Online shop Licensing era is coming

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Beijing takes the lead in implementing shop license

July 2, 2008 afternoon, the Beijing Municipal Bureau of Industry and Commerce in the country first introduced the provisions of shop registration, according to the "on the implementation of the Beijing Information Promotion regulations" to strengthen the supervision and management of electronic commerce, from this August 1, the Beijing area shop operators must first register business license before buying and selling, Otherwise it will be investigated by the business sector. This view clearly stipulates that the use of the Internet to engage in e-commerce business activities of the main body, should be registered in accordance with the law, after the business license can be carried out.

Three situations require no license

According to the opinion, electronic merchants with the following 3 types of situation may not register:

One is the sale on the internet, replacement of personal belongings, and not for the purpose of profit individuals;

Second, registered enterprises and individual businesses, their e-commerce business scope and the original business scope of the same;

Third, has been in accordance with the "Internet Information Services management measures" to obtain the government regulatory Authority issued by the Internet Information Services business license or complete the site record, and received the business license of e-commerce operators.

To handle changes beyond the scope of the original business

At the same time, the views pointed out that the business license of the enterprise or self-employed open shop, such as beyond the original registered business scope, but also to handle the relevant change registration. Comments also on the shop operators gave a 5-month "buffer period", shopkeepers should be at the latest by the end of this year in their business website, online store or promotional page below the homepage, the establishment of "E-commerce Operator Information Publicity" link, public enterprises or the full name of the self-employed, registration number, registered capital, business scope, IP address, Contact information such as the person in charge.

Views of the parties

Public: To protect the quality of goods

Mr. Chung works for a company in Guangzhou Tianhe District and often buys things online. This March, he ordered a series of short-sleeved shirts from the internet, which are good, the pictures look beautiful, and they are very well introduced. Who knows to buy a wash on the fade deformation, and online introduction of the completely different, but there is no complaints, he had to consider themselves unlucky.

"If the shop has a business license, it is the same as the regular stores, we can find their detailed address and contact information, even if the product has problems, we can find the store returned products, if there is a dispute, but also through the business sector or consumer association rights, after the online shopping can be relieved," Mr. Zhong said. "

Shop owner: Trouble and pay taxes

White Collar Miss Zhang part-time on the internet to sell clothes, she heard Beijing's regulations behind the show dissatisfaction. She said that if you open an online shop and apply for business license, but also business registration, tax registration, online shop also lost the easy way to operate, easy operation characteristics.

Miss Zhang told reporters that the shop relies on the low price, run a business license, then the attendant is to tax. "If you really have a license, tax or something, online goods are definitely going to rise, what is the attraction of online shopping?" Shop and entity Shop price is similar, you still willing to carry a certain risk to buy goods online? Simply put the Chinese e-commerce this piece to cancel. ”

Lawyer: Online shop registration, tax will be the general trend

2007 China's online shopping market total turnover of more than 50 billion yuan, an increase of 90% than in 2006. The use of Internet shopping users reached about 55 million people, the average per capita consumption of more than 1000 yuan online.

The legal profession believes that the shop and the entity shop in the nature does not differ, all should undertake the tax duty. As Beijing's new rules may lead to copycat parts of the country, shop owners are prepared.

Shop and physical stores should be regulated

Guangdong Xin One China law firm Tang Hong Lawyers believe that as long as the business has the obligation to pay taxes, but because the shop is a new business, the operating model is more special, so there is a vacuum zone. But legally speaking, the online shop, as long as the long-term sale of profit-seeking goods, with the nature of business, it is necessary to do business license.

Xiaoxionghui, a lawyer at Guangdong Shun Wah law firm, believes that there is no difference between online sales and shop sales, which are, in nature, profit-oriented market operations. Since the shop is the main market, we should abide by market supervision.

Shaw lawyers believe that Beijing as the first crab-eating area, in this regard opened a head, the next step, it is likely to be replicated everywhere, but the best way is by the state to develop a unified network sales market access, trading rules and consumer rights and interests protection and other relevant provisions.

Shop to be prepared to pay taxes

Guangdong legal Sheng Law firm Ningyuan Lawyers believe that E-commerce as a business behavior, still subject to the tax law. However, in the past, since there was no requirement for industrial and commercial registration and there was no legal certainty as to the nature of its operators, tax collection could not be operated.

But after Beijing introduced this Regulation, if the rest of the country to follow, then as a business registration of operators, it is their duty to pay taxes according to law. "Shop owners should be prepared," says Ning's lawyer.

Different local policy owners can choose to register

According to Shaw's lawyers, only Beijing's rules could not achieve regulatory results.

Because of the general registration of commercial operations as a regulatory standard, shop owners can choose the region to evade regulation. For example, Taobao registered in Hangzhou, Beijing's shopkeepers can be registered in the Web site to escape the Beijing Industry and Commerce Department supervision.

Therefore, he proposed the national Unification rule, otherwise merely is the local stipulation, then the stipulation also likely becomes "the dead".

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Comments: Online shop licensing should try to tax exemption first