GST for eCommerce Seller

Online Selling Business – Important Things to Know

Going by the present business trend, there are two broad models of business Inventory Model and Marketplace Model.

 

GST has very proper guidelines for taxation on e-commerce sales. This was a grey area in the previous tax regime. With the remarkable growth of e-commerce in India, it was needed for the government to bring clear guidelines to avoid future complication between a seller and commercial tax department.

An online business structure is known as a marketplace model. In this model usually, an online store in a marketplace model acts as a controller (or administrating for) a group of sellers. Normally, it allows other sellers to showcase their products in the storefronts (in their online place) and gets a commission from the sales made by the group of seller attached to it. It allows the sellers to start their business without having to think about many only infrastructures needed to set up their own portal and popularize it.
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 Under the GST Act, every online seller has to register themselves and pay GST. Unlike their other peers who do not go through e-commerce route (meaning a traditional store/establishment), who has an exemption of an annual turnover of Ras.40lacs, they must have GSTIN for doing transactions. Also, they need to file proper GSTR (GST returns) as per the prevailing law. GST registration and submission of return is must for al online sellers because of the following two guidelines.

Section 24 – Clause IX: Who supplies goods or services or both, through such electronic commerce operator must get GST registration

Section 24 – Clause I:  Anybody making interstate supply must have GST registration

Facts one should know for selling online:

How and what type of GST to be charged

Type of GST is to be charged on place of supply. The different type of GSTs are as given below:

 

    • CGST – Central GST
    • SGST – State GST
    • IGST – Inter-State GST
    • UTGST – Union Territory GST
The GST has to be charged based on the destination of supply. One has to first determine if the supply is an inter-state or intra-state. CGST-SCST/UTGST is applicable in an intra-state transaction and IGST is applicable in an inter-state transaction. To clarify further, if a seller sales product in his own state i.e. the address of customer is in his state only then CGST-SGST (UTGST in place of SGST if the transaction is in and from a union territory region), in the other case, if a seller sales (actually ships) his product to another state (other than his one state) then IGST has to be charged.

 

Examples are given below for better understanding:

Case 1. Seller is based in Jaipur(RJ). Customer address is in Bhilwara(RJ) – CGST-SGST is chargeable.

Case 2. Seller is based in Jaipur(RJ). Customer address is in Hyderabad(TS) – IGST is chargeable.

Case 3. Seller is based in Pondicherry(PY). Customer address is in Pondicherry(PY) – CGST-UTGST is chargeable.

What is the rate of GST? How to find the rate of GST for your product?

Rate of GST is dependent on the HSN code of a material being transacted.
 
Where the GST rates are defined?
    • India has adopted HSN for identifying tax rate of goods and
    • SAC for identifying tax rate of services
GST Rates are published against HSN Code (Harmonized System of Nomenclature). Which is a 8 Digit number. It is written as 0000 00 00
The HSN has been devised by World Customs Organization (WCO) to classify goods in a systematic manner throughout the world.
Please remember e-books are also taxable.  GST on e-book sale is to be charged at 5% (the tax was decreased from 12% in July 2018)

The mandatory details to be captured in an invoice.

    • Name and address, and GSTIN of the supplier (if registered office is different than GST registration address, then the same can be incorporated in the invoice
    • Invoice number – this has to be a serial number. Proper record has to be kept for any reversal
    • Date of invoice
    • Name and address and GSTIN of the recipient (if registered)
    • PAN of the customer – as per 2018 – 2019 budget speech, if invoice value is more than INR2.5L then capturing PAN of the buyer is mandatory.
    • HSN code – as described above
    • Quantity and Description of material being sold
    • Taxable Value (net of discount) – Actual price, discount value and the Net taxable amount can be mentioned, though showing discount is not mandatory (it is in the discretion of seller)
    • Category and Rate and GST, Amount of GST
    • Final invoice value

What happens if the wrong GST is charged to a customer?

Because of whatever reason, if a seller has charged the wrong GST on their invoice. [e.g inter-state supply has wrongly got picked as intra-state supply and CGST & SGST filled instead of IGST]. Then the seller has to pay IGST separately and claim a refund of CGST & SGST in the successive return​​

For more views on Indian GST please visit : https://www.mrinalsur.in/blog

6 thoughts on “GST for eCommerce Seller”

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