Innovations brought about by admonition and admonition technology accept badly afflicted how bodies behave and go about their circadian tasks. As the cardinal of computer-literate, agenda individuals increases, the easier it becomes to barter admonition and facilitate alien transactions.
Conducting business has additionally become added convenient. Responding to clients’ inquiries and carrying appurtenances and casework are now added able for both buyers and sellers. Thanks to the connected development of innovative, confusing e-commerce technology, the Internet has adapted into an absolute exchange area aggregate and annihilation can be bought and sold.
In the Philippines, a collective address by Globe Telecom and online annual aperture Rappler appear that the assimilation bulk of adaptable Internet is growing at 150% every year, with boilerplate users spending 3.2 hours on adaptable Internet, and 5.2 hours on desktops and tablets.
The aforementioned address acclaimed that bristles out of 10 Filipinos afresh bought commodity from the Internet, including games, music, apps, services, and concrete goods.
Like-minded entrepreneurs accept accustomed this agenda abnormality with accessible arms, anticipation from the acceptance of e-commerce websites such as Lazada, Zalora, and Shoppee, which accept millions of pesos in sales.
Since these are new business platforms that were not alike present a few decades ago, the Bureau of Internal Acquirement (BIR) has apparent fit to admonish the transacting parties of their tax obligations while befitting in apperception the aggregate interests of the government, that is, to ensure the able accumulating of taxes from profits acquired in the conduct of online business transactions. These behavior are advised to accompaniment the Electronic Commerce Act of 2000, contrarily accepted as Republic Act 8792.
On Aug. 5, 2013, the BIR issued Acquirement Memorandum Circular No. 055-13, which added common the taxpayers’ obligations in affiliation to online business transactions. The adjustment abundant the responsibilities of online merchant and online intermediaries on tax compliance, to ensure that able taxes are remitted to the government and all the affairs application the internet are appropriately receipted.
The adjustment angle an “online merchant” as an e-commerce business client that owns a website and sells his own articles and services, actualization like a basic store. Likewise, it additionally authentic “online intermediaries” as third parties that action intermediation casework amid two trading parties. The abettor acts as a aqueduct for appurtenances or casework offered by a supplier to a consumer, for which it receives commission.
For online merchants, the tax obligation is straightforward. Online merchants are basically covered by absolute tax regulations, as an commodity anon affairs appurtenances or services. Specifically, online merchants are appropriate to: annals the business at the Acquirement District Office (RDO); defended Authority to Print invoices/receipts, which may either be chiral or computerized accounting system; affair registered invoices/receipts for every sales transaction; abstain appropriate admirable denial tax (CWT)/expanded denial tax (EWT) and address tax to the BIR; book applicative tax allotment or added letters appropriate for acquiescence and pay absolute taxes; and accumulate books of annual as appropriate by law, authoritative them accessible anytime for analysis and analysis by the BIR for acquiescence with tax rules.
However, complications appear back the online belvedere provider is not the absolute merchant. RMC 055-13 foresaw this, and assured no exceptions for filing tax for e-commerce platforms, alike if online intermediaries are accustomed altered requirements. Their tax responsibilities may alter as to whether they absolutely act as an abettor of the merchant, or are advised the merchant itself.
The instances back the online abettor is advised the absolute merchant itself are:
1) Back consumers buy appurtenances or casework from an abettor annual provider who controls such accumulating of buyers’ payments, and thereafter receives agency from the merchant/retailer, and;
2) Back the abettor markets assorted articles for its own account.
According to RMC 055-13, an Online Abettor which acts as an abettor of the merchant is answerable to:
a. Affair the merchant’s accepting cancellation (for goods)/official cancellation [OR] (for services) for the client to affirmation the goods/service (in this case, the merchant acting as the arch shall accredit a cardinal of pads of such receipts to the intermediary/agent);
b. Ensure the merchant delivers the appurtenances to the client with an accompanying antithesis or merchant performs the purchased service, and;
c. Affair an OR to the merchant for the abounding bulk of the agreed commission, and absorption therein the bulk withheld by the merchant.
However, if the Online Abettor controls the collections/payments of buyers or markets products/services for its own account, and is accordingly advised the retailer/merchant for the purpose of taxation, it is appropriate to:
a. Affair the invoice/OR for the abounding bulk of the auction to the client — if paid through a bank, or affair electronically the invoice/OR for the abounding bulk of the auction to the client -if paid by acclaim card;
b. Affair the acceptance cancellation to the coffer (or through the acclaim agenda company) for the bulk received;
c. Address the bulk to the merchant banker net of intermediary’s agreed mark-up/commission (include in the said remittance to merchant/retailer the 10% EWT) — if paid through a bank, or pay the agency of the acclaim agenda aggregation net of the 10% EWT and address the antithesis to the merchant banker net of intermediary’s agreed mark-up/commission — if paid by acclaim card.
Note that this adjustment absolutely capacity the assets payments fabricated to online intermediaries to 10% EWT. Interestingly, it finer apology RR 2-98, by allegorical the applicative EWT bulk for commissions or annual fees paid to online intermediaries.
Without this regulation, the assets payments to online intermediaries may be subjected to 2% EWT which is the bulk imposed on contractors affianced in added computer-related activities beneath RR 2-98.
Given the aloft requirements of RMC 055-13, entities alms abettor services, and those partnering with them, should consistently booty into application the able allocation of online intermediaries for taxation purposes in adjustment to accede with the tax rules.
Both RA 8792 and RMC 055-13 were advised advanced of their time back they were enacted/issued. However, in the aftermost bristles years, the e-commerce association has admiring alike added beginning entrepreneurs to the market, and basic arcade is still evolving. As abstruse innovations continue, let us abide hopeful that demanding authorities will abide on top with appropriate and adapted acquirement regulations.
This commodity is for accepted admonition alone and is not a acting for able admonition area the facts and affairs warrant. The angle and assessment bidding aloft are those of the columnist and do not necessarily represent the angle of SGV & Co.
Mailyn P. Consignado is a Senior Associate at SGV — Financial Casework Tax.
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