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Regulations on tax declaration and payment responsibilities of owners of e-commerce trading floors

18/02/2022


The Ministry of Finance is collecting comments from the people with the draft Decree amending and supplementing Decree No. 126/2020/ND-CP detailing a number of articles of the Law on Tax Administration and Decree No. 123/ 2020/ND-CP regulations on invoices and documents.

Supplementing draft on tax declaration and tax payment responsibilities of owners of e-commerce trading floors (adding point k clause 5 Article 7 Decree No. 126/2020/ND-CP).

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Accordingly, the organization that is the owner of the e-commerce trading floor shall declare and pay tax on behalf of individuals (both domestic and foreign) who sell goods and services through the exchange. as follows:

For goods and services sold through the online ordering function of the exchange, the organization that is the owner of the e-commerce exchange is responsible for representing the seller as an individual (including in the country and abroad) to file tax returns and pay taxes on behalf of individuals.

For goods and services sold not through the online ordering function of the exchange, the organization that is the owner of the e-commerce trading floor shall declare and pay tax on behalf of the individual (including domestic and foreign) on the basis of authorization of civil law.

In addition, the draft also adds regulations on the responsibilities of owners of e-commerce trading floors in providing information to tax authorities (additional clause 8 Article 27).

Specifically, the organization that is the owner of the e-commerce platform is responsible for providing information of traders, organizations and individuals that conduct part or the whole process of buying and selling goods and services on the e-commerce trading floor includes: Seller's name, tax code or personal identification number or identity card or citizen identification or passport, address, contact phone number; sales revenue through the online ordering function of the floor (if the floor owner does not declare, pay tax on behalf of the seller).

The provision of information is carried out on a quarterly basis, no later than the first month of the following quarter. Organizations that are owners of e-commerce platforms can provide information electronically according to regulations on electronic transactions in the tax field or connect directly with tax authorities if they meet the following conditions. technical infrastructure according to the standard data format developed and announced by the General Department of Taxation.

The Ministry of Finance is collecting people's comments on this draft at the Ministry's web portal.