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Virtual Economies Attract Real-World Tax Attention

Posted by kdawson on Mon Oct 16, 2006 12:51 PM
from the tax-haven-in-Second-Life dept.
doug141 writes to point out a Reuters story on the attention tax authorities are beginning to focus on virtual economies. From the article: "Users of online worlds such as Second Life and World of Warcraft transact millions of dollars worth of virtual goods and services every day... People who cash out of virtual economies by converting their assets into real-world currencies are required to report their incomes to the U.S. Internal Revenue Service or the tax authority where they live in the real world... 'Right now we're at the preliminary stages of looking at the issue and what kind of public policy questions virtual economies raise — taxes, barter exchanges, property and wealth,' said Dan Miller, senior economist for the Joint Economic Committee of the U.S. Congress."

Related Stories

[+] Lawmakers Trying to Head Off Massive Taxation 108 comments
An anonymous reader writes to mention a Reuters article about a lawmaker's attempt to stop the Government's interest in taxing Massively Multiplayer Game content. R-New Jersey Jim Saxton is cautioning against exploring the taxable status of in-game items. From the article: "'The goal of the forthcoming Joint Economic Committee study is to help lawmakers understand the issues involved and head off any premature attempt to impose a tax on virtual economies,' he said. Under current law, Saxton said if a transaction takes place solely within a virtual world there is no 'taxable event.' Dan Miller, chief economist for the Joint Economic Committee, said earlier this week that the committee's study would start with a blank slate and be completed by the end of the year."
[+] The Tax Man Comes To Virtual Australia 91 comments
shadrach_au writes to mention that what was being considered in the states is now apparently policy down under: your virtual assets can be taxed. The Australian Tax Office (ATO) is warning citizens to consider whether their gaming 'is a hobby or a business' and act accordingly. From the article: "If a virtual transaction has real world implications — if it can be attributed a monetary value — it attracts the attention of the Tax Office. Sites such as slexchange.com set rates for swapping Second Life's Linden dollars for 'real' money. 'The real world value of a transaction may form part of your taxable income, even if it is in Linden dollars,' the ATO spokeswoman says. 'In addition, there may be GST (goods and services tax) to consider.' In other words, if you are turning over the equivalent of more than $50,000 selling virtual jewelery to Second Life avatars, you must get an ABN (Australian Business Number) and register for GST."
[+] Politics: Congress to Revisit Virtual Goods Taxation 205 comments
News.com has the word that congress is set to re-visit taxing virtual goods, a concept they shelved a while back in order to consider the matter more fully. That's given the Congress' Joint Economic Committee time to come to a decision about what exactly the value of virtual goods means for players and game-makers. An economist with the group told CNet to expect their report sometime next month. "What that report will say is unknown, as the committee has kept entirely quiet about its thoughts. However, it's clear that something will happen. 'Given growth rates of 10 to 15 percent a month, the question is when, not if, Congress and IRS start paying attention to these issues,' [senior economist Dan] Miller, who is a fan of virtual worlds and economies, told CNET News.com in December. 'So it is incumbent on us to set the terms and the debate so we have a shaped tax policy toward virtual worlds and virtual economies in a favorable way.'"
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  • Finally. (Score:2, Insightful)

    I'm surprised this wasn't done years ago when people were making real money off of Ultima Online and Asheron's Call. Good AC accounts, like Animal the first level 126 Battlemage which went for $5,000, were going for thousands during it's prime and even a
    • Re:Finally. (Score:5, Interesting)

      by SatanicPuppy (611928) * <Satanicpuppy AT gmail DOT com> on Monday October 16 2006, @01:04PM (#16455671) Journal
      What would the tax be, exactly? For the most part, most states don't require sales tax on internet purchases. And if you sell accounts for more than $400 bucks, then you should be reporting that income to the IRS anyway, same as with any other income.

      I don't see any need for a special case. You make money off it, you're supposed to declare that money and pay taxes on it. Goes without saying that most people don't, but that's just an enforcement issue.
      [ Parent ]
      • Re:Finally. (Score:4, Informative)

        by Anonymous Cow herd (2036) on Monday October 16 2006, @01:40PM (#16456345) Homepage
        What would the tax be, exactly? For the most part, most states don't require sales tax on internet purchases.

        Most states also have what are known as "Use Taxes". Wiki here: http://en.wikipedia.org/wiki/Use_Tax [wikipedia.org]

        [ Parent ]
          • Re: (Score:3, Insightful)

            You folks are taking the wrong tact on this.

            This isn't an issue of taxable SALES, it's an issue of taxable INCOME.

            It is true that, due to the intangibility of code, you cannot tax the SALE of that code. However, if you are making monetary gains, it is con
      • Re: (Score:3, Insightful)

        But enforcement is the issue they're trying to tackle. Enforcement is basically handled by either withholding or reporting (e.g. form 1099). It sounds like these virtual world companies aren't reporting (we definitely know they're not withholding). So t
        • Re: (Score:3, Funny)

          • You really don't have to worry about that... you don't get taxed on things as they increase in value, just when you cash out on them (imagine buying a rare baseball card; as it increases in value you don't have to pay taxes on that)
          • Where are these boar
    • Ebay is the key (Score:2, Interesting)

      I'm surprised this wasn't done years ago when people were making real money off of Ultima Online and Asheron's Call. Good AC accounts, like Animal the first level 126 Battlemage which went for $5,000, were going for thousands during it's prime and even a

        • Re:Ebay is the key (Score:5, Informative)

          by Free_Meson (706323) on Monday October 16 2006, @01:45PM (#16456457)
          When dealing with illiquid assets (such as real estate or, in this case, baseball cards) you are only required to recognize and pay taxes on income when you convert the illiquid asset into cash or a cash equivalent. When you trade illiquid assets, though, you keep your original basis for tax purposes. If you paid a nickel for your baseball card and I paid $500 for mine, we can swap without being taxed but when you sell your card you will be taxed on the sale price less your original basis (.05) as will I, even though the card you're selling was bought for $500 and the card I'm selling was bought for $.05.

          There's one cool tax consequence of this, btw. As a taxpayer, you can allocate basis when you receive both cash and an illiquid asset in exchange for your own asset. So, if I buy my card for $500 and you bought yours for $.05, I can sell you my card for $500 plus your card and not owe any taxes until I sell your card. For baseball cards that's small potatos, but for things like real estate it can make a huge difference in whether a transaction is profitable or not.
          [ Parent ]
  • Well (Score:5, Funny)

    by Kelz (611260) on Monday October 16 2006, @12:56PM (#16455485)
    Given that it is against the Terms of Service in WoW to exchange in-game currency or items for real life currency or items, I can't see that there would be any legal standing here.

    Also, I believe Second Life's ToS [secondlife.com] explicitely states that Linden dollars have no legal value, also trumping any sort of tax law.

    But then, neither was the income tax...
    • Re:Well (Score:5, Insightful)

      by drsquare (530038) on Monday October 16 2006, @12:58PM (#16455521)
      Whether the game manufacturers say it has legal value or not, if you cash in, that's income, and you have to pay tax on it.
      [ Parent ]
      • Not True (Score:2)

        Whether the game manufacturers say it has legal value or not, if you cash in, that's income, and you have to pay tax on it.

        That simply is not true. You don't have to pay any income taxes on it if they don't know about it. Saying that you must pay taxes i
        • Re:Not True (Score:4, Insightful)

          by Maxo-Texas (864189) on Monday October 16 2006, @01:18PM (#16455919)
          The "level of risk" you speak of is "the risk of punishment including fines and prison time for not paying taxes that the government requires you to pay on income". You implictly acknowledge that you can be punished for failure to pay in your own post. ironic, no?

          So , actually it simply is true.

          If you sell drugs, you are required to pay taxes on the income.

          Remember, it was good enough for the original mob Al Capone, it's certainly good enough for you with the loot you got off your MOB.
          [ Parent ]
    • Re: (Score:2)

      I think the US government overrides a small corporation's terms of service.
    • ...income made in the USA is subject to federal income tax. Even your friendly local crack dealer technically owes income tax on his illegal drug profits.
    • Re: (Score:2)

      Since Blizzard doesn't engage in any in-game merchandise transactions for real money, I don't think they're the ones the US Government would be trying to tax. Blizzard pays taxes on their income and that amount is reflected in the subscription fees.

      So
    • Re: (Score:2)

      True, Linden Dollars HAVE no legal value themselves. However, Linden Labs/Second Life has a page stating the exchange rate for a Linden Dollar to some other real-world currency. The exchange rate is updated daily and determines how many, for example, L$
  • Gov't Regulation (Score:3, Funny)

    by DrWho520 (655973) on Monday October 16 2006, @12:57PM (#16455505) Journal
    Dear God, no! Not that! Engineers will never be able to keep up with the Alchemist or Taylor lobbiests!
  • Losses (Score:4, Funny)

    by mugnyte (203225) on Monday October 16 2006, @12:58PM (#16455523) Homepage Journal

      Any time I'm due to pay taxes, I'm going to claim a loss on my virtual accounts to balance it out. Wheee!

    • Re:Losses (Score:4, Insightful)

      by Morphine007 (207082) on Monday October 16 2006, @01:13PM (#16455837)

      yeah, seriously. If you "invested", say, $10,000 worth of online currency into, oh... I dunno... this [slashdot.org] does that mean you can claim that online currency's worth as a loss?

      To answer my own question: no

      Now for a better question: suppose you first bought that $10,000 worth of online currency and "invested" it into that EVE Online ISK scam and lost it. Can you then claim your $10,000 investment as a loss? Since you invested the money into a business (some might argue this, but I'd argue right back that the EVE Bank had more chance of succeeding than some dot coms), with the expectation that it would make a profit (online) which you could then sell for real money (and hence pay tax on), but instead lost it?

      I mean, just how different are these two scenarios:

      • you invest real money into a business which makes a product, this business fails and you claim a loss
      • you invest real money into a virtual business which makes a product, this business fails and you claim a loss

      These are the reverse of the two scenarios the IRS wants to capitalize on:

      • you invest real money into a business which makes a product, it succeeds, you make money and pay tax on it
      • you invest real money into a virtual business which makes a product, it succeeds, you make virtual money which you exchange for real money and pay tax on it

      Where does the line get drawn?

      [ Parent ]
        • Probably in a similar fashion as gambling. The IRS requires you to pay taxes on gambling winnings, but you cannot claim a loss for gambling losses.

          That's not entirely accurate. Regarding your example, you'd only owe tax on the amount that you "cashed out.
        • Re:Losses (Score:4, Informative)

          by Gorm the DBA (581373) on Monday October 16 2006, @02:24PM (#16457027) Journal
          -1 Incorrect.

          You are allowed to deduct any losses from your winnings for tax purposes. You cannot claim an overall loss (ie if I won $500 and lost $600, I can't claim a $100 loss for taxes). Any chip purchases, tournament buyins, or other money you gave to the casino can be offset against your winnings thereby reducing the final tax bill.

          And yes, I would know, since I had to fill out paperwork for winning a poker tournament in Atlantic City. The $1360 I won is offset by my $65 buy-in, as well as the $300 in other buy-ins I had over the weekend, as well as the other miscellaneous losses I can document.

          (Documentation is key, if you are going to gamble with any possibility of winning more than the $599.99 that doesn't trigger the paperwork, write down precisely when and how much you bought in for, and how much and when you cashed out for)

          [ Parent ]
  • Holy crap it's the Grinch! (Score:3, Insightful)

    by Deliveranc3 (629997) on Monday October 16 2006, @12:58PM (#16455525) Journal
    Timmy: WOW a +2 Vorpal SWORD SWEET!

    IRS: Hey Timmy...

    This is increadible they are taking one of the LEASE PLEASANT ASPECTS OF REAL LIFE and imprinting it on the virtual world... for no reason, they can just tax the sale of the goods!
    • Re: (Score:2)

      They tax Income. Period. They dont hate MMORPGs, they just hate that some people are generated large revenue streams and not paying taxes on it.

      If you had some other way of converting virtual items into real currency the IRS would tax that too if you made
    • "This is increadible they are taking one of the LEASE PLEASANT ASPECTS OF REAL LIFE and imprinting it on the virtual world... for no reason, they can just tax the sale of the goods!"

      Well, maybe we can have it go both ways. The real world might be improv
  • by LiquidCoooled (634315) on Monday October 16 2006, @12:59PM (#16455547)
    Lawyers, Tax inspectors and accountants.

    Myself, I am a level 47 beancounter, I defeated the IRS during a daring raid. Many of my friends died in this battle :(
  • Congress is awash in money. The only problem is that they waste so much of it. Is there really a need to find new ways to rob us?
  • by tont0r (868535) on Monday October 16 2006, @01:00PM (#16455569)
    I always felt there would come a time that if someone stole your 'virtual item', they could be arrested for stealing. This will be one more step towards reaching that goal. Because now this is something you would pay taxes on. But how does one decide how much to tax? Is it considered 'investing' if you decide to buy all the WoW gold you can and then raise the price of it when you resell it? Because in all reality, Blizzard can just change the amount of gold you have in their database and poof its gone. And how do you handle hacks and what not? Will that become illegal if you sold 'gold' that you achived through hacking?
  • Ummm.... (Score:3, Interesting)

    by porkThreeWays (895269) on Monday October 16 2006, @01:02PM (#16455615)
    This may have been an issue at one time when I actually knew people making a living on EQ. However, I really doubt it's a huge deal today. Because of the international aspect of most of these games, lots of people with lots of time on their hands have time to make most items and currencies almost worthless in real money. I used to know 5 people who supported themselves on EQ transactions. Today, I don't know any who support themselves via mmorpg.
  • Um, Duh? (Score:3, Interesting)

    by Omega (1602) on Monday October 16 2006, @01:04PM (#16455665) Homepage
    Almost any time money changes hands it is subject to taxation. I don't get why selling a "virtual" item shouldn't be subject to taxation as well? I mean, if I sell software online only -- that's virtual too, right? So doesn't sales (or at least income) tax apply?


    The real question is, "Is selling virtual property" subject to capital gains taxes (like selling a second home or shares of stock)? There's an argument to be made there -- and I'd be curious to see what Congress says.

  • Yeah, but (Score:3, Interesting)

    by Lord Kano (13027) on Monday October 16 2006, @01:04PM (#16455677) Homepage Journal
    Is it considered earned income or a capital gain?

    From a tax perspective, there's a huge difference.

    LK
    • Re: (Score:2)

      Depends how long you play the game for.

      If you play an account for 6 months, sell, rinse and repeat than I'd have said income tax as it's a trade.

      Play for 3-4 years and sell up on quitting then it's a capital gain.

      Of course, if they tax it as
  • deduct your expenses!! (Score:2, Insightful)

    Just remember to deduct your expenses toward creating your virtual wealth. Buying the retail box or download, the monthly service fees, upgrade fees when new content is released, etc. should all be legit deductions to such a tax.So should some percentage o
  • by Channard (693317) on Monday October 16 2006, @01:07PM (#16455731)
    .. I don't think this will have as much impact as they think.
  • Taxation, good luck (Score:5, Insightful)

    by Shihar (153932) on Monday October 16 2006, @01:09PM (#16455761)
    The only case where I can see taxation having any success is when a company facilitates it in a direct way. So, if I can cash money out of the game directly, you might very well be forced to pay a tax in the same way you are forced to pay a tax when you get a paycheck from work.

    That said, that sort of transaction where a legitimate business is facilitating a cash transfer is pretty rare. The real money trading hands in MMORPG economies is almost exclusively person to person transaction, non-legal companies, or legal companies outside of the US. In all of those cases you are about as likely to get a drug dealer to voluntary tax report his taxes as you are to get some guy working over e-bay to report his income.

    The only reason I can think of to voluntarily report MMORPG income is if you are making so much that it makes up a substantial part of your income. In that case, you might report some fraction of it just to avoid looking like a drug dealer.

    I expect the vast majority of people to simply ignore any efforts to improve taxation about as easily as they ignore laws against a few guys playing poker on Friday night and smoking small quantities of marijuana. Yeah, those activities are illegal if you are caught, but unless you are running an underground casino or smuggling pounds of drugs, no one really cares and the penalties for being caught are a slap on the wrist.
  • if you made a bunch, expect the IRS to be coming after you... income is income, and unreported income still can mean trouble!
  • Let's say you accumulate items worth say $1000 if you sold them - does the act of accumulating them cause the income or does it exist only if sold? Can you deduct the cost of playing? What happens if you trade an item in game? Did you just create a sale?
  • Does this mean... (Score:3, Insightful)

    by Samurai Cat! (15315) on Monday October 16 2006, @01:34PM (#16456227) Homepage
    ...those folks can write off their WoW account fees, and depreciation on their computers, etc. as "expenses"?
  • Foreign Accounts (Score:3, Informative)

    by TheoMurpse (729043) <kyle.goetz@NosPam.mail.utexas.edu> on Monday October 16 2006, @02:49PM (#16457477) Homepage
    It seems to me that, if we are going to consider that money in virtual worlds is taxable, that it should be treated like money in foreign accounts. I'm not a tax lawyer, but if you have more than US$10,000 in aggregate in foreign accounts, they may be taxable and you may have to file a U.S. Treasury Form TD F90.22-1 annually. A foreign country is defined as geographic areas located outside the US, Guam, Puerto Rico, and the Virgin Islands. Granted, this may invalidate prior case law where the internet was defined as being within the US, but I think it is very important to set a precedent that the internet is one unit that encompasses the whole world, and to rule that the entire thing is located within the US is folly.

    The simpler solution is to say that while the virtual possessions are still virtual, they are worthless. However, once you make real money off of them by selling, the sales are taxable in the same way that plants you have grown on your property are not taxable, but as soon as you sell them the revenue is taxable. Otherwise, this situation is parallel and displays the idiocy of taxing virtual possessions as capital gains:
    MMORPG : FPS Tournament ::
    virtual gold : frags ::
    cashed out value : tournament winnings.
    Isn't it absurd to say you should be taxed on frags gained in pursuit of a tournament victory? Or, to put it in terms more old people (read: legislators and judges) would understand:
    MMORPG : tennis tournament ::
    virtual gold : points ::
    cashed out value : tournament winnings.
    Now, does Maria Sharapova get taxed on points she won in a match? NO! She is taxed on tournament winnings only. Thus, by analogy, a gamer should be taxed on real earnings made by "cashing out", and not by what he possesses in the virtual world.
    • Re: (Score:2)

      You pay your subscriptions right?

      Hence it would be pretty hard to interprete them as income for you...

      • Re: (Score:2)

        I wonder if you could create a business and file your monthly subscription fee as an expense.
        • Re: (Score:3, Insightful)

          Well, that's exactly what a lot of people are missing.

          This is no different than other forms of income, and income is taxable.

          By great coincedence, the money you spend to allow you to create that income is allowed to be deducted from the earnings to offset
      • Re:Congress strikes again (Score:4, Insightful)

        by SatanicPuppy (611928) * <Satanicpuppy AT gmail DOT com> on Monday October 16 2006, @01:10PM (#16455787) Journal
        They don't give a damn about how much WoW gold you collect, but they DO care about how much that gold brings you in real money when you sell it on eBay.

        Subscription fees are an obvious tax deduction, but the fact remains if you're making more than a minimum amount on it, and you live in the US (don't know about other countries), you owe taxes on it.

        What I'd expect to see out of this is companies like IGE being forced to be more open about their cash flow, to make it easier to find people who are not paying their taxes.
        [ Parent ]
    • Re:Congress strikes again (Score:5, Informative)

      by generic-man (33649) on Monday October 16 2006, @12:59PM (#16455557) Homepage Journal
      News flash: When you make money, you owe income tax on it. Doesn't matter if the money comes from real-world work, virtual-world work, services, corporate gifts, [washingtonpost.com] or even illegal activity. [findarticles.com] The second you get U.S. dollars for your work, the IRS gets to claim a chunk of them.
      [ Parent ]
      • Re: (Score:3, Funny)

        "Gimme gimme gimme gimme gimme gimme..." "But I um, actually stole this money off of that old lady that I just shot in the skull..." "28% bitch! Gimme gimme gimme gimme gimme gimme..."
      • Re: (Score:2)

        True, but you usually have to materialize that money first. Capital gains aren't taxed until you sell the object. (That's for income taxes; property taxes are different.)

        I can see the IRS taxing the income when you convert quatloos or whatever into dollars
    • Re: (Score:2)

      Wouldn't it be more likely to go the other way? If you're making money off of MMORPG, then I would think the subscriptions could arguably be a "business expense", and hence you would get a tax break.
    • Re: (Score:2, Insightful)

      I can't wait to pay my tax in WoW gold.

      Don't mention Gold. Tangible or not, it just gets Congress excited.

      You know the paper dollars in your pocket are not backed by any gold or silver, right?

    • Re: (Score:2)

      I can't wait for all my WoW repair bills to be tax deductable.

      If earning WoW gold is income,
      then expenses incured must be deductable.

      Comming soon:
      Tax Loophole investment gaming. Play the game for 10 minutes and get a $10k tax