since this rejig was announced from the ramparts of the Red Fort?The signs aren't encouraging. Bond prices have slumped and yields have surged sinc...

Luxury carmakers urge clarity on GST rates to boost festive season sales

  A clear picture regarding new GST rates at the earliest will help the overall auto industry, including the luxury car segment, to regain momentum in the ongoing quarter, which generally sees enhanced sales on account of the festive season.The high-powered GST Council, chaired by Finance Minister Nirmala Sitharaman, will meet on September 3-4 to discuss moving to a two-slab taxation.In an interaction with PTI, BMW Group India President and CEO Hardeep Singh Brar said the recent speculation about the change in GST rates has caused uncertainty in the minds of consumers.Consumer interest and demand is strong, but they (prospective buyers) have adopted a wait-and-watch approach, and this delayed decision-making is impacting new vehicle sales at a certain level, he noted."Expediting clarity on GST rates is essential to get back to speed and ensure the auto sector's contribution to economic growth during this quarter is robust," Brar stated.He also hoped that the sustainable p...

Sebi proposes tighter norms for green bond third-party reviewers

  Sebi on Friday said it has proposed to tighten the norms to appoint independent third-party reviewers or certifiers for green debt securities to align them with requirements for other ESG-linked bonds.In a draft circular, Sebi said that the current norms for green bonds, introduced in February 2023, lack detailed requirements around reviewer independence, conflict of interest mitigation, and disclosure standards that are now in place for other ESG-linked securities under a June 2025 circular.The regulator's latest proposal seeks public comments on a revised framework that would bring parity by incorporating comprehensive criteria for third-party certifiers of green bonds on non-convertible securities.Under the proposed norms, issuers of green debt securities will need to appoint reviewers who are independent of their management, directors, and key managerial personnel. These reviewers will be remunerated in a way that prevents any conflicts of interest and possess relevant expert...