Why e-commerce tax loopholes hurt — Hal Lai Keong and Ong Tze Chin

E-Commerce Taxation News

Why e-commerce tax loopholes hurt — Hal Lai Keong and Ong Tze Chin
Malaysia Sales TaxUNCTAD E-Commerce GenevaDigital Marketplaces Regulation

MAY 21 — The real issue in e-commerce taxation is visibility. A single online purchase is a complex web: an overseas seller, a remote platform, a foreign payment gateway, and a...

! Plus, enjoy an additional FREE RM10 when you sign up using code VERSAMM10 with a min. cash-in of RM100 today. T&Cs apply. MAY 21 — The real issue in e-commerce taxation is visibility.

A single online purchase is a complex web: an overseas seller, a remote platform, a foreign payment gateway, and a cross-border courier. By the time Malaysian Customs finally sees the physical parcel, the sale, payment, and delivery are already complete. This makes tracking the transaction nearly impossible. This is why the UNCTAD Intergovernmental Group of Experts on E-commerce and the Digital Economy meeting in Geneva this week is so critical.

Focused on helping developing countries protect their tax revenues, the session highlights a hard truth: e-commerce taxation is not just about demanding more money. It is about whether developing countries possess the data, tools, and institutions needed to police the digital economy fairly. Malaysia is already fighting back. On January 1, 2024, the government introduced a 10 per cent sales tax on imported Low-Value Goods under RM500.

The framework avoids wasting resources on occasional sellers by establishing an annual sales threshold of RM500,000 for mandatory platform registration. This design effectively segments the market: the RM500 price cap isolates high-volume parcel trade, while the RM500,000 threshold ensures compliance focus remains on scalable platforms.

However, while capturing low-value imports on paper is a critical milestone, the ultimate measure of success lies in implementation. Traditional trade channels are highly visible, as goods often move through retailers, importers, distributors or wholesalers.

In contrast, e-commerce transactions are deeply fragmented. An overseas seller might list a product on a remote platform, process payments through a foreign gateway, and ship items via international couriers.

Consequently, border customs only see the physical parcel upon arrival. No single entity possesses visibility over the entire transaction. This data fragmentation paralyses tax collection and creates severe revenue leakage. Fair taxation requires seamlessly connecting disparate pieces of data.

Tax authorities require sales data, customs require product details, platforms hold buyer-seller data, and couriers track delivery locations. To bridge these gaps, Malaysia must build robust digital institutional capacity. This requires upgrading customs systems, streamlining tax registration, deploying digital filing, and removing communication silos between agencies. If imported goods escape effective tax collection while domestic businesses remain fully visible to the tax system, it creates an uneven playing field.

— freestockpro/Pexels pic Tax treatment of domestic and foreign sellers should be neutral. A local retailer that pays tax, keeps records and complies with domestic rules should not be placed at a disadvantage against an overseas seller whose transactions are harder to detect or tax, particularly for informal e-commerce across social media platforms, foreign communication apps, foreign e-commerce platforms or video sharing platforms.

The intention is not to protect domestic businesses from foreign competition, but to ensure that competition takes place on comparable tax terms. If imported goods escape effective tax collection while domestic businesses remain fully visible to the tax system, it creates an uneven playing field. Digital marketplaces wield immense operational control over product listings, payments, and logistics. It is highly practical for tax laws to mandate their assistance in collection and data reporting.

However, regulatory design requires careful calibration. Overly lenient rules perpetuate tax evasion, while excessively harsh rules inflate compliance costs. This burden ultimately hurts consumers and prevents small businesses from participating in digital trade if compliance becomes too complicated.

Malaysia does not currently operate a VAT/GST system, but the same policy question arises under the sales tax on low-value goods: how can the country collect consumption tax fairly when the sale is made online, the seller may be overseas, and the parcel enters through customs channels? VAT/GST may be one of the strongest tools for taxing consumption, but in e-commerce, its success depends on the strength of the institutions behind it. Malaysia should also make compliance simple.

Foreign sellers and online marketplaces should know when they must register, how to charge tax, how to file returns and how to avoid double taxation. A confusing system will not improve compliance. It will only create uncertainty. The wider lesson from the UNCTAD discussion is that developing countries need more than tax laws.

They need digital-ready institutions. E-commerce taxation depends on data, coordination and administrative capacity. A country cannot collect efficiently from digital trade if its institutions still operate in separate silos. As such, Malaysia’s e-commerce tax debate should be beyond whether e-commerce and digital trade should be taxed.

Instead, whether the institutions are ready for e-commerce and digital trade. Well-written rules may remain vulnerable in practice without coordination between the tax authority, customs, platforms and other intermediaries within the e-commerce ecosystem to ensure that the tax is collected fairly, protecting neutrality, and ensuring that digital trade grows on a level playing field.

* Hal Lai Keong is a PhD candidate and Dr. Ong Tze Chin is a Senior Lecturer at the Faculty of Law, Universiti Malaya, and can be reached at ** This is the personal opinion of the writer or publication and does not necessarily represent the views of

We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here. Read more:

malaymail /  🏆 1. in MY

Malaysia Sales Tax UNCTAD E-Commerce Geneva Digital Marketplaces Regulation Malaysia Customs Upgrade Low-Value Goods LVG Tax

 

United States Latest News, United States Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Why medicine security is the new sovereignty — Ahmad IbrahimWhy medicine security is the new sovereignty — Ahmad IbrahimMAY 19 — Governments have built vast bureaucracies and spent trillions of dollars ensuring that a disruption to energy supplies doesn’t plunge their populations into darkness,...
Read more »

Why Some Mothers Struggle To Produce Enough Breast Milk - Dr Nisa KhalilWhy Some Mothers Struggle To Produce Enough Breast Milk - Dr Nisa KhalilDr Nisa Khalil, a pediatrician, discusses the physiological condition called Insufficient Glandular Tissue (IGT) which can prevent enough milk production in some mothers. She emphasizes the need for self-compassion and understanding that effort alone is not always enough.
Read more »

Lai Ching-te: Foreign forces cannot decide Taiwan's futureLai Ching-te: Foreign forces cannot decide Taiwan's futurePresident Lai Ching-te delivered an address on the second anniversary of his taking office, asserting that foreign forces cannot decide the future of Taiwan, a democratic island heavily reliant on US security backing to deter a potential Chinese attack. The remarks came after US President Donald Trump suggested arms sales to Taiwan as a bargaining chip with China.
Read more »

Tang Jie-Ee Wei mara ke pusingan kedua Malaysia MastersTang Jie-Ee Wei mara ke pusingan kedua Malaysia MastersBeregu campuran No. 4 dunia, Chen Tang Jie-Toh Ee Wei mudah mara ke pusingan kedua selepas membenam wakil Kanada, Jonathan Lai-Crystal Lai.
Read more »



Render Time: 2026-05-21 07:42:08