Amazon(US:AMZN) Sou Hu Cai Jing·2025-08-25 10:27Core Viewpoint - The recent requirement from the IRS for sellers using Amazon's FBA warehousing service to pay federal income tax has caused significant concern among Chinese cross-border sellers, leading to fears of double taxation and reduced profits. However, the situation requires a calm analysis to distinguish between exaggerated interpretations and actual policy changes [1]. Event Origin: Where Does the Panic Come From? - The tax anxiety stems from two types of articles circulating, but the truth is more nuanced: 1. The IRS is indeed strengthening e-commerce regulation, but there are no new rules specifically targeting FBA sellers. The IRS plans to enhance enforcement for online sellers starting in 2025, using data analysis and third-party payment processors to identify unreported income [2]. 2. Misinterpretations in the domestic market suggest that FBA sellers will be treated as having a permanent establishment in the U.S., leading to a potential tax burden exceeding 50%. However, the IRS has not issued any new guidelines specifically for cross-border e-commerce [4][5]. Understanding the Background: Why is the IRS Focusing on Cross-Border E-Commerce? - The IRS's increased scrutiny is a response to the explosive growth of e-commerce since 2020, which has exposed tax loopholes. The IRS is adapting its enforcement strategies to ensure tax compliance, with significant changes in reporting thresholds for third-party payments [6][7]. Core Questions Breakdown: Do Amazon FBA Sellers Need to Pay U.S. Income Tax? - To determine tax obligations, three concepts must be clarified: permanent establishment, effectively connected income (ECI), and the 1120-F form. 1. The use of Amazon FBA does not constitute a permanent establishment under U.S. tax law, meaning sellers do not need to pay U.S. income tax solely for using FBA services [8][10]. 2. ECI is defined as income connected to a trade or business in the U.S. Cross-border e-commerce activities qualify as USTB, and income from U.S. consumers is considered ECI [11][12]. 3. The 1120-F form is required for foreign companies with ECI, but filing does not necessarily imply a tax payment obligation. It is crucial to file to avoid penalties [13][14]. Seller Action Guide: What to Do If Tax Filings Were Missed? - Sellers who have not filed previously should submit a protective return to avoid penalties. It is advisable to file from the year they began selling on Amazon [15]. - Special considerations apply to sellers from Hong Kong, as there is no tax treaty with the U.S., necessitating compliance with U.S. tax obligations [16]. - Sellers must also remember to fulfill their tax obligations in China, as profits from U.S. orders are subject to Chinese corporate income tax [17]. Conclusion: Strengthening U.S. Tax Oversight, But No Need for Panic - The IRS's enforcement of e-commerce tax compliance is set to increase, but the core compliance logic for Amazon FBA sellers remains unchanged. Cross-border e-commerce compliance is essential for survival in the market [19].