International experience of e-commerce taxation and its application in Ukraine (legal aspect)
DOI:
https://doi.org/10.34625/issn.2183-2705(34)2023.ic-05Keywords:
e-commerce, information and telecommunications system, individual entrepreneur, tax, goods and services.Abstract
The relevance of this paper is determined by the fact that e-commerce is one of the elements of the digital market and is fully or partially conducted in the virtual space (the Internet), and the speed of payments has become an important requirement of modernity. The development of information and communication systems in world commerce creates new opportunities for participants in relations in this area and requires the state to create an effective mechanism for taxation of the results of their activities. The main objective of this paper is to cover the content of e-commerce, study the experience of its taxation in leading countries of the world with the possibility of adapting it in Ukraine, as well as provide proposals for improving the e-commerce taxation system in Ukraine. The following methods used to study this subject can be distinguished: dialectical method, legal cognitive method, comparative legal method, formal legal method, historical method, hermeneutical method, structural and functional method, etc. In the course of the study, the content of e-commerce was considered, the international legal and national regulatory framework for its regulation was determined, the international experience of implementing e-commerce was studied, and attention was focused on the features of taxation of e-commerce entities, the main areas and strategies for the development of e-commerce in Ukraine were analysed, and ways to improve it were proposed. The provisions that are enshrined in this paper are of practical value primarily for legal entities and individual entrepreneurs who carry out their activities in the field of e-commerce, for competent state bodies that will prepare draft amendments and additions to tax legislation and legislation that will regulate this field of activity, as well as for persons who plan to engage in this activity.
References
BAIKIN, A., SHALBOLOVA, U., KAZBEKOVA, L. 2017. Regional diversification of entrepreneurial activity in the Republic of Kazakhstan. Espacios, vol. 38, n. 46, article number 35.
BAUGH, B., BEN-DAVID, I., PARK, H. 2018. Can taxes shape an industry? Evidence from the implementation of the “Amazon tax”. NBER Working Paper 20052. Available from: <http://www.nber.org/papers/w20052>.
Better Regulation Delivery Office. 2021. Available from: <https://en.brdo.com.ua/>.
BOIKO, N. 2023. Modern strategy and tactics development algorithm of internet marketing on the B2B market. Economics of Development, vol. 22, n. 1, pp. 50-58. https://doi.org/10.57111/econ/1.2023.50
BOREYKO, N.M., PARANITSA, N.V. 2020. Areas of support for business entities in the field of e-commerce in the economic crisis caused by the COVID-19 pandemic. Counteraction to Minimization Tax Payments: World Experience and Practice of Ukraine, vol. 3, pp. 149-151.
CHEN, C. 2016. Taxation of digital goods and services. Available from: <https://annualsurveyofamericanlaw.org/wp-content/uploads/2016/02/70-4_chen.pdf>.
CORKERY, J., FORDER, J., SVANTESSON, D., MERCURI, E. 2013. Taxes, the Internet and the digital economy. Revenue Law Journal, vol. 23, n. 1, article number 7.
E-Commerce Be: Roundtable Results. 2021. Available from: https://eba.com.ua/elektronnij-komertsiyi-buty-rezultaty-kruglogo-stolu/.
Electronic commerce. 2018. Available from: <https://cutt.ly/FWrDHRu>.
Euromonitor International. 2021. Available from: <https://www.euromonitor.com/>.
European Commission. 2023. Standing with Ukraine: How customs and tax policy contributes to the EU response. Available from:< https://taxation-customs.ec.europa.eu/news/standing-ukraine-how-customs-and-tax-policy-contributes-eu-response-2023-02-22_en
Global-e. 2021. Available from: <https://www.global-e.com/about/>.
Implications of e-commerce for competition policy – background note. 2018. Available from: <https://one.oecd.org/document/DAF/COMP(2018)3/en/pdf>.
International Business Machines Corporation. 2021. Available from: <https://www.ibm.com/ua-en>.
JONES, L. 2022. How has the war impacted e-commerce in Russia and Ukraine? Available from:< https://gripsintelligence.com/articles/how-has-the-war-impacted-e-commerce-in-russia-and-ukraine
KHODAKIVSKA, O., KOBETS, S., BACHKIR, I., MARTYNOVA, L., KLOCHAN, V., KLOCHAN, I., HNATENKO, I. 2022. Sustainable development of regions: Modeling the management of economic security of innovative entrepreneurship. International Journal of Advanced and Applied Sciences, vol. 9, n. 3, pp. 31-38. https://doi.org/10.21833/IJAAS.2022.03.004
KISIL, R. 2020. The second wave of COVID-19: What about e-commerce and logistics in Ukraine and the world. Available from: <https://rau.ua/dosvid/yak-drugyj-lokdaun-e-komertsiyu/>.
LEONOW, A.I., KONIAGINA, M.N., PETROVA, S.V., GRUNT, E.V., KERIMKHULLE, S.Y., SHUBAEVA, V.G. 2019. Application of information technologies in marketing: Experience of developing countries. Espacios, vol. 40, n. 38. http://www.revistaespacios.com/a19v40n38/a19v40n38p24.pdf
LOMAS, N. 2017. France, Germany, Spain, Italy call for turnover tax for tech giants. Available from: <https://techcrunch.com/2017/09/11/france-germany-spain-italy-call-for-turnover-tax-for-tech-giants/>.
MYSKIV, G., NYCZ-WOJTAN, S. 2022. Reservation systems as a tool of tourist services marketing. Economics, Entrepreneurship, Management, vol. 9, n. 2, pp. 7-18. https://doi.org/10.56318/eem2022.02.007
Organisation for Economic Co-operation and Development. 2021. Available from: <https://www.oecd.org/>.
PETERSONE, M., KETNERS, K. 2017. Improvement of customs and tax administration ict system performance. Research for Rural Development, vol. 2, pp. 263-269.
PETERSONE, M., KRASTINS, A.V., KETNERS, K. 2016. In-service training system organization improvement at customs administrations. Eurasian Studies in Business and Economics, pp. 201-216. https://doi.org/10.1007/978-3-319-27570-3_17
QUILL CORP. V. NORTH DAKOTA. 1992. Available from: <https://supreme.justia.com/cases/federal/us/504/298/>.
REDICH, E. 2020. The e-commerce market: what it was in 2019 and what it will be in 2020. Available from: <https://cutt.ly/4WrkVrJ>.
Retail e-commerce sale worldwide from 2014 to 2024. 2021. Available from: <https://www.statista.com/statistics/379046/worldwide-retail-e-commerce-sales/>.
SALO, I., POPOVA, O., KOTSYUBYNSKA, L. 2023. Capacity and saturation of the food market in Ukraine. Ekonomika APK, vol. 30, n. 1, pp. 10-19. https://doi.org/10.32317/2221-1055.202301010
SHAHINI, E., KORZHENIVSKA, N., HAIBURA, Y., NISKHODOVSKA, O., BALLA, I. 2023. Ukrainian agricultural production profitability issues. Scientific Horizons, vol. 26, n. 5, pp. 123-136. https://doi.org/10.48077/scihor5.2023.123
SHVYDENKO, A. 2020. Taxation of e-services: A review of world practice. Available from: <https://cutt.ly/XWrxzVS>.
SOLODAN, K.V. 2018. Legal regulation of e-commerce taxation in the USA and European countries: A comparative legal study. Law and Society, vol. 2, n. 3, pp. 133-138.
SOLODAN, K.V. 2020. Legal regulation of e-commerce taxation in the United States: An analysis of key precedents. Prykarpattya Legal Bulletin, vol. 3, n. 32, pp. 59-64.
TASTULEKOVA, A.B., SATOVA, R.K., SHALBOLOVA, U.ZH. 2018. Business valuation and equity management when entering the IPO market. European Research Studies Journal, vol. 21, n. 4, pp. 75-886.
The Digital Europe Programme. 2023. Available from:< https://digital-strategy.ec.europa.eu/en/activities/digital-programme
TOVKUN, L.V., FEDOROVSKAYA, M.A. 2020. Current issues of legal regulation of electronic commerce in Ukraine. Legal Scientific Electronic Journal, vol. 9, pp. 282-286.
What is BEPS. 2013. Available from: <https://www.oecd.org/tax/beps/about/>.
Worldwide Tax Summaries. 2023. Ukraine. Available from:< https://taxsummaries.pwc.com/ukraine/corporate/other-taxes
ZATONATSKA, T., FARENIUK, Y., ZATONATSKIY, D., DLUHOPOLSKA, T., POLTORATSKA, A. 2022. The Influence of Migration Processes Caused by the RussianUkrainian War on the Development of E-Commerce in Ukraine. Available from:< https://ceur-ws.org/Vol-3384/Short_6.pdf
ZATONATSKA, T., MELNYCHUK, O. 2016. Features of taxation of e-commerce market entities. Bulletin of Taras Shevchenko National University of Kyiv, vol. 9, n. 186, pp. 16-22.
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