E-commerce operators must deduct 1% TDS on the gross amount of sales or services or both when crediting the amount of sale of goods, services, or both to an e-commerce participant’s account or making payment to an e-Commerce participant by any other mode, whichever is earlier.
Let us illustrate this with an example. If there are INR 30 lacs in sales and INR 5 lacs in sales returns, TDS should be deducted at 1% on the INR 30 lacs and not on the INR 25 lacs.
- Participant in e-commerce who is a resident individual or HUF
The e-commerce operator is not needed to deduct TDS if the gross amount of sales of products, services, or both during the previous year did not exceed INR 5 lakh and the participant has provided his PAN or Aadhaar. If an e-Commerce participant fails to provide his Permanent Account Number (PAN) or Aadhaar, TDS (Tax Deducted at Source) at the rate of 5% is required under Section 206AA.
- If an e-commerce participant is a Non-resident Indian
As previously stated, e-Commerce participants must be Indian citizens. As a result, no TDS will be deducted if the participant is a non-resident. For example, a proprietary company ABC (an e-commerce participant) sells its products on Amazon (an e-commerce operator). On December 1, 2022, Mr X purchases this product online from VBC for INR 50,000.
Amazon credits ABC’s account on December 1, 2022, but the customer pays ABC directly on December 15, 2022. Amazon is required to deduct TDS at 1% on INR 50,000 when crediting the party or making payment, whichever comes first. TDS should be deducted in this case on December 1, 2022.