Equalisation Levy (Digital Tax)

India has been one of the fore-runners in adopting many BEPS action plans and the digital taxation was no exception. In year 2016, India introduced 6% equalisation levy ( let us consider this as version 1.0) on digital specified services received by a non-resident not having a Permanent Establishment (PE) in India.

In year 2020, India has introduced a version 2.0 of the equalisation levy, which extends the scope of such levy to non-resident e-commerce operators providing an e-commerce supply or a service [companies that are not covered by the Equalisation levy 1.0 and whose turnover is more than INR 20 million (USD 260,000)].

Further, amendment was brought in the year 2021 with Union Budget 2021 (with retrospective effect) where the applicability of levy and the definition of e-commerce supply have been further clarified/ expanded, giving it an avatar of Equalisation levy 2.1.

We at TransPrice help non-residents doing business with Indian business houses or customers in analyzing & testing their business models for applicability of Equalisation Levy (Digital Tax) and if applicable, post application quarterly and annual compliances and if not applicable, documenting the same.