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Executive Summary
The Internet has opened up a new horizon for trade and commerce, namely electronic
commerce (e-commerce). E-commerce entails the use of the Internet in the marketing,
identification, payment and delivery of goods and services. This paper highlights the
status, statutes, potential and constraints to e-commerce development in Bangladesh.
Both the statutory laws as well as the challenges in implementing them are discussed.
Major legal, regulatory and institutional constraints to e-commerce are identified. The
paper also lists specific policy changes aimed at bringing improvements to the legal and
regulatory environment affecting e-commerce.
E-commerce presents a major challenge for tax administrations, given the often multi-
jurisdictional nature of the transactions and the potential anonymity of the parties.
Introduction:
Now a days use of technology in each and every sector has been very common. In this
era of globalization we can hardly find any sector operating without using technology.
So there is no doubt and it is quite natural that business world will also use technology
effectively as well as efficiently and take the greatest advantage which is offered by
technology. Internet is one of the largest blessings of technology, which enables people
from the distant parts or county to interact or communicate easily. It has made the whole
globe a single village.
A new horizon has been opened up for trade and commerce, namely electronic
commerce (e-commerce) by none other than one and only internet. E-commerce entails
the use of the Internet In the marketing, identification, payment and delivery of goods
and services all are done by e-commerce using internet. This paper highlights the future
of e-commerce and constraints to e-commerce development in Bangladesh. Here the
challenges in implementing e-commerce in Bangladesh are discussed. Major legal,
regulatory and institutional constraints to e-commerce are needed to be identified to
make the implementation of E-commerce success. Specific policy changes aimed at
bringing improvements to the legal and regulatory environment affecting e-commerce is
another important issue. The advancement of technology is a continuous process. In
recent age it has given birth to a digital age. Now the buyers and sellers both have
much power because of the massive use of many powerful technology as well as
internet. Most of the business todays are operating under the e-commerce criteria over
digital networks. Internet connects the people with companies. It has provided easier
ways to serve its customer in a superior way and build stronger customer relationship
by creating value for customer. (Kilter, 2008:493)
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To discover the future of e-commerce in Bangladesh, we must have a clear idea about
what e-commerce is:
DEFINITION OF E-COMMERCE:
In a word e-commerce can be defined as performing business activity via internet or
another electronic network. Book defines Electronic commerce is an emerging concept
that describes the process of buying and selling or exchange of product, service, and
information via computer network including the internet.(Turban, 2004:04)From the
definition above we can say that performing any type of business activity through
internet is e-commerce.
Taxation of e-commerce
1. Electronic commerce has the potential to be one of the great economic developments
of the 21st Century. The information and communication technologies which underlie
this new way of doing business open up opportunities to improve global quality of life
and economic well being. Electronic commerce has the potential to spur growth and
employment in industrialized, emerging and developing countries.
2. Revenue authorities have a role to play in realizing this potential. Governments must
provide a fiscal climate within which electronic commerce can flourish, weighed against
the obligation to operate a fair and predictable taxation system that provides the
revenue required to meet the legitimate expectations of citizens for publicly provided
services. Striking the right balance between these objectives is the aim of this Report.
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3. The Committee on Fiscal Affairs (CFA) recognizes that the technologies which
underlie electronic commerce offer Revenue authorities significant new opportunities to
improve taxpayer service and Member countries are committed to exploiting fully these
opportunities (see Section III).
4. The taxation principles which guide governments in relation to conventional
commerce should also guide them in relation to electronic commerce. The CFA believes
that at this stage of development in the technological and commercial environment,
existing taxation rules can implement these principles.
5. This approach does not preclude new administrative or legislative measures, or
changes to existing measures, relating to electronic commerce, provided that those
measures are intended to assist in the application of the existing taxation principles, and
are not intended to impose a discriminatory tax treatment of electronic commerce
Transactions.
6. Any arrangements for the application of these principles to electronic commerce
adopted domestically and any adaptation of existing international taxation principles
should be structured to maintain the fiscal sovereignty of countries, to achieve a fair
sharing of the tax base from electronic commerce between countries and to avoid
double taxation and unintentional non taxation (see Section IV). Revenue authorities
acting within the OECD or other fore must take an active role in encouraging protocols
and standards for electronic commerce which are compatible with
These principles.
7. The CFA has been able to reach conclusions on conditions for a taxation framework
needed to implement these principles (see Section V). Intensified co-operation and
consultation with business will be an important part of the process of implementing
these principles (see Section VI).
Ubiquity: It is available just about everywhere and at all times. Consumer can
connect it to the Internet at any time, including at their homes, their offices, on their
video game systems with an Internet connection and mobile phone devices.
Ecommerce is ubiquitous technology which is available everywhere and can access all
times by using internet and Wi-Fi hotspot such as airport, coffee cafe and hill station
places.
Global reach: The potential market size is roughly equal to the size of the online
population of the world. Ecommerce Technology seamlessly stretches across traditional
cultural and national boundaries and enables worldwide access to the client.
Ecommerce website has ability to translate the multilingual websites as well as allow the
access to international visitors all over the world. Universal standards: The technical
standards of the Internet and therefore of conducting ecommerce, are shared by all of
the nations in the world. The whole online tradition are growing and expanding their own
features in the world. To development the any kind of business need Internet and
communication application which make the business relationship more lovingly and
attractive for secure business and successful business. Ecommerce Technology
provides us powerful application to access our social networking and online ecommerce
store any time and everywhere.
Information density: The total amount and quality of information available to all
market participants is vastly increased and is cheaper to deliver. Most business owners
use the shopping cart and do the order of product and purchasing online. Online
shopping process allows a consumer or company to receive personal details, product
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shipping, billing and payment information from a customer all at once and sends the
customer's information to the appropriate departments in a matter of seconds priority.
Income tax
Income tax is payable on your income from employment or self-employment. HM
Revenue & Customs (HMRC) sets a tax-free allowance for you - you pay tax on the
rest. The amount of income tax you pay on your business income depends on the
amount you earn and the type of business:
Sole trader: you pay income tax on your business' profits rather than on the
salary you pay yourself. You're responsible for paying your own income tax (and
National Insurance - see below for more information) by filling in a tax return
every year. Once you are registered as a sole trader, HMRC will automatically
send you a tax return form that suits your particular circumstances.
Limited company: as an employee you pay income tax on your salary, normally
deducted automatically from your wage via the Pay as You Earn (PAYE) scheme.
But as a director of a limited company, you'll also need to fill in an annual tax
return. Business Link advice will help you with this. (A limited company also pays
corporation tax on its profits - see below.)
Corporation tax
Corporation tax is not payable by sole traders and partnerships but is payable on the
profits of limited companies. You pay corporation tax, in the country you live in, on your
worldwide online trading profits. Anything you make money from can be taxed once you
are making at least a few thousand pounds a year.
You are legally obliged to let HMRC know your company exists and that it is liable for
corporation tax. You can do this on the HM Revenue & Customs website.
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You don't want to pay more corporation tax than you need to - keep accurate
records of your income and expenditure.
Charging VAT
VAT applies to most business transactions that involve the sale of goods or services.
Once your turnover passes a certain level you'll need to register (with HMRC) for VAT.
Then you'll have to charge VAT on your sales and repay the VAT to HMRC. The amount
of VAT you charge on your sales depends on what you are selling and who you are
selling it to. It's not that simple, but - fortunately - the HMRC website includes a
comprehensive guide to VAT rates.
VAT is considerably more complex on purchases that are made outside the UK,
depending on whether you are supplying goods or services to business or non-business
customers, inside or outside the EU. If your business has not previously been involved
in cross-border trading, speak to an accountant or tax adviser before you start.
It should be noted that significant changes to the VAT treatment of cross border supplies
of services came into effect from 1 January 2010. However these changes did not
change the place of supply of electronically supplied services.
The basic position is that in general supplies of physical goods are deemed to be made
in the place where the goods are located when they are dispatched. Where the goods
are merely ordered using electronic communications, this will not affect the way in which
they are treated for VAT purposes. The location of goods and therefore their place of
supply for VAT purposes will not be altered by internet ordering.
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As VAT legislation was originally drafted in the context of goods physically being
supplied, there is generally little difficulty in applying the existing regime to this type of
transaction. Note however that digitized products are treated as a supply of services
and not goods.
The VAT treatment of a supply of goods to a customer within the EU will depend upon
whether the customer is a VAT registered business or not. If goods are sent from the UK
to a VAT registered business in another member state they can be zero-rated by the UK
supplier provided certain conditions are complied with, which include obtaining the
customer's VAT registration number.
Supplying goods over the internet to customers in a variety of EU member states can
therefore impose significant burdens on a business in terms of monitoring levels of
supply in each State and complying with the differing requirements in each state.
Another potential area of difficulty in internet sales is identifying and verifying the
customer's status.
Supplies of digitized products are treated as supplies of services rather than goods.
Since 1 January 2010, the basic rule for supplies of services where the customer is
registered for VAT is that services are deemed to be supplied where the customer
belongs. Individuals receiving supplies in a personal capacity are treated as belonging
where they have their usual place of residence and businesses are treated as belonging
where they have a business or fixed establishment which has the benefit of the service.
If the supplier and the customer belong in the same EU member state, the supplier
accounts for the VAT. If they belong in different EU member states, a reverse charge
procedure operates. This means that a UK supplier does not have to account for VAT
when making supplies to a customer belonging outside the UK, regardless of whether
the customer belongs in the EU or not. However an EU based customer must account
for VAT in its member state it is treated under the reverse charge procedure as having
supplied the service to itself and so it must account for output tax and can recover input
tax depending upon the extent to which it is making taxable supplies.
The reverse charge provisions also apply in relation to services supplied by a supplier
outside the EU so an EU business customer may have to account for VAT under the
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reverse charge procedure in its member state in respect of services it receives from
suppliers belonging outside the EU. For most business-to-business transactions this
regime ensures a level playing field within the EU between EU and non-EU suppliers.
In the case of electronically supplied services supplied to business customers the basic
rule on the place of supply of services may be overridden by the use and enjoyment
provisions. These provide that:
if the supply would be treated by the basic rule as supplied in the UK (because
the customer belongs in the UK), but the services are to any extent effectively
used and enjoyed in a country outside the EU, the supply is to be treated to that
extent as made in that country (so that no VAT is payable); and
If the supply would be treated as made in a country outside the EU (because the
customer belongs outside the EU), but the services are to any extend effectively
used and enjoyed in the UK, the supply is to be treated to that extent as made in
the UK (so that UK VAT is payable).
Further guidance on these rules can be found on the HMRC website. Electronically
supplied services include the following:
the supply of images, text and information, and the making available of
databases;
the supply of music, films and games (including games of chance and gambling
games);
The general rule is that supplies of services to private customers are treated as made
where the supplier belongs. However, electronically supplied services supplied to
private customers who belong in the EU by a supplier who belongs outside the EU will
be treated as being made where the customer belongs.
As mentioned above, where the supplier belongs outside the EU but the recipient is a
private customer within the EU, the supplying business will need to account for VAT.
Non-EU businesses supplying electronic services can register electronically in the
member state of their choice, rather than having to register each state in which supplies
are received. They will account for VAT at the rate applicable in the customers member
state on an electronic return and VAT will be distributed as appropriate to the relevant
member state where the supply is consumed.
From 1 January 2015 the rules will change so the place of supply will be the place
where the customer is based. The system mentioned above in relation to non-EU
suppliers will be expanded to enable UK suppliers to account for VAT in the UK in
respect of supplies to private customers in other member states.
World Pay can offer a Merchant Account combined with payment processing in a
complete package. Have a look at Business Gateway Plus for more information. This
section takes you through everything you'll need to do to enable your website for online
payment as well as apply for, and connect to, World Pays service:
E-COMMERCE IN BANGLADESH AND TAXATION
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Payment processing
The crucial thing to know before you start selling is that you will be responsible for
any fraudulent transactions made at your store. Its up to you to ensure that your
customers are genuine. If you don't, you are liable for reimbursing cardholders whose
cards were used without their authorization.
The good news? World Pays dedicated fraud-fighting tools will help you reduce your
losses due to fraud.
But you need to take your own fraud prevention measures as well: many new online
companies go out of business within six months because they fail to do so.
You'll also need to make sure any card payment information you store is protected
against hackers and fraudsters who might attempt to steal credit card information. This
is in order to comply with requirements introduced by the Card Schemes (called
Payment Card Industry Data Security Standard or PCI DSS) to protect cardholder data.
Large fines can be imposed for non-compliance or data breaches so it's vital you
understand your obligations before you start accept
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Making E-Payments
Paying Income Tax
Four types of users can pay Income Tax by using this portal (e.g. Self, Authorized
Representatives, Deducting Authorities & Others). If you want to pay income tax
as a Self user, click the e-Payment link, go to Income Tax and click Pay Income
Tax Online. Your TIN & Name will appear automatically from profile section.
Select taxes zone, taxes circle, tax type and tax section. Account code will
appear automatically.
Enter the assessment year applicable to your e-payment. (For example, for any
Income period between July 2011 and June 2012 the assessment year will be
2012-13.)
Enter the amount (in BDT) you want to pay and other personal details. Recheck
all entered information, click Submit to save your information and proceed to the
Somali Bank page. Once you are there, you cannot come back to this page, but
you can start afresh if you want.
Select your mode of payment (e.g. debit card) from the dropdown menu and click
Next to see a draft copy of the e-Challan. If information contained in draft challan
is accurate, click Next to continue.
In the Q-Cash page, enter your card information (PAN, CVV2 / CVC2) in the form
by clicking on the numbers on the keypad.
Enter your name and expiry date as it appears in your account or card. Make
sure its spelled correctly. Do this quickly since your session will expire quickly if
left inactive. If everything is correct, click OK.
Enter your credit/debit card password or online banking code by clicking on the
numbers on the keypad and click Submit to view final Challan. You are
encouraged to contact your bank to obtain your internet PIN or iPIN.
Print, save or email this final e-challan as you like. Click Finish to end your
session. You can now return to your profile and view payment details.
Paying VAT
In the e-Payment link, go to VAT and click Pay VAT Online. Your TIN, Name and
Business Name will appear automatically from profile section. Enter your BIN,
and revenue type. If your payment type is not on the list, select Other VAT. Select
the VAT Office where you want to pay your VAT.
Now enter your personal information in the fields for your name, address and
amount you want to pay. Click Submit to save your information and proceed to
the Sonali Bank page. Once you are there, you cannot come back to this page,
but you can start afresh if you want.
Select your mode of payment (e.g. debit card) from the dropdown menu and click
Next to see a draft copy of the e-Challan. If information contained in draft
challan is accurate, click Next
In the Q-Cash page, enter your card information (PAN, CVV2 / CVC2) in the form
by clicking on the numbers on the keypad.
Enter your name and expiry date as it appears in your account or card. Make
sure its spelled correctly. Do this quickly since your session will expire quickly if
left inactive. If everythings ok, click OK.
Enter your credit/debit card password or online banking code by clicking on the
numbers on the keypad and click Submit to view final Challan. You are
encouraged to contact your bank to obtain your internet PIN or iPIN.
Print, save or email this e-challan as you like. Click Finish to end your session.
You can now return to your profile and view payment details.
In the e-Payment link, go to Customs Duty and click Pay Customs Duty Online.
Your Agent Identification Number (AIN) and agency name will appear
automatically from your account.
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Fill in your information in the form including where you want to pay (Dhaka,
Benapol, Mongla etc), Bill of Entry number, and date of registration. Click Search
to view tax details of the transaction in question and generate the amount of
customs duty to be paid.
Click Submit to save your information and proceed to the Sonali Bank page.
Once you are there, you cannot come back to this page, but you can start afresh
if you want.
Select your mode of payment (e.g. debit card) from the dropdown menu and click
Next to see a draft copy of the e-Challan. If information contained in draft
challan is accurate, click Next
In the Q-cash page, enter your card information (PAN, CVV2 / CVC2) in the form
by clicking on the numbers on the keypad.
Enter your name and expiry date as it appears in your account or card. Make
sure its spelled correctly. Do this quickly since your session will expire quickly if
left inactive. If everythings ok, click OK.
Enter your credit/debit card password or online banking code by clicking on the
numbers on the keypad and click Submit to view final Challan. You are
encouraged to contact your bank to obtain your internet PIN or iPIN.
Print, save or email this e-challan as you like. Click Finish to end your session.
You can now return to your profile and view payment details.
OtherServices
Users can also pay other taxes (e.g. travel tax, gift tax) through the portal. Easy step-by-
step guidelines are provided in the Learn section of the portal. Users can also verify
their e-challan through this portal. Visit the How to Use link on the site to learn more.
E-Commerce Solution
Your E-commerce business solution powered by Colors of Bangladesh
E-Commerce is nothing but exchange of goods and services for money, being
conducted via electronic medium like the Internet. Customers opt for online stores
because they can be more convenient than brick and mortar stores. However, one of
the biggest challenges of conducting an online business is making sure that the
E-COMMERCE IN BANGLADESH AND TAXATION
17
customers trust clients website. To be a successful online store, clients need to instill
trust in your customers. Your online business needs to provide a strong framework for
trust and be able to engender trust amongst its users. Trust and loyalty is promoted
through the use of a secure payment system. However, in order to create a secure
payment system, you first have to convert your business into a site where e-commerce
can take place and where the customers can purchase the client products and/or
services with ease. This is where Colors of Bangladesh. Reliable ecommerce solutions
come into picture.
Recommendations
The assessment of the e-commerce environmental forces of Bangladesh leave us some
Room to recommend some steps and measures that should be undertaken by the
policy
Makers and business stake holders for the full fledged implementation and development
Of e-commerce in Bangladesh. The recommendations are:
There should be an EFT (Electronic Fund Transfer) Gateway, which will connect all
finance and banking institutions, ATMs, POS and related websites. Such Gateway will
speed up the transactions among banks, commercial institutions. This sort of
infrastructure needs to be implemented on priority basis.
A CCG (Credit Card Gateway) should be established. A credit card gateway is a
server that makes online credit card transactions safe (Skinner, 2005). The software
protocols in the CCG use the information provided to check for availability of funds and
to make sure the credit card is not expired, lost or stolen. This takes only seconds.
When the transaction is approved a receipt is generated for the customer, and the funds
are transferred to the vendor's bank account through EFT.
Unlicensed radio frequencies should be made available on demand and VSAT
operating licenses should not limit the bandwidth.
to improve banking mechanism, Bangladesh government should compel the banking
sectors to automate their operation and going online by a specific period. 82 The
Environment of E-Commerce in Bangladesh The control of foreign exchange should be
liberalized gradually, and easier issuance of International Credit Cards should be
allowed, banks should take effective steps here.
Business associations and organizations should be made aware of the benefits of e-
commerce. Business organizations like FBCCI, DCCI, MCCI, and BGMEA can play a
significant role in promoting e-commerce in Bangladesh.
Political commitment to improve governance and institutional strength is essential for
successful application of e-commerce.
Last but not least, National ICT policy, 2002 and enactment of the ICT Act, 2005
Is required to enhance the implementation of e-commerce.
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Conclusion
E-Commerce is the system of buying and selling of goods and services over electronic
Medium. Only the internet connection is not enough for the development of e
commerce. The whole environment is essential for the development, maintenance and
growth of ecommerce. The analysis of the environmental forces reveals that the
prevailing situation is encouraging for the implementation of e-commerce in
Bangladesh. The macro and micro economic situation is favorable to e-commerce. The
synopsis of the legal and regulatory statutes indicates that Bangladesh has made
significant progress in facing the challenge of embracing e-commerce in due course of
time. ICT infrastructure such as Away connection, last mile connection, internet
connectivity and usage etc. already meet the criteria for establishing the e-commerce.
Bangladesh is rich in ICT human capital and continuously producing graduates to meet
the demand of the next century. Even Bangladesh doesnt require any foreign expert to
implement, execute and maintain ecommerce infrastructure. Despite the encouraging
state of implementation, e-commerce can never be deployed until and unless an
Electronic Fund Transfer (EFT) Gateway and a Credit Card Gateway (CCG) have been
established. These two Gateways will eliminate the security issues in ecommerce and
enhance the e-transactions. In addition to that, creating awareness among the citizens
and the business organizations is essential for the implementation and growth of e-
commerce in Bangladesh.