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[ARTICLE] SL being taxed?

nimrod Yaffle
Cavemen are people too...
Join date: 15 Nov 2004
Posts: 3,146
03-29-2006 09:22
From: Ricky Zamboni
If Chip makes a texture in photoshop, does it have value? I'm sure it does. If you spend time and effort to build a house, does that have value? I'm sure you would argue it does (otherwise, why don't you give them away to all and make them full perms while you're at it?). So, if you trade a house for one of Chip's textures, that's a taxable transaction. Intermediating it through the use of a local currency doesn't magically absolve that transaction from being taxable.

One man's trash is another man's treasure. That might be our treasure, but their trash.
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Lordfly Digeridoo
Prim Orchestrator
Join date: 21 Jul 2003
Posts: 3,628
03-29-2006 09:22
From: Ricky Zamboni
If people are creating value and transfering it between themselves then, yes, the IRS could (and, arguably *should*) be tracking every in-game transaction. Or, at the very least, the company running the virtual world should, upon demand, be able to provide to a regulator an accounting of mediated transactions.

Anyway, you agree that LL is running a community with a local currency. That phenomenon is not unheard of. Ithaca HOURS, and several others exist, are well-regulated, and considered taxable transactions by the IRS.

In fact, *any* trade for something of value, whether intermediated by a "currency" or not is considered taxable by the IRS. If Chip makes a texture in photoshop, does it have value? I'm sure it does. If you spend time and effort to build a house, does that have value? I'm sure you would argue it does (otherwise, why don't you give them away to all and make them full perms while you're at it?). So, if you trade a house for one of Chip's textures, that's a taxable transaction. Intermediating it through the use of a local currency doesn't magically absolve that transaction from being taxable.

Now, for most people the in-game transactions will have sufficiently small USD (or EUR, GBP, whatever) value to be considered inconsequential. A few, however, will be generating income in the range where it would be interesting to the taxman, regardless of whether it is converted into USD or not.

If you think that's not likely to happen, you're fooling yourself.


So can I report you for playing WoW and not paying taxes on your gold Foozle of Combat? Can I turn you in because you didn't document every use of a store's coupons?

Tell me, Mr. Zamboni, exactly how many dungeon rats did you kill in Guild Wars? The auditors would like to know :)

You are pushing for overzealous enforcement of federal tax codes on something that should be considered an entertainment medium. I find it absurd, if you want to know the truth.

The amount of paperwork alone on attempting to track and tax the currency in EVE Online would boggle the mind.
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Eboni Khan
Misanthrope
Join date: 17 Mar 2004
Posts: 2,133
03-29-2006 09:23
From: Ricky Zamboni
Now, for most people the in-game transactions will have sufficiently small USD (or EUR, GBP, whatever) value to be considered inconsequential. A few, however, will be generating income in the range where it would be interesting to the taxman, regardless of whether it is converted into USD or not.

If you think that's not likely to happen, you're fooling yourself.



I have to agree with Ricky on this. The taxman is coming to the internet, sooner rather than later. The tax base is far too large to let it continue to go untaxed. Currently in the US tax slushfunds like Cigarette taxes are drying up, then need a replacement, internet might be a nice place to turn.


A friend of mine that I grew up with has a father who is an IRS investigator. He used to read through the paper to find new people to investigate. I am sure the IRS is paying attention to SL. LL since they are facilitating currency exchanges may at some point have to issue 1099s to peple cashing out. Currently everything is on the honor system, but this isn't some cash business, there is a prefect paper trail, someone is going to follow it.
Starax Statosky
Unregistered User
Join date: 23 Dec 2003
Posts: 1,099
03-29-2006 09:29
From: Eboni Khan
I have to agree with Ricky on this. The taxman is coming to the internet, sooner rather than later. The tax base is far too large to let it continue to go untaxed. Currently in the US tax slushfunds like Cigarette taxes are drying up, then need a replacement, internet might be a nice place to turn.


A friend of mine that I grew up with has a father who is an IRS investigator. He used to read through the paper to find new people to investigate. I am sure the IRS is paying attention to SL. LL since they are facilitating currency exchanges may at some point have to issue 1099s to peple cashing out. Currently everything is on the honor system, but this isn't some cash business, there is a prefect paper trail, someone is going to follow it.


It isn't going untaxed. It gets taxed when it's converted to US$.

The taxman is the man. He could pass a law to tax my underpants if he wanted to. But it's very unlikely. So lets just stick to probablities please. :)
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
03-29-2006 10:11
From: Starax Statosky
It isn't going untaxed. It gets taxed when it's converted to US$.

The taxman is the man. He could pass a law to tax my underpants if he wanted to. But it's very unlikely. So lets just stick to probablities please. :)

Thing is, value-for-value transactions like the ones that take place in SL are currently covered by the U.S. tax code, so no new legislation needs to be passed.

I'm not sure why people aren't getting this. If I trade something of value for another thing of value, it is a taxable event. Tutor the kid down the street in exchange for him cutting my lawn? Taxable. Trade a computer-generated image for another computer-generated image? Taxable. It doesn't require a great leap of intellect to bridge that gap.

And, Lordfly, if you're killing enough rats to generate sufficient in-game income to push you past the 'hobby' level, then absolutely you should be keeping track of it. As I said, at the very least the game service should be able to give you detailed transaction information.
Starax Statosky
Unregistered User
Join date: 23 Dec 2003
Posts: 1,099
03-29-2006 10:19
From: Ricky Zamboni
Thing is, value-for-value transactions like the ones that take place in SL are currently covered by the U.S. tax code, so no new legislation needs to be passed.

I'm not sure why people aren't getting this. If I trade something of value for another thing of value, it is a taxable event. Tutor the kid down the street in exchange for him cutting my lawn? Taxable. Trade a computer-generated image for another computer-generated image? Taxable. It doesn't require a great leap of intellect to bridge that gap.

And, Lordfly, if you're killing enough rats to generate sufficient in-game income to push you past the 'hobby' level, then absolutely you should be keeping track of it. As I said, at the very least the game service should be able to give you detailed transaction information.



Really?

The U.S taxman wants to know if you've mowed the lawn for cookies? There is space on your tax form for such events? Will the taxman then ask you to give him a bite of your cookie too?
Eboni Khan
Misanthrope
Join date: 17 Mar 2004
Posts: 2,133
03-29-2006 10:31
From: Starax Statosky
Really?

The U.S taxman wants to know if you've mowed the lawn for cookies? There is space on your tax form for such events? Will the taxman then ask you to give him a bite of your cookie too?


There is a place for everything.

The issue is most people cheat and don't claim everthing. The government will be able to tax the hookers in SL earning Lindens and cashing them out easier than it can tax the hookers working the corner and getting paid in cash. The IRS has sent people to jail for tax evasion that have no legal income (drug dealers etc), so if someone is earning a living wage in SL and not paying their taxes, all someone has to do is report them to the IRS and hope they get audited.


SL, LL, and the Lindex are extremely easy to track, I am sure some politican at some point will read about the lady making 150,000 USD a year on US servers and ask why she isn't paying US taxes(although I am sure that everyone in SL earning money are paying all of their taxes). Even though you are a citizen of another country, you might still be considered a U.S. resident for U.S. tax purposes.
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
03-29-2006 10:37
From: Starax Statosky
Really?

The U.S taxman wants to know if you've mowed the lawn for cookies? There is space on your tax form for such events? Will the taxman then ask you to give him a bite of your cookie too?

The fair market value of all barter transactions must be included in your total income. The upside is, you can then deduct your expenses for earning your barter income.

"Bartering occurs when you exchange goods or services without exchanging money. An example of bartering is a plumber doing repair work for a dentist in exchange for dental services. The fair market value of goods and services exchanged must be included in the income of both parties."

Mowing lawn. Cookies. Plumbing. Dental work. Virtual item sales. Taxable all.

http://www.irs.gov/taxtopics/tc420.html
Starax Statosky
Unregistered User
Join date: 23 Dec 2003
Posts: 1,099
03-29-2006 11:02
WAAAAAH! LORDFLY!!! THEY'RE GANGING UP ON ME!!


Damn wussy guy. He's run away and left me.
Lordfly Digeridoo
Prim Orchestrator
Join date: 21 Jul 2003
Posts: 3,628
03-29-2006 11:40
This is insane. I hope Ricky makes careful note of everything he barters, if he wants to be taken seriously in this discussion any further. :)

The IRS wants your cookies, citizen.

:D
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Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
03-29-2006 11:50
From: Lordfly Digeridoo
This is insane. I hope Ricky makes careful note of everything he barters, if he wants to be taken seriously in this discussion any further. :)

The IRS wants your cookies, citizen.

:D

Insane? Not at all. Without such rules *everyone* would take *all* their income in "in-kind" services and the like. Then you would have to sacrifice your schools, roads, and other publicly-funded infrastructure. Is that really the best outcome? Or can you suck it up and admit that your labour conceivably has some value and contribution to the economy, some portion of which should be fairly put back for the public good?

"Salary? No. I just volunteer. And in exchange, the company gives me a house, car, and groceries. Nice of them, huh?"
Starax Statosky
Unregistered User
Join date: 23 Dec 2003
Posts: 1,099
03-29-2006 12:12
From: Ricky Zamboni
Insane? Not at all. Without such rules *everyone* would take *all* their income in "in-kind" services and the like. Then you would have to sacrifice your schools, roads, and other publicly-funded infrastructure. Is that really the best outcome? Or can you suck it up and admit that your labour conceivably has some value and contribution to the economy, some portion of which should be fairly put back for the public good?

"Salary? No. I just volunteer. And in exchange, the company gives me a house, car, and groceries. Nice of them, huh?"


Ricky, you should've been a lawyer. You could make Charles Manson look like a victim. :)
Magnum Serpentine
Registered User
Join date: 20 Nov 2003
Posts: 1,811
03-29-2006 14:48
From: Lordfly Digeridoo
notice the keywords in that article.. could, maybe, perhaps, in the future.

I'll believe it when I see it.

The IRS only cares about it once you convert it to real money. That being your PayPal funds. I did that this year, as should anyone else making more than tier due to playing SL.

It's a taxable income just like anything else, only classified as "hobby" or "small business".



but then United States Law does NOT apply to the international internet... No matter where the servers are located.
Lordfly Digeridoo
Prim Orchestrator
Join date: 21 Jul 2003
Posts: 3,628
03-29-2006 15:13
From: Magnum Serpentine
but then United States Law does NOT apply to the international internet... No matter where the servers are located.


Uh, fascinating, but the company is based in San Francisco. Therefore US laws most definitely apply.
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Kim Anubis
The Magician
Join date: 3 Jun 2004
Posts: 921
03-29-2006 15:33
One of my contractors is outside the US, so I had to contact the IRS and ask them about what sort of reporting I was required to do, etc. They said that if my contractor was not a US citizen and didn't do the work on US soil, his income didn't need to be reported to them. I *did* mention the SL server located in the US; however, the person doing the work was sitting in the UK, and that was what counted.
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Magnum Serpentine
Registered User
Join date: 20 Nov 2003
Posts: 1,811
03-29-2006 21:40
From: Lordfly Digeridoo
Uh, fascinating, but the company is based in San Francisco. Therefore US laws most definitely apply.



Let me be more clear... No nation at all should have control of the internet, or tax it. The Internet is International...
Jeffrey Gomez
Cubed™
Join date: 11 Jun 2004
Posts: 3,522
03-29-2006 21:51
From: Magnum Serpentine
Let me be more clear... No nation at all should have control of the internet, or tax it. The Internet is International...

Yeah, but they can tax their currencies. Like um, when you receive that check in USD? ;)


Anyway, taxation is inevitable where currencies and incomes are concerned. It's been my sigline comment for a year and a half, even. What I'm more interested in is how this applies to labor laws -- specifically, those relating to minimum wage and immigration.

That, and the L$ as a tax hedge? Maybe when it's more stable.
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Anshe Chung
Business Girl
Join date: 22 Mar 2004
Posts: 1,615
03-30-2006 00:51
Yes, there is some legal problem I think. That is why we decided to hire RL to have one sound ethical and legal basis. Everybody in our main office already applies the full labour law, insurances, tax and social benefits.
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