dc.description.abstract |
The advent of the Internet has apparently become an indispensable aspect of modern commercial
transactions. The major reason for this is that Internet brought what we call it now e-commerce.
Generally speaking, E-commerce is undertaking of business activities through the Internet, fully or
partly. However, the path of e-commerce is not all the way easy. Along with it, there are a bundle of
issues. One of such issue is the taxation of e-commerce. The thing here is that, the conventional tax
principles, laws and institutions dwell on the principle of physical locations and In other words, they
have in mind the principles of territoriality or geographical attachment. On the other hand, ecommerce
can be undertaken in a virtual space where the principles related to geography, physical
location and territoriality have no or little value. In Ethiopia, e-commerce being backed by different
government policies and strategies is growing. Sources on the area indicate that e-commerce is
growing with 31% per year with a capacity of generating huge money significant for tax.
However,
whether the legal and institutional framework related to tax really applies in the context of ecommerce
has not been evaluated. Therefore, this theme is the main thrust of this paper. Therefore,
the purpose of this thesis is to identify and examine the challenges of taxation of e-commerce in
Ethiopia. Scope wise, it only deals with income tax, VAT, and tax administration associated with the
two. As far as the methodology is concerned, the research adopts qualitative legal research methods.
To this effect, analysis of Ethiopian income tax, VAT and tax administration Laws, relevant literature
as well as comparative experiences of OECD and EU have been consulted. Moreover, with a view to
identify issues concerning to the institutional framework, primary data were collected through
interview with experts from MOFEC, MOT, ERCA, Ethio-telecom, MCIT, Bahir Dar University and
Addis Ababa University. As it stands now, the current tax system that comprises of legal and
institutional framework seem to have a pitfall concerning taxation of e-commerce. The paper has
revealed that there is no clear and comprehensive legal framework that adequately and meaningfully
addresses the issues of taxation of e-commerce. Moreover, findings of the research also unveiled that
the current tax framework in Ethiopia is not crafted taking e-commerce into account. The other
finding is that that e-commerce is growing in the country and the revenue it generates is also
significant to tax purpose thereby the taxation of e-commerce in Ethiopia is an issue to worry about.
In relation to the institutional framework, the findings of the research demonstrated that, there is
absence of readiness on the side of the tax administrator to properly administer taxation of ecommerce.
This is evidenced from the lack of awareness, lack of skilled human power and lack of
necessary technological platform to identify whether transaction undertakes and the identity of the
parties in the transaction together with the extent of the transactions. Hence, based on the above
findings, the writer recommends that the government should undertake a tax reform centering ecommerce
which includes the amendment of existing tax laws from e-commerce view point. In this
regard, the government needs to take OECD’s and EU experiences. It should also enhance the
institutional framework to tax e-commerce. The government should also formulate a tax policy on ecommerce.
It
is
also
suggested
that
the
government
need
to
put
the
necessary
technology
in
place
and
create
awareness
regarding
the
essence
and
administration
of
e-commerce.
Key Words:
Challenges, Digital Products, E-commerce, Ethiopia, Tax, Income tax, VAT, Institutional
framework, Tax Administration. |
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