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If you don't cash out any of your L$, does it still count as real money?

Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
11-18-2005 09:14
From: Bogart Bergson
The difference in 1/2/3 and 4 is that they have a quantifyable value. #4 is essentially worthless except to the 2 parties involved. Which is the same as $L's which are even stated to be worthless in the EULA.

This is incorrect. 1, 2, and 3 demonstrate that when I give you a photoshopped image, it has value (you've given me cookies in exchange for it!). They also demonstrate that when I receive a photoshopped image, it also has value (I mowed your lawn in exchange for one). You've acknowledeged this, and I doubt anyone out there would argue otherwise.

The problem you and others seem to be having is making the mental correlation between those examples and the direct exchange of one photoshopped image for another (even via an intermediate "token";). You're basically trying to claim that object A or object B (two different photoshopped images) can be exchanged for object C (cookies), and that transaction has value, but when you directly exchange object A for B the transaction has no value. Absurd.

And, for the record, it doesn't matter *at all* if LL claims in the EULA that the L$ has no value. If it's being exchanged for USD, they acknowledge the exchange, and actively *support* the exchange, then they can say whatever they like and still be wrong.
Lady Greenstein
Most Likely AFK :P
Join date: 2 Feb 2004
Posts: 121
11-18-2005 11:13
A year ago.. when i went to visit my taxman.. he asked if DH and i had any OTHER income.. i told him that i sold some stuff on ebay, and brought in about $100/month EVERY month for the whole year... he sat there pondering for about 3minutes, and said that i DIDN"T have to claim that, because it wasn't consisitant Enough.
What im trying to say is... Yeah i make income in SL.. But I don't often Convert it into RL$ and if/when i do it is soo sparatic that it is hard to say where it would be an income. Maybe my Ebay selling, and my SL business is two totally diffrent things seeing as I have NAMED my SL business, and advertise for it. Who knows... But until my Taxman says MMMM... Nope you HAVE to claim that $50-$100US a month.. then i won't.

and thats my $0.02 worth that the taxman and the IRS can do what they want with :rolleyes:
Bogart Bergson
Registered User
Join date: 16 Nov 2005
Posts: 34
11-18-2005 11:20
From: Ricky Zamboni
This is incorrect. 1, 2, and 3 demonstrate that when I give you a photoshopped image, it has value (you've given me cookies in exchange for it!). They also demonstrate that when I receive a photoshopped image, it also has value (I mowed your lawn in exchange for one). You've acknowledeged this, and I doubt anyone out there would argue otherwise.

The problem you and others seem to be having is making the mental correlation between those examples and the direct exchange of one photoshopped image for another (even via an intermediate "token";). You're basically trying to claim that object A or object B (two different photoshopped images) can be exchanged for object C (cookies), and that transaction has value, but when you directly exchange object A for B the transaction has no value. Absurd.

And, for the record, it doesn't matter *at all* if LL claims in the EULA that the L$ has no value. If it's being exchanged for USD, they acknowledge the exchange, and actively *support* the exchange, then they can say whatever they like and still be wrong.


FYI: Because I sell a vintage "GI Joe action figure" today on eBay for $100 does not mean that I need to pay the same taxes tomorrow if I only get $50.

So, exchanging things for items that are intrinsicly valuable one day doesn't automatically boost the value of other things the next day. The IRS couldn't possibly assign a value of 5 cookies to every photo shop'd image on the planet just because once there was an exchange of that type done.

It is not absurd to think that exchanging two valueless items creates no tax liability. And also not absurd to think that exchanging something which is generally valueless for something that is valuable does create a tax liability.

The reason is because each transaction is dealt with seperately. If my business is lucky enough to sell our service for $1k/month to one client that means nothing when doing the next sale, it could be $100/month or it could be $5k/month. Does that mean the service is worth $100? or $5,000? Neither, it is worth nothing. It is only in the exchange where it gains the value in that transaction.

As another example, a service company can not write off service given to charity because it is worthless. They could however, write off giving charity a desk or an old computer.
Starax Statosky
Unregistered User
Join date: 23 Dec 2003
Posts: 1,099
11-18-2005 11:40
From: Ricky Zamboni


The problem you and others seem to be having is making the mental correlation between those examples and the direct exchange of one photoshopped image for another (even via an intermediate "token";). You're basically trying to claim that object A or object B (two different photoshopped images) can be exchanged for object C (cookies), and that transaction has value, but when you directly exchange object A for B the transaction has no value. Absurd.



Hiya Ricky. I don't think anybody is doubting that objects A and B have value. But we're talking about taxable value. The taxman can't do anything when a direct exchange of objects has taken place. He needs taxable income.

The Barter Club you mentioned previously is alot different than SL. The IRS doesn't want to be excluded from communities that form their own currency, so the IRS comes up with ways of taxing those communities.

SL is different in that we can't actually live within the SL community, there comes a time when we have to logoff and eat. and spend real money. Now if we could eat prim food, then the taxman would become concerned. Because he'd be out of the loop.



But anyway, this is my view and I know shit. The taxman doesn't care if we have large amounts of game money. Why should he? We can let our Linden account build up for years and years without a care in the world. But as soon as we try to exchange it for US dollars, thats when the taxman will come knocking. The taxman is a very inquisitive chap and he'll get his slice, one way or another. He is ALL KNOWING!. Now it doesn't really matter if we know that we have value stored away in our Linden accounts and yet we don't pay any taxes for that tax year. The taxman will get his slice eventually, whether its the year after, or the year after that. There is no escape.
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
11-18-2005 11:45
Are you saying then that L$ is an effective tax shelter?

What if, say next year, I decide to live off my L$ savings?

Does that mean I can pay in a lower bracket?
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Starax Statosky
Unregistered User
Join date: 23 Dec 2003
Posts: 1,099
11-18-2005 11:57
From: blaze Spinnaker
Are you saying then that L$ is an effective tax shelter?

What if, say next year, I decide to live off my L$ savings?

Does that mean I can pay in a lower bracket?


Blaze, I think you know the answers to these questions. I know you, you're the firestarter. You just ask questions for fun!. You like to start fires in the forums and watch them burn bright. Infact, this entire thread was started by you. You rascal. :)

But I like you! You keep us warm. :)
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
11-18-2005 12:06
Well, I'm trying prove something by contradiction.

If we assume that we don't have to declare taxes on our L$, then that leads us to a lot of very interesting possibilities for tax evasion.

Since Tax Evasion is a contradiction, at least in the eyes of the IRS, I think it's reasonable to conclude that declaring our L$, when we have a lot of them, is probably a good idea.
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Bogart Bergson
Registered User
Join date: 16 Nov 2005
Posts: 34
11-18-2005 12:12
From: blaze Spinnaker
Well, I'm trying prove something by contradiction.

If we assume that we don't have to declare taxes on our L$, then that leads us to a lot of very interesting possibilities for tax evasion.

Since Tax Evasion is a contradiction, at least in the eyes of the IRS, I think it's reasonable to conclude that declaring our L$, when we have a lot of them, is probably a good idea.


Actually you have not proven anything by contradiction which actually isn't a way to prove something anyway. It is a way to dis-prove something, yes, but not prove.

You can call it "tax evasion" if you want but that doesn't make it so.

You can keep your $L's to yourself because they are worthless until converted into USD.

Therefore this is not tax evasion.

And yes, you could live on your $L's, but if doing so causes a taxable transaction then you should be taxed. And if this means you pay less taxes because you took less than all of them out then that is correct.
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
11-18-2005 12:27
From: Bogart Bergson
Actually you have not proven anything by contradiction which actually isn't a way to prove something anyway. It is a way to dis-prove something, yes, but not prove.


Heh heh, Reductio ad absurdum is definitely a way to prove something.

And, even if it is was just for disproving something, just disprove the negation of something and you've proved that something :)

For example, if I wish to prove that is raining, I merely have to disprove that it's not raining.

Anyways..

From: someone

You can call it "tax evasion" if you want but that doesn't make it so.


It is tax evasion. Rather than claiming the income this year, I can stuff it away and then wait until next year when I'm in a lower tax bracket and live off the L$. It's called a tax shelter.

In canada, you're only allowed to do this with 13% of your salary or somesuch, and it's meant for retirement. With L$, I can do it with 100% of my salary.

Also, next year our income taxes will be lowered, so it makes a lot of sense to not declare my income until next year if possible.
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Starax Statosky
Unregistered User
Join date: 23 Dec 2003
Posts: 1,099
11-18-2005 12:36
From: blaze Spinnaker
Well, I'm trying prove something by contradiction.

If we assume that we don't have to declare taxes on our L$, then that leads us to a lot of very interesting possibilities for tax evasion.

Since Tax Evasion is a contradiction, at least in the eyes of the IRS, I think it's reasonable to conclude that declaring our L$, when we have a lot of them, is probably a good idea.



I think that if you receive a large amount of money and you wanted to keep it a secret. I suggest a great place to store it is down your pants or under your bed. Anywhere but the internet. :) But if you received the money over the net, then its probably not a secret.
Bogart Bergson
Registered User
Join date: 16 Nov 2005
Posts: 34
11-18-2005 12:36
From: blaze Spinnaker
Heh heh, Reductio ad absurdum is definitely a way to prove something.

And, even if it is was just for disproving something, just disprove the negation of something and you've proved that something :)

For example, if I wish to prove that is raining, I merely have to disprove that it's not raining.

Anyways..


Actually not so in all cases and therefore "not proof".

For example:

I want to prove that n = 25.

What is the opposite of 25? Either -25 or 1/25 however you think about it.

Can I prove that "n = 25" by saying that "n does not equal -25 or 1/25". No, because 1, 2, 3, 4, 5... also do not equal -25 or 1/25 and they also do not equal 25.

There are far more gracefull explanations of how "disproving the opposite" does not indicate the positive is always true.
Bogart Bergson
Registered User
Join date: 16 Nov 2005
Posts: 34
11-18-2005 12:40
From: blaze Spinnaker
It is tax evasion. Rather than claiming the income this year, I can stuff it away and then wait until next year when I'm in a lower tax bracket and live off the L$. It's called a tax shelter.

In canada, you're only allowed to do this with 13% of your salary or somesuch, and it's meant for retirement. With L$, I can do it with 100% of my salary.

Also, next year our income taxes will be lowered, so it makes a lot of sense to not declare my income until next year if possible.


It is not tax evasion because if you don't make INCOME this year then you don't pay taxes. If you do make INCOME next year, then you do :)

I agree to what you are saying if you were actually putting something valuable into an illegal shelter.

Which you are not in this case because $L has the same value as this post to the message board. None.

However, you could decide to pay me for the message and should I accept that makes it valuable in the transaction and then I pay taxes :) However at a later date you may try to sell this message post and find no buyers, therefore you wouldn't pay any taxes on it because it is back to being worthless.

Just like $L when sold! Before sale they have no value. After sale they have no value. Because of the sale, the seller pays taxes.

The same holds true for any service. Worthless to hold but if you can find a buyer then you can make real money!
prak Curie
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Join date: 4 Jun 2004
Posts: 346
11-18-2005 12:41
From: Starax Statosky
Prak, I think this is referring to real money. Not virtual money. Blaze was asking if he should declare his game/virtual money.


Right. While this might not be as useful Blaze I thought it might be useful information for others. It is also as close to an answer as I could actually find at the time. A better answer could be found by looking into how the IRS treats casino markers before they are cashed in but I was unable to find anything specific enough on the IRS's website.

If are paying your tier with sales of Lindens, report it as income and then deduct it as a hobby expense. (You only get to deduct up the income earned by the hobby.)
_____________________
-prak
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
11-18-2005 12:42
From: Starax Statosky
I think that if you receive a large amount of money and you wanted to keep it a secret. I suggest a great place to store it is down your pants or under your bed. Anywhere but the internet. :) But if you received the money over the net, then its probably not a secret.


Actually, I have a significant amount of money locked up in L$ and I could save myself about 1000$ USD in taxes if I don't dump it into my paypal account until january 1st.

I suspect there are a lot of people in a similar boat.
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Bogart Bergson
Registered User
Join date: 16 Nov 2005
Posts: 34
11-18-2005 12:44
From: prak Curie
Right. While this might not be as useful Blaze I thought it might be useful information for others. It is also as close to an answer as I could actually find at the time. A better answer could be found by looking into how the IRS treats casino markers before they are cashed in but I was unable to find anything specific enough on the IRS's website.


Great comparison. And you know what, there are 1,000's of casinos out there and believe me the government taxes your winnings from them!

So, I will make my claim: if someone can find an IRS snippet that states that uncashed "casino markers/chips/etc." are taxed then I will concede that $L in game should also be taxed. Otherwise, I claim that they should not be. (Not a proof, just my claim.)
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
11-18-2005 12:44
From: Bogart Bergson

Which you are not in this case because $L has the same value as this post to the message board. None.


Uh huh. If you really believe that, then I'll give you 1 USD for all your L$.
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Bogart Bergson
Registered User
Join date: 16 Nov 2005
Posts: 34
11-18-2005 12:47
From: blaze Spinnaker
Uh huh. If you really believe that, then I'll give you 1 USD for all your L$.


Cool, I transfered all but $L1 to my friend. So, yes, I'll take your deal :)

I could easily sell my WoW (World of Warcraft) account on eBay for hundreds of dollars. You don't think that is worth being taxed also do you? (I mean the account while holding it. Obviously selling it should be taxed.)


That is the point: If someone buys it THEN IT IS WORTH MONEY.

Collectibles sitting on my shelf ARE NOT TAXED until I sell them. And I have a lot. I have coins, stamps, comic books, figurines, paintings and I pay zero tax on their appreciation. However, if in selling I turn a profit, I pay tax on that.
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
11-18-2005 12:51
From: Bogart Bergson
Great comparison. And you know what, there are 1,000's of casinos out there and believe me the government taxes your winnings from them!

So, I will make my claim: if someone can find an IRS snippet that states that uncashed "casino markers/chips/etc." are taxed then I will concede that $L in game should also be taxed. Otherwise, I claim that they should not be. (Not a proof, just my claim.)


Yeah, I agree, that would be a good precedent.
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Starax Statosky
Unregistered User
Join date: 23 Dec 2003
Posts: 1,099
11-18-2005 12:53
From: blaze Spinnaker
Actually, I have a significant amount of money locked up in L$ and I could save myself about 1000$ USD in taxes if I don't dump it into my paypal account until january 1st.

I suspect there are a lot of people in a similar boat.


Yeah, I see what you're saying. Its no different than me saying that I was going to paint a picture this year and sell it to a friend for $2000, but I've decided to wait until next year because I'll be in a lower tax bracket then and wont have to pay as much tax.

I think you're safe.
Bogart Bergson
Registered User
Join date: 16 Nov 2005
Posts: 34
11-18-2005 12:56
From: Bogart Bergson
Great comparison. And you know what, there are 1,000's of casinos out there and believe me the government taxes your winnings from them!

So, I will make my claim: if someone can find an IRS snippet that states that uncashed "casino markers/chips/etc." are taxed then I will concede that $L in game should also be taxed. Otherwise, I claim that they should not be. (Not a proof, just my claim.)


From: blaze Spinnaker
Yeah, I agree, that would be a good precedent.



I'll offer $L1,000 to the first person that can find a definitive answer on the casino chip tax question one way or the other.
prak Curie
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Join date: 4 Jun 2004
Posts: 346
11-18-2005 13:01
If you think of the Linden as somewhat like a stock, the IRS seems to think that worth is assigned at the time it is sold.

http://www.irs.gov/faqs/faq-kw185.html

Do I need to pay taxes on that portion of stock I gained as a result of a split?

No, you generally do not need to pay tax on the additional shares of stock you received due to the stock split. You will need to adjust your per share cost of the stock. Your overall cost basis has not changed, but your per share cost has changed.

You will have to pay taxes if you have gain when you sell the stock. Gain is the amount of the proceeds from the sale, minus sales commissions, that exceeds the adjusted basis of the stock sold.


Of course it is quite likely that being handed stock would be treated differently than a stock split.
_____________________
-prak
Bogart Bergson
Registered User
Join date: 16 Nov 2005
Posts: 34
11-18-2005 13:06
From: prak Curie
If you think of the Linden as somewhat like a stock, the IRS seems to think that worth is assigned at the time it is sold.

http://www.irs.gov/faqs/faq-kw185.html

Do I need to pay taxes on that portion of stock I gained as a result of a split?

No, you generally do not need to pay tax on the additional shares of stock you received due to the stock split. You will need to adjust your per share cost of the stock. Your overall cost basis has not changed, but your per share cost has changed.

You will have to pay taxes if you have gain when you sell the stock. Gain is the amount of the proceeds from the sale, minus sales commissions, that exceeds the adjusted basis of the stock sold.


Of course it is quite likely that being handed stock would be treated differently than a stock split.



No, this isn't the same, because in a stock you buy 1, you own 1. If someone gives you 1 more you pay taxes right away on the gift.

The poker chip example is the one we need since that is a case where the player earned MORE CHIPS during the course of play and we need to see if he gets taxed prior to cash in. Or if only the "true money transaction" of cashing in is the only event that is taxed.
prak Curie
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Join date: 4 Jun 2004
Posts: 346
11-18-2005 13:10
From: Bogart Bergson
if someone can find an IRS snippet that states that uncashed "casino markers/chips/etc." are taxed then I will concede that $L in game should also be taxed.


I suspect the best that will be found is that the IRS does not require casino's to report it until it has been cashed out. This might or might not mean that they consider it untaxed income, but it does rather strongly suggest they do not care about it.
_____________________
-prak
Shadow Garden
Just horsin' around
Join date: 17 Jul 2005
Posts: 226
11-18-2005 13:19
From: Bogart Bergson
I'll offer $L1,000 to the first person that can find a definitive answer on the casino chip tax question one way or the other.


I believe this URL may contain the information you are requesting.

http://www.gambling-law-us.com/Articles-Notes/Gambling-Session.htm

"U.S. taxpayers, with the exception of some professional gamblers, are not allowed to ‘net’ their wins and losses (that is, combine them and report only the total), but must add up their total wins from each gambling session and report the total as income (part of ‘Other Income,’ line 21 of Form 1040.)"

"IRS Publication 529 (Miscellaneous Deductions) provides general guidelines:

You must keep an accurate diary or similar record of your losses and winnings. Your diary should contain at least the following information.
1. The date and type of your specific wager or wagering activity.
2. The name and address or locations of the gambling establishment.
3. The names of other persons present with you at the gambling establishment.
4. The amount(s) you won or lost.
For specific wagering transactions, you can use the following items to support your winnings and losses….
Table games (twentyone, blackjack, craps, poker, baccarat, roulette, wheel of fortune, etc.): The number of the table at which you were playing…."
_____________________
"Ah, ignorance and stupidity all in the same package ... How efficient of you!" - Londo Molari, Babylon V.
Papa Doctorow
Prince of Digital Media
Join date: 25 Sep 2005
Posts: 8
11-18-2005 13:23
From: Sable Sunset
Global taxing in SL is impossible - and there's good reasons for this...

Anyone in the world can 'play' in a 'game' (not getting into that debate again) like SL, but 'the taxman' is local only to a single country. Someone in the US earning money and being taxed on the earnings would be having to pay tax whilst someone else in Europe or Asia or wherever would not. Any worldwide agreement to tax on currencies held in a virtual world is going to be nigh-on impossible - or it at the very least going to take many, many years for them to agree upon. World peace would be easier :D

Therefore the only way for the US taxman to collect money from the entire population would be to force LL to collect it (as LL fall under the US jurisdiction), but this is in itself unworkable. I should think quite a few governments are going to feel their noses have been put out of joint by the IRS collecting taxes from non-US residents that they're not entitled to (or at least, that the other governments think they're more entitled to).

This leaves the only option available - that the IRS may decide to collect taxes from those who reside RL in the US, but that's as far as it goes. The rest of us may avoid it until our respective governments pick up on this.

HOWEVER, the chances of those governments bringing in provisions for taxing virtual currency is pretty damn small - the very cost of implementing/rewording the laws and administering the collection of these taxes would probably outweigh the profits to be gained from it by many times. It would simply not be worth their while (at least at this stage). And let's face it - who can honestly say that they think the government of their country is future-thinking enough to make provisions for this kind of thing until the issue is much, much larger?! :D


This is untrue. At the very least you'd be eligible for California State taxes. Most likely US Federal taxes, and your local taxes as well. I live in NJ, and work in NY, I pay taxes to both states. If your earning your income on a computer network located in California, I dont see why they can't tax you on that income. Id imagine the Federal Goverment here in the US will tax you as well, if your a foreign citizen. Jurisdiction has nothing to do with it. Unless of course you live in a non-extraditable country. This is all assuming that the L you get paid counts as income of course (which is the point I think). And of course, if it truly is income, your all working here illegally without VISAs. :-P
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