How India Taxes E-Commerce in 2025
India uses two parallel tax codes to regulate online trade:
- Goods
and Services Tax (GST) – an indirect tax that applies to every sale or
service rendered on a digital platform.
- Direct-tax
rules – chiefly Section 194O (TDS on marketplace payouts) and the
now-withdrawn equalisation levy that once targeted foreign operators.
Understanding both is essential whether you run a
marketplace, sell on Amazon/Flipkart, or operate a D2C web-shop. Below is a
concise walkthrough of the current framework and the headline changes that took
effect this year.
1. GST Rules for E-Commerce Operators (ECOs)
Topic |
2025 position |
Key point for
sellers |
|
GST rate on
platform commission, listing fees, hosting services |
18 % standard slab |
Charged by the
platform; sellers take input-tax credit (ITC) if eligible. |
|
GST on restaurant food delivered via apps |
5 % (no ITC to restaurant) |
Platform, not
the eatery, remits the tax. |
|
GST on delivery
charges collected by the platform |
18 % when treated as a separate
service |
Bundling delivery into
product price adopts the product’s GST rate. |
|
Tax-collected-at-source (TCS) |
1 % on gross value of each sale;
deposited by ECO |
Auto-reflects
in sellers’ cash ledger; claim credit while filing GSTR-3B. |
|
Registration
threshold for online sellers |
Nil – every e-commerce
seller must obtain GSTIN, even below ₹40 lakh turnover |
Aadhaar-based e-KYC
now speeds approvals. |
|
E-invoicing |
Mandatory for
turnover ≥₹10 crore |
Violations
block ITC to buyers; integrate billing software early. |
|
2025 GST reform highlights
- Two-slab
system (5 %
essentials, 18 %
standard) replaces the earlier 5-12-18-28 matrix, easing rate lookup and
invoicing.
- Delivery
services explicitly pulled into 18 %
to end ambiguity that spawned disputes.
- Stricter
auto-matching of TCS with sellers’ returns; late reconciliation now
triggers system-generated notices.
2. Direct-Tax Provisions Affecting Online Marketplaces
2.1 Section 194O – TDS on Marketplace Payouts
Rule |
Current rate |
Scope |
TDS on gross sales
proceeds paid or credited to resident sellers |
1 % once yearly sales >₹5 lakh (PAN/Aadhaar provided) |
Operators must deduct
on gross amount, ignoring returns. |
If seller fails to furnish PAN/Aadhaar |
5 % under Section 206AA |
Ensures KYC
compliance. |
Non-resident
sellers |
Section 194O does not
apply |
Income may still be
taxable under other sections. |
The TDS auto-appears in Form 26AS, offsetting the seller’s
final income-tax liability.
2.2 Sunset of the Equalisation Levy
Parliament repealed the 6 %
“Google Tax” on
foreign digital advertising and the 2 %
marketplace levy from 1 August 2025, citing progress on OECD Pillar One
negotiations. Overseas operators supplying Indian customers no longer face this
extra cost, although they remain subject to GST if they cross ₹20 million in annual Indian turnover.
Obligation |
Frequency |
2025-26 due date |
GSTR-1 (outward
supplies) |
Monthly |
11th of next month |
GSTR-3B (summary return & payment) |
Monthly |
20th of next
month |
TCS statement
GSTR-8 |
Monthly |
10th of next month |
Payment of TCS |
Monthly |
Same as
GSTR-8 |
Quarterly return
option (QRMP) for small sellers |
Turnover ≤₹5 crore |
13th of month after
quarter |
TDS return under 194O (Form 26Q) |
Quarterly |
31 Jul / 31
Oct / 31 Jan / 31 May |
3. Compliance Timeline (FY 2025-26)Late filing of
GSTR-8 attracts a ₹100 per-day late fee (CGST+SGST), while delayed TDS returns
draw ₹200 per day plus interest at 1 %
a month.
4. Typical Tax Workflow for an Online Sale
- Buyer
pays ₹1,000 product price + ₹180 platform commission GST + ₹50 delivery
fee (+₹9 GST).
- Platform
collects total and immediately deducts:
- Commission
+ GST (18 %)
- Delivery
GST, if separate (18 %)
- TCS
@1 % on ₹1,050 sale value.
- Net
settlement to seller = ₹1,050 – commission – TCS.
- Platform
remits GST and TCS to government; uploads data in GSTR-8.
- Seller
claims ITC on commission GST and delivery GST; TCS credit offsets GST
liability.
5. Strategic Tips for 2025
- Automate
reconciliation – Use accounting tools that ingest GSTR-2B, GSTR-8, and
marketplace fees to match ITC and TCS monthly.
- Segment
delivery income – If you operate own website, break out delivery as a
separate line item; keeps principal goods in 5 % slab where possible.
- Opt
for composition? Not allowed on marketplaces after new CBIC rules; small
sellers must shift to regular scheme and manage ITC flow.
- Watch
e-invoice limits – A sudden festive-season spike can push turnover over
₹10 crore; enable API integration beforehand.
- Plan
for higher working capital – Repeal of equalisation levy may lower ad
costs, but 18 % GST on
logistics raises expenses; revisit pricing models.
Bottom line: 2025 brings simpler GST slabs but tighter
digital oversight. Marketplaces handle most front-end compliance, yet sellers
must stay vigilant on TCS credit, e-invoicing and Section 194O TDS to avoid
cash-flow shocks and penalties.
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