Taxation On Digital Economy

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LAW AND TECHNOLOGY

PAPER TITLE:

TAXATION ON DIGITAL ECONOMY

AUTHOR DETAILS:

NAME: CHANDRIKA B

DESIGNATION: POST GRADUATE STUDENT

INSTITUTION: THE TAMIL NADU Dr. AMBEDKAR LAW UNIVERSITY

SCHOOL OF EXCELLENCE IN LAW, CHENNAI

ADDRESS: T10, SAI KRUBA, THARAMANI LINK ROAD, VELACHERY, CHENNAI,


TAMILNADU 600042

EMAIL ID: [email protected]

CONTACT DETAILS: 7708639590


Abstract:
The concepts of taxation, essentially important to any governmental structure, have been
modified over time to accommodate the rapid changes in the economic system. Digitalization
has brought dramatic changes in the way businesses operate. The term "digital service tax"
(DST) refers to a tax collected on revenue generated by providing digital services that is not
defined in any domestic law or international treaty. It is levied by the source country on
revenue generated in such countries by global technology companies. It has created new
opportunities to reshape the existing business models through the use of technology, allowing
businesses to develop a virtual presence on a global platform. Corporate giants such as
Google, Apple, Facebook and Amazon (referred as GAFA) operate on a global scale without
requiring significant physical resources. Their operations are actually driven by intangibles,
data, users, user created content, sophisticated algorithms and data analytics. For example,
consumers no longer need to buy a DVD to watch a movie; they can digitally rent/buy the
movie using digital services. The exponential growth in digital commerce has challenged the
current international tax framework, which is primarily based on the concept of a fixed place
of business. These tax laws have become unsuitable and inadequate for the dynamic business
models of the digital era. As a result, digital businesses, particularly multinational digital
enterprises, have been able to take advantage of tax laws and policies that were written for
an industrial age and are no longer appropriate for today's digital economy. The search for
a global solution has resulted in divergence in approaches adopted by countries.
This paper delineates on international taxation, a model of taxation of digital transactions
can help to ensure a more just and equitable world order and also addresses a huge problem
related to the taxation of the digital economy that is the double taxation of various digital
businesses being taxed in multiple jurisdictions, resulting in a violation of double taxation
avoidance agreement (DTAA) treaties.
Key words: Digital, Taxation, Global, DTAA, Services

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