Sunday, 8 October 2023

Equalisation Levy: An Overview


Meaning: Equalisation levy is a form of direct tax withheld at the time of payment by the recipient of services.

Conditions for Services (Effective from 01.06.2016): Payments must be made to a non-resident, and the aggregate consideration should not exceed Rs 1 lakh in the fiscal year.

Covered Services (Effective from 01.06.2016) Taxed at 6%: Online advertisements, any provision of digital advertising space, and related facilities or services for online advertising are subject to a 6% equalisation levy.

Equalisation Levy on E-commerce Supply or Services (Finance Act 2020): As per the Finance Act 2020, an equalisation levy of 2% is imposed on the consideration received or receivable by an e-commerce operator from the e-commerce supply of goods and services. This applies to transactions with residents or non-residents under specified circumstances, or individuals using IP addresses located in India for purchasing such goods or services.

Exemptions for E-commerce Operators: The equalisation levy does not apply to e-commerce operators in cases where they have a permanent establishment in India and conduct e-commerce supply through that establishment. Additionally, the levy is not applicable if the sales, turnover, or gross receipts from e-commerce supply or services during the previous year are less than Rs 2 crore.

No Tax Credit in Home Country: Since equalisation levy is not a part of the Income Tax Act, 1961, non-resident e-commerce operators cannot claim tax credits for it in their home country. In the event of failure to deposit the equalisation levy, a penalty equivalent to the unpaid amount will be imposed on the e-commerce operator.

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