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ARTICLE · 11 SEPTEMBER 2003

Defining Jurisdictions in E-commerce Taxations:

IndiaTax
Parikshit Dasgupta
Parikshit Dasgupta

INDEX

I. Introduction

  1. Electronic commerce - a definition
  2. The characteristics of e-commerce
  3. The concept of Permanent Establishment
  4. Policy considerations - the rational behind the PE principle

II. The Challenge of E-commerce

  1. Absence of Intermediaries
    1. Removal of Physical Intermediaries and consolidation
    2. Removal of Human Intermediaries
    3. Re-intermediation and the ‘cyber-mediator’
  2. Web Sites and Servers
  3. Typical e-commerce models
  4. The inapplicability of traditional PE-based taxation

III.The OECD’s Reaction

1) The 1998 OECD Ministerial Conference of Ottawa

  1. OECD confirmed leading role in taxation and e-commerce
  2. The application of existing tax rules to e-commerce

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