My Divorce Legal
Welcome to My Divorce Legal!

Insurance Articles


Home
:: About Us
:: Contact Us
:: Article
:: Reports
:: Links
:: Site Map

Related Links


E-commerce Taxation
By Adil Waseem


The means and types of businesses have transformed with advent of era of e-commerce, resulting in global seller and buyer. The Internet offers consumer choice, business efficiency and recreation.

As a means of global communication it is so powerful in operation, yet so simple to use. Coupled by these benefit, there have emerged legal issues e.g. conflict of laws, consumer protection, securities and privacy, etc and to address these issues, we have to make amendments in substantive and procedural laws for providing legal framework for collection of taxes generated by e-commerce activities.

The tax statutes have provided us the details of sources of source of income but these vary according to the particular category of income in question. The critical question for electronic commerce taxation is how to analogize those transactions to the transactions in conventional commerce that are addressed in the tax statutes.

The determination of question of issue of territorial jurisdiction is also a crucial concern in e-commerce taxation. Rather the e-businesses which are falling in Pakistani tax jurisdiction for purposes of imposition of taxes or not.

The CBR can tax only Pakistani source of trade or business income of foreign individuals and corporations only when such income is attributable to a "fixed base" but the jurisdiction in cyber space is multi-dimensional, it could be at the residence of the seller or buyer or data encryption place. These are many tricky questions of jurisdiction which our existing tax statutes are ineffective to address them. We need here to make amendment in our tax statute for extension of Pakistani jurisdiction in cyberspace.

The record can be hosting at any jurisdiction, and application of retention and maintenance of record often arise legal issues which could only be solved according prevailing laws of the web hosting state. Legal issues arise when sellers or services providers choose to share the data with remote web server whose whereabouts is not known.

In current conditions, there is need for the CBR approval for keeping, maintenance, destruction and production of the storage of records electronically in prescribed manner and to have confidence in the processes and methodology used to store records electronically.

The CBR could simply retain the power to promulgate acceptable standards of electronic record keeping for tax purposes and to produce these records before court opens many legal questions. We don`t have any extrinsic resources available for auditing, verifying and authenticating these records. Here we need reconstruction of statute for removal of inadequacy of tax laws. The booking requirement is useless unless the records are not accessed for the purposes of verification.

How to access the e-records hosted at a remote place? Rather the CBR have the administrative facility to access, verify, authenticate and provide the certified copies to court of law of these records. There are many advance devices with revenue authorities in advanced states like computer forensic, encryption and clipper chip for accessing these states but our tax statutes is silent on the establishment of these modern devices. What is recommended here that we should make these modern devices the part of tax statute for smooth and efficient running of tax administration.

Self-assessment relies on taxpayers voluntarily meeting their tax obligations. The self-assessment environment in the light of electronic commerce is causing the emergence of legal issues of compliance of tax return.

In e-commerce, deduction and location of the identity of persons behind the e-business is most crucial issues in tax compliance and electronic cash and e-money is accentuating existing problems. Here we need to redefine our tax statute in order to enhance the administrative requirement for meeting the statutory inadequacy.

The growing menace of tax evasion, mitigation and avoidance is too easy in electronic commerce technology and to curb this aggravating problem, the modern technologies are employed for the purpose of eliminating tendencies of avoidance but no anti-avoidance devices are used e.g. digital discovery authorities, computer forensic and surveillance authorities etc. These modern impartial authorities are often made part of the tax administration for the purpose of enhancing their efficiency and reducing tax avoidance.

We have legged behind in regulation of e-commerce taxation in the world. We need to reconstruct our tax statute at par with other countries within the framework defined by the UNICITRAL, the WTO, the OECD and the EU. UNICITRAL has provided the model laws for member states for avoidance of conflict of laws among them.

For more information, news and articles see:

Jet Ski Insurance - Jet Ski Insurance
...me time now in the UK and there are many makes and models that frequent numerous Jet Ski Insurance water centres. Taking to the wet stuff on your powerful jet ski will be an exhilarating experience a...
Visit Jet Ski Insurance...

Courier Insurance - Courier Insurance
...ng such document or parcels can mean huge losses for some people. Therefore,Courier Insurance has become an important consideration for any one using mailing services. It is not uncommon for people to...
Visit Courier Insurance...

Mis-sold Ppi - Mis-sold Ppi
...o my bank in the late 1990s to enquire about a loan for a new car. I`d fell in love with this slinky, silver sports car and being a single male at the time, with plenty of disposable income, I though...
Visit Mis-sold Ppi...

Work Accident Compensation - Work Accident Compensation
...solicitors that specialises in work accident compensation. He tells me that work accident compensation is an incredibly busy area to work in and I am sure that he is right. As you know, there are co...
Visit Work Accident Compensation...

Gap Insurance - Gap Insurance
...car insurance but how many people know what gap insurance is? I know that I had never heard about this type of insurance before until it was brought to my attention recently. The gap insurance cover...
Visit Gap Insurance...

Ppi Claims - Ppi Claims
...nce on your loan. The representative from the bank seemed to bamboozle you with facts and figures and to be honest; you didn`t quite understand what was going on. You just wanted the loan because yo...
Visit Ppi Claims...

Loading Bay Equipment - Loading Bay Equipment
... clients. With this equipment, you are able to load and unload all your merchandise with great ease and efficiency. We provide high quality equipment which is cost effective as well. We implement all ...
Visit Loading Bay Equipment...

Hgv Courier Insurance - Hgv Courier Insurance
... purchase for a delivery business. So there are now insurers who specialise specifically in more complex insurance policys, they are experts in business insurance; therefore they will be able to advis...
Visit Hgv Courier Insurance...

Car Gap Insurance - Car Gap Insurance
...that I had never heard of car gap insurance until recently. I suppose unless you buy a car on finance you might not know about such policies. As I understand it the car gap insurance covers you in t...
Visit Car Gap Insurance...

Marina Insurance - Marina Insurance
...r of different policy wordings from a variety of companies, this is a guide is to help you decide what sort of policy would suit you more and give you the exact cover you need. You have to look for va...
Visit Marina Insurance...

No Win No Fee Injury Claim - No Win No Fee Injury Claim
... involved in an accident that wasn`t your fault and had to take time of work as a direct result. You might be lucky if you have an employer that is prepared to pay you sick pay during your recovery p...
Visit No Win No Fee Injury Claim...

Dock Levellers - Dock Levellers
...es near for loading and unloading your various goods. Our levellers are extremely strong and durable, and are made to handle your vehicle with ease. You are given easy operational control and flexibil...
Visit Dock Levellers...


Click For More Detailed Information on:

Home  |  About Us  |  Contact Us  |  Articles  |  Special Reports  |  Links  |  Site Map

Copyright © 2003-2010. All Rights Reserved.


Valid CSS!