Introduction: 2018 into the Expo to formulate a new policy on purchasing agents, the purchasing industry will be a major earthquake?
On Nov. 5, China International Import Expo was held in Shanghai. The meeting studied and refined cross-border retail import-related policies, as well as a number of post-transitional regulatory options.
A lot of people have a shock in their hearts, and they're done. The e-business method is coming?!
But today! Double eleven! The people buy, everybody saves a good day, bring everybody also must be good news!
According to the Sina Finance and Economics report, the Ministry of Commerce said that next year, cross-border e-commerce retail imports will continue to be temporarily regulated by personal effects!
In other words, the new law, which was originally scheduled to be implemented in January, will be delayed. It was a relief.
When is the E-commerce law extended?
< The Australian > said in its Chinese version that the new e-commerce rite has a certain impact on purchasing agents:
There are a lot of opinions at once! Everyone is on the sidelines of the next situation.
Now, suddenly there is a turning point-on November 7, at the first China International Import Expo "e-commerce import to promote consumption upgrading" press conference, the relevant responsible person Qian Fangli said that the development of cross-border e-commerce is highly valued.
At present, the Ministry of Commerce is working with relevant departments to improve cross-border retail import-related policies, as well as a number of post-transitional regulatory programmes.
"We will adhere to the principle of encouraging innovation, inclusiveness and prudence," Qian said. "We will optimize the regulatory measures and ensure the overall stability of the regulatory arrangements in line with the overall approach of 'monitoring personal effects for the time being."
The promulgation of the Cross-Border e-business Law from 2016 to the end of 2017 and to the end of 2018 is a twists and turns:
In April 2016, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation jointly issued the Circular on the tax Policy on Cross-Border e-business Retail Import, requiring cross-border e-commerce retail imports to no longer impose a "goods" stamp tax. But according to the "goods" customs duties, value-added tax, consumption tax, etc., the rate of stamp tax has also been adjusted at the same time.
In May of the same year, the General Administration of Customs issued a clear notice that during the one-year transition period from now until May 11, 2017, 10 pilot cities continued to monitor and control in accordance with the pre-implementation regulatory requirements of the new tax policy. The transitional policy was further extended until the end of 2017 and again until the end of 2018.
Now, the new law, which was due to come into effect in January, will be delayed again. However, how long the delay will last has not been made clear, and is now only certain that it will enter next year.
Luo Ying, director of a committee, said the cross-border e-commerce import industry would continue to monitor personal belongings for the time being next year, and it could be expected that the industry would have a more stable, healthy and open policy next year. I believe that cross-border e-commerce importers will take advantage of a more open policy to bring more new brands and new goods to the Expo next year.
What is the regulation of personal effects?
So, for a long time, what exactly is the regulation of personal effects?
According to the current regulation, the relevant departments only perform the necessary quarantine for imported personal effects, and other quality and safety risks of commodities are borne by consumers; if the supervision is based on the supervision of goods, the regulatory procedures and requirements are completely different.
At the same time, the conditions for satisfying personal belongings are:
1. The addressee must be a natural person, not a company, unit, organization, etc.
2. Clothing, shoes, mother and infant supplies, health care products, milk powder and other recipients of self-use, can be personal effects into the country.
Not if the package contains profitable or other non-self-used objects.
For example, ivory, controlled knives and items of collectible value are not personal effects and are subject to customs declaration and taxes.
Personal belongings still have to be taxed.
At present, China Customs has mature tax regulations on personal belongings, which will judge whether the parties have the conditions to pay taxes according to the personal carrying capacity and the value of the articles.
In fact, the personal effects Supervision Act, a temporary replacement of the Electronic Commerce Act, has become the only bill in force in 19 years. Even so, but friends and friends when they go home to bring gifts to relatives and friends must be able to do so!
Although next year carries out the personal belongings supervision scheme temporarily, but the electronic commerce law will one day begin to implement!
Review of the Electronic Commerce Law
The details of the e-business Act are as follows:
If you are an Australian purchasing agent and you are going to open a business on an e-commerce platform such as a treasure / an east / so-and-so book / store / other e-commerce platforms, then first of all:
You need to register with the Industry and Commerce Bureau and have a business license, such as: registered limited liability companies, partnerships, individual industrial and commercial households, etc.
If the registered seller does not have administrative license / sales qualifications, the platform will have the right to submit to the relevant management for punishment.
Secondly, if the seller / purchasing agent sells a special type of commodity, he or she also needs to obtain the administrative license qualification of the corresponding administrative department, such as:
1, the sale of food, it is necessary to handle the relevant food circulation license;
2, no Chinese label, not passed the State Commission for Certification of factory production, formula registration without registration of infant formula milk powder may not be sold on the network platform, and so on;
That is to say, as a treasure seller, if you do not have the relevant departments of the license certificate, the product has not passed the national certification, then Australia's baby milk powder, health products you can not sell at will!
In terms of express delivery:
Seller free delivery / designated express delivery may have to bear the transportation risk, buyers choose to take the express delivery risk by the buyer.
At the same time, the e-business law also makes a series of regulations on the e-commerce platform:
If the platform knows or should know that the goods sold and the services provided by the operators of the platform do not meet the requirements of personal safety and have not taken the necessary measures, the operators of peace station will be held jointly and severally liable.
If the e-commerce platform does not fulfill the qualification obligation of the operator in the platform, it shall bear joint liability with the operator of the platform.
If there is a human life or disability accident, but the platform has a duty to protect consumers, the platform will only assume supplementary, secondary responsibility.
In conclusion, the e-business Law has a greater impact on registered sellers on all major e-commerce platforms, and it is necessary to go through the formalities of registration, declaration, registration, administrative license and so on of various types of industry and commerce / tax in accordance with the provisions of this Law. If there is a violation of the regulations, they will be subject to corresponding administrative penalties and even assume criminal responsibility.
However, for purchasing agents through social software / private help, they will have to be defined and regulated after the corresponding judicial explanations and rules are issued next year.
Tax!
It is worth noting that: this article behind the law not only guarantees the rights and interests of consumers, but also has a purpose is to let operators pay taxes! Tax! Tax!
Finish the registration of the main body of industry and commerce, which means you have to pay the tax!
Sales of goods or services issued in accordance with the law paper invoices or electronic invoices, which means you have to pay taxes!
Improve customs, tax, entry and exit inspection and quarantine systems, support cross-border e-business platform operators to provide cross-border e-business warehousing, logistics, customs declaration, inspection and other services, also means you have to pay taxes!
Where your products from home and abroad, it means you have to pay taxes!
Sellers who violate the corresponding provisions of this Law are liable to a maximum penalty of five hundred thousand yuan but subject to criminal liability and higher fines as a result of tax evasion / evasion.
The maximum penalty for violating the provisions of this Law is 2 million yuan, with criminal liability and higher fines for tax evasion / evasion.-this is a fine based on the amount of tax evasion, so the situation is different for everyone.
Therefore, it is suggested that special tax planning should be done to avoid causing unnecessary trouble to the operators of each major e-commerce platform after registration of legal person organizations.
Although, occasionally there will be "blood wash" purchasing agent news appeared, but the good news on November 5 really gave everyone a strong heart needle!
On September 28, 2018, the purchasing agents were "bloodwashed" in Shanghai Customs.
On this day, hundreds of purchasing agents were inspected at the airport, ranging from cosmetics lotions to luxury clothing watches. The penalties ranged from tens of thousands to millions.
Even the most serious Taobao shopkeeper was sentenced to 10 years in prison and a fine of 5.5 million yuan on suspicion of smuggling.
And everyone has also said that after 2018, there will be no purchasing agents.
epilogue
Still remember, at that time, the purchasing circle had to howl, everyone felt that purchasing agents "will be cold."
Now, the Ministry of Commerce has sent a positive signal to cross-border e-commerce, the major cross-border e-commerce platforms, overseas purchasing agents are also relieved, of course, can not be completely relaxed.
When the E-commerce law is perfect, the new era of purchasing agents is about to begin. Let's see!