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What are VAT compliance requirements for e-commerce businesses?

VAT Registration Obligations for E-Commerce Businesses

  • E-commerce businesses were required to register under VAT laws in each state where they operated or sold goods
  • Online sellers had to obtain separate VAT registrations in states where they maintained warehouses or dispatched goods
  • Marketplaces and aggregators also needed to register if they were responsible for tax collection
  • Registration was mandatory regardless of turnover in many states, especially for interstate supplies
  • Non-registration could lead to penalties, seizure of goods, or denial of input credit

VAT Collection and Invoicing Rules

  • VAT had to be charged on all taxable sales made through the e-commerce platform
  • Sellers were required to issue tax invoices mentioning VAT amount, TIN, and product details
  • In many states, VAT was collected by the seller; however, some required marketplaces to deduct and remit VAT
  • Proper invoice numbering, product classification, and rate application were essential
  • Separate invoicing formats were used for VAT-liable and exempt goods

Return Filing and Tax Payment Requirements

  • E-commerce dealers had to file monthly or quarterly VAT returns, depending on state rules
  • Returns had to include detailed records of online sales, returns, discounts, and cancellations
  • VAT collected was payable to the state government within the due date, usually the 20th of the next month
  • Input tax credit could be claimed on eligible purchases and adjusted against output VAT
  • Interest and penalties were applicable for delayed payments or incorrect returns

Record-Keeping and Audit Compliance

  • E-commerce businesses were required to maintain detailed records of invoices, payments, shipping, and returns
  • States mandated electronic and physical records of stock, sales, and returns for audit purposes
  • VAT audit was mandatory if turnover exceeded the prescribed limit (e.g., ₹1 crore in many states)
  • Online portals often had to provide automated data summaries for tax reconciliation
  • Proper classification and matching of entries were essential to avoid disputes during VAT audits

Special Challenges and Transition to GST

  • E-commerce faced complexities due to varying VAT rates across states and inter-state compliance
  • Lack of uniformity in treatment of bundled offers, free goods, and returns led to compliance confusion
  • With the introduction of GST, e-commerce businesses now follow TCS (Tax Collected at Source) and centralized filing
  • However, VAT obligations still apply to legacy transactions and products like alcohol or petroleum
  • Understanding old VAT laws helps resolve pending issues during assessments, audits, or refund claims

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