New Delhi: The government may expand the scope of the so-called equalization levy on the flourishing digital economy that was proposed in the Union budget.
An indication of this came from the suggestions of a committee formed by the income tax department to study the taxation of e-commerce.
The ambit of the equalization levy on e-commerce transactions can be expanded in the coming years to include downloading of songs, movies and books, online consumption of news, software downloads and online sale of goods and services, the committee has suggested.
The suggestions of the panel were made public on Monday.
To be sure, the levy is proposed initially for only business-to-business transactions and not on direct sales to customers.
Based on the panel’s recommendation, the government had in the budget announced a new equalization levy of 6% to be deducted for payments made to non-residents for specified services such as online advertisements.
Also called the ‘Google tax’, it has been structured in such a way as to ensure that every entity making a payment to a non-resident for online advertisements will have to deduct this tax before making the payment.
This was brought in to ensure that global online businesses such as Alphabet Inc., Facebook Inc. and Twitter Inc. that earn considerable revenue from India are taxed in the country.
The idea of an equalization levy was part of the proposals made by the Organisation for Economic Cooperation and Development and is based on the Base Erosion and Profit Shifting (BEPS) guidelines. BEPS refers to shifting of profits from high tax-rate countries to lower ones.
The committee has also recommended that these specified services could include “designing, creating, hosting or maintenance of website, digital space for website, advertising, emails, online computing, blogs, online content, online data or any other online facility and any provision for uploading, storing or distribution of digital contentâ€.
Besides this, “or right to or downonline music, online movies, online games, online books or online software, without a right to make and distribute any copies thereof online news, online search, online maps or global positioning system applications online software applications accessed or downloaded through internet or telecommunication networks and online software computing facility of any kind and for any purpose†could also be brought under the proposed levy over the coming years.
The other services that can be included are online collection or processing of data related to online users in India any facility or service for online sale of goods or services or collecting online payments and development or maintenance of participative online networks.
“The government has provided a rationale for taxing digital economy transactions and it seems that the government will seek to tax a wide range of digital economy transactions under the equalization levy (currently online advertising supply chain and other services through notification in future),†said Rakesh Jariwala, tax partner, media and entertainment at EY, in a note. “It is therefore imperative that the government not only lays down clear guidelines around the transaction covered under the levy but equally, the manner of determination as to whether equalization levy or income tax will apply on a transaction. Else the transaction could lead to double taxation—equalization levy as well as income tax.â€
To reduce compliance and administrative costs, the committee further recommends that the equalization levy of 6% to 8% “should be restricted to business-to business (B2B) transactions, and not apply it to the business-to consumer (B2C) transactions, which are more frequent, but of smaller amounts, at this stage, or till that point of time when a mechanism becomes available, by which equalization levy can be seamlessly collected in B2C transactions, without burdening the consumerâ€.