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Lawmakers Trying to Head Off Massive Taxation

Posted by Zonk on Thu Oct 19, 2006 12:36 PM
from the that's-massive-games-not-lots-of-taxes dept.
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."

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[+] Virtual Economies Attract Real-World Tax Attention 247 comments
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."
[+] 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."
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  • by B5_geek (638928) on Thursday October 19 2006, @12:46PM (#16504349)
    Not that I want this to happen, but...

    If the government can't get it's collective head out of it's ass to setup/allow for inter-state/inter-country taxation of goods & services; how do they EVER expect to tax imaginary items!

    • Re: (Score:3, Funny)

      They tax me for social security and I'm not going to see a damn penny of that.
  • So does this mean... (Score:4, Insightful)

    by the_skywise (189793) on Thursday October 19 2006, @12:48PM (#16504395)
    That if I get a monopoly in Monopoly(r) that my future games have to be government regulated?

    That I have to declare income taxes on all cash received while playing PayDay(r)

    That I have to declare my tax status to the IRS when I finish the game of Life(r) and retire?
    • Re: (Score:2)

      That if I get a monopoly in Monopoly(r) that my future games have to be government regulated?

      If you sold one of your monopolies (or any other asset) in game to another player for game money, the IRS couldn't care in the least. If you were to accept re

  • so, does this mean I can deduct (Score:4, Interesting)

    by way2trivial (601132) on Thursday October 19 2006, @12:54PM (#16504481) Homepage Journal
    -my internet connection, my computer purchases, software purchases, etc???
    • IANAL and IANA Accountant, but I believe if you "make money" off of a hobby, you 1) have to declare the income and 2) can deduct the actual expenses.

      Making money by monetizing game assets is no different than making a profit by buying and reselling items o
  • The only things certian in Life are Death, Taxes, and Server Crashes. Second Life, that is.
  • The government has a hard enough time tracking down money laundering in the real world, if they made a tax on virtual items it would simply put a few more hoops in the way of people who want to get real money out of it. IE They would launder it. The peop
  • Taxes should apply as normal to real money paid for access to objects in environments.

    You already do this when you purchase Microsoft Products. You don't buy anything but rights to access the code under specific conditions.

    The only thing needed to track is
  • Ridiculous (Score:4, Interesting)

    by festers (106163) on Thursday October 19 2006, @01:40PM (#16505383) Journal
    According to Blizzard, I don't own anything inside of the World of Warcraft. Why the hell would I be taxed on property that belongs to someone else?
    • Re: (Score:3, Informative)

      According to Blizzard, I don't own anything inside of the World of Warcraft. Why the hell would I be taxed on property that belongs to someone else?

      I believe they are saying that while the items in the game don't have value, your time spent acquiring them

  • It's like taxing for sex (Score:3, Interesting)

    by ConfusedSelfHating (1000521) on Thursday October 19 2006, @01:48PM (#16505533)
    Your wife or girlfriend's body is not for sale. However there are some people who would pay money to sleep with her. Only losers use prostitutes, but it takes bigger losers to pay real money for online equipment and characters. The fact that you have no intention of paying for it doesn't matter. It only matters that somebody would.
  • Revolution (Score:3, Insightful)

    by Zugok (17194) on Thursday October 19 2006, @01:59PM (#16505757) Homepage Journal
  • KOL (Score:2)

    They can tax my Meat when they pry it from my (Cold Damage), Beaten Up(3), (eXtreme Mittened) hand.
  • Simple Solution! (Score:3, Insightful)

    by vertinox (846076) on Thursday October 19 2006, @02:25PM (#16506279) Homepage
    Just have your friendly GM go into the MMOG and magically make Gold just for the government.

    Might be a problem with inflation if those IRS agents decide to buy mounts.
  • 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,

    How the heck would the government spend a few Neopoints from Neopets?

    Mayb
  • The tax is fair (Score:4, Funny)

    by SpacePunk (17960) on Thursday October 19 2006, @05:23PM (#16509363) Homepage
    If the IRS accepts payment in game plat, gold, credits, isk, etc...

  • movie scarface...

    WTF kind of artform have we created?
  • Under current law, Saxton said if a transaction takes place solely within a virtual world there is no 'taxable event.'

    On the other hand, reporter Julian Dibbell wrote an article on whether gamers should pay real-world taxes on virtual treasures [legalaffairs.org] and got a

    • Re: (Score:3, Funny)

      I don't play, so I could be way off on this analogy. I'd like to think of it like savings bonds. They accrue interest, but you only get taxed when you cash out. You can inherit them, pass them around, give them away, whatever, they're only worth is pape
      • Collateral - perhaps (Score:3, Insightful)

        Suppose I'm in the business of making MMRPG items and selling them in the real world. I'm a very small business netting $5,000/month for the past year and a half after taxes.

        I decide to expand. I could expand slowly, hiring one talented game-player then,
        • Re: (Score:2)

          Currency transactions can easily be taxable, there are many people who trade currencies like other might trade stocks and bonds. When I was stationed in germany, the rise and fall of the Mark compared to the Dollar was generally predictable, German compani
    • Re: (Score:2)

      Two people making a sale in a game taxed? What are you kidding? It is a game.

      Could you imgaine having to pay sales tax on Baldic Ave or income tax on park place everytime you play monopoly? Does it make a difference if it is a computer version? How about i
        • Re: (Score:2)

          I don't see the difference.

          The winning card for a mcdonalds monopoly game that only gives a free bigmac or supersizes any value meal free is worth the price of a big mac value meal upgrade. Does it then count as income because someoen gave you the equivil
    • Re: (Score:2, Insightful)

      If they tax virtual currencies then we should be able to deduct all of our expenditures on video games, computers, game consols, Internet connections, TV, Stereo, game controller, and any other equipment/services that we use to play the games. After all, w
      • Re: (Score:2)

        Taking it to the next level, wouldn't that mean your in-game characters get to vote for representatives? That could get interesting. Also, will the government be making infrastructure investments in the virtual world, such as streets and sewers? I would th
        • Re: (Score:2)

          I would think the citizens would expect something in return for their tax money. I'm sure politicians haven't thought this far ahead, as their only concern is getting their greedy paws on yet another pile of money.

          A slight clarification: ... as their only
    • That's why you have to pull all of your money out of banks when you get sick enough and liquidat everything else. Cash is hard to trace as long as your heirs do not have an affinity for blind. It mean, it only makes sense, right?
    • Re: (Score:3, Insightful)

      If I die and leave a taxable estate, you can bet that the government wants their hands deep in my pockets to extract their pound of flesh, even if there is no actual money changing hands.

      Just ask any farmer with land holdings.

      There are significant

      • Re:No value? (Score:4, Informative)

        by |/|/||| (179020) on Thursday October 19 2006, @02:04PM (#16505873)
        Exactly. Anti "death tax" complainers always trot out the hypothetical situation where the family loses the farm, and therefore conclude that we shouldn't tax inheritance. I would like to suggest that, instead, we just raise the limit. Let's make it, say, 100 million. Anybody who inherits a farm (or anything else) worth more than 100 million dollars cannot seriously complain about having to pay taxes. That limit may sound awfully high, but the real point of estate taxes is to prevent families from becoming gradually richer and richer over generations in order to become an aristocracy.

        Oh, and before anyone laughs their way to the bank, the kicker is that anything above 100 million is taxed at 100%. All of it. Bill Gates dies, he can't leave more than 100 million dollars worth of assets to any one person. Bill can't take it with him, and nobody who complains about inheriting *only* 100 million dollars can possibly be taken seriously. Here's a giant leg up over everybody else - if you want more you have to earn it.

        [ Parent ]
        • Re: (Score:2)

          People tend to learn via reward and punishment, and a 100% tax would most certainly be punitive; why would you punish people for being successfull and reward them for being failures? The other point is that the inheritence is being inherited, with your sys
          • Re: (Score:2, Insightful)

            I saw a really interesting interview with William Gates II, of all people, who is probably the most vocal proponent of the estate tax. The point that struck me was the whole issue of language, and how the republicans were winning the debate because of the
            • Re: (Score:2)

              Anyone in a position to pay the estate tax who has the gall to openly complain about it should think long and hard about the society we have, and the condition in which most of humanity exists elsewhere.

              Perhaps the one reason most of humanity is in the con
          • Re: (Score:3, Interesting)

            Money isn't real, it's a social contract. The estate tax is an economic corrector that prevents the growth of an aristocrat class that is forever rich and never has to work. Wealth accumulates without work when interest is better than inflation. It is not
      • Re: (Score:2)

        I am by no means a Bush supporter or wealthy by any standard, but I do oppose the estate tax. The reason for opposing it is because the contents of the estate are assets that have been accrued AFTER taxes have already been taken. What REALLY needs to be
        • Re: (Score:3, Insightful)

          The reason for opposing it is because the contents of the estate are assets that have been accrued AFTER taxes have already been taken.
          ...
          the assets [are] double-dipped when the death bell tolls.

          They aren't "double-dipped" they are taxed as they mo

      • Re: (Score:2)

        The estate tax is bad fiscally because it's negative impact on the economy, wasted money spent on estate lawyers/accountants and financial schemes for avoidance, is way out of proportion to the actual tax revenues gathered. In comparison to other taxes, th
    • Re:No value? (Score:5, Informative)

      by hey! (33014) on Thursday October 19 2006, @04:05PM (#16508275) Homepage Journal
      If I die and leave a taxable estate, you can bet that the government wants their hands deep in my pockets to extract their pound of flesh, even if there is no actual money changing hands

      Huh? If you take your money and use it to fire your funeral pyre, nobody will be taxed. If you transfer it to somebody as an inheritance, then that person is taxed -- not you. You're dead, so you can't pay taxes.

      Now, with respct to family farms, lets go over this one last time; the fact is very, very few people inheriting farms or even family businesses pay the estate tax.

      Figures from the IRS in 2004 show that in that year, across the entire United States, there were only 440 estates where the majority of the value was in a family farm or business. This was 2% of all estates taxed in 2004. There were a total of around seven thousand estates that had some business or farm component, except for the 440 mentioned above, all these estates were made up of a majority of liquid assets. Presumaby in in the 95% of the cases where business/farm estates consist of a majority non-business assets, the inheritor can keep the business by liquidating some of those assets.

      But what about those 440 estates? How many small familiy farmers in this were put out of business? Probably none or very few.

      Of those 440 estates, the vast majoirty (the 350 valued at $1.5M to $2M) paid a rate of 1.6%. I'm leaving out estates of less than $1.5M because they pay 0%. So if you were a family farmer or small business owner who inherited a $2M estate, you'd have to come up with $32K. Assuming you came to this with no liquid assets of your own, and received no cash equivalents in your inheritance, that's a lot of money. However even in this worst case, it wouldn't be difficult ot raise $32K with $2M of collateral, if you have a half way viable business.

      Republicans like to argue as if everybody paid the top rate of 47%. How many farm or business estates paid this rate in 2004?

      None.

      The highest rate paid on any business or farm estate in 2004 was 22.2%; this was paid by a grant total of 30 estates in the entire country, each of which was valued at over $20M.

      It is possible that some of these 30 inheritors had to sell the family business. However as these would net over fifteen million from the sale, they are not exactly starving.

      Now, those figures are two years old. What about family farmers today? Well, as of 2005, the exemption is $2M. And if you are a farmer, you get to exclude the value of your land and equipment before you start counting towards your $2M exemption.

      By the way, notice how assiduous congress is in raising the exemption for estates from $1.5M to $2M, and how it contrasts with the lack of inflation indexing on the alternative minimum tax, which more and more middle class people pay. Adjusted for inflation the $100,000 benchmark used in 1970 would now be more than 5x as much in current dollars. The people at the lower end of the AMT range don't have anything like the tax shelters that people making over half a million do.

      So, this year we can expect only 200 or so farms to come under the estate tax, and that will only apply to cash, not the farm or equipment, and only cash over $2M.

      Now you can argue the estate tax is bad policy. You can even argue that the estate tax is morally wrong. However, you can't argue that the estate tax is bad policy or morally wrong because it puts small farmers and businessmen out on the street.
      [ Parent ]
          • Re: (Score:2)

            There are some transactions that result in no real movement of money. I work for my employer, who pays me via direct deposit. Their bank balance goes down and mine goes up (all on a computer somewher). I go and buy a song off iTunes, paying with my credit
    • Re: (Score:2, Insightful)

      by Anonymous Coward
      They already do.

      If you (in the process of violating the terms of service) sell virtual items on eBay, it's income, and you're obligated by law to report it on your filings at the end of the year.

      This is hoopla about taxing in-game currency. Basically, ever
      • Re: (Score:2)

        What some of the economics yahoos and politicians always overlook is that these online worlds tend to be very transitory. 3 years ago, Everquest was a big deal. Now, whatever you had in Everquest is pretty much worthless. So if you did start taxing all
    • Re: (Score:3, Insightful)

      Yes, but then it's real cash and a real transaction. Without a real-life transaction, it's worth nothing. You turn off your account and it disappears. Your house doesn't disappear when you move out, someone else gets it. It's real.
      • Re: (Score:2)

        I could build a 3500 sq/ft house with 4 bedrooms and 4 bathrooms out of $85,000 worth of materials, live in it for 10 years, and disassemble it into its requisite components which are now worthless and shipped to the landfill... The government would still
          • Re: (Score:2)

            You're right. I was just playing devil's advocate...

            They do tax stock options as a capital gain though, even though no hard currency or goods have changed hands.
              • Re: (Score:2)

                Stock options have a value that is readily available in the market place or through options pricing models.

                You imply that virtual goods do not. If they don't, obviously they can't be taxed, but the implication is that you can easily determine these items m
        • Re: (Score:2)

          A quote, apparently from IRS publication 525:
          "If you steal property, you must report its fair market value in your income in the year you steal it unless in the same year, you return it to its rightful owner"

          Pulled from http://www.legalaffairs.org/issues/J [legalaffairs.org]
          • Re: (Score:3, Insightful)

            I think the Chinese Gold Farmers would disagree with you there. They make a lot from the equivalent of doing that.

            That you choose not to do it for profit doesn't mean it can't be profitable.
    • Who do I vote out of office? Give me a f-ing ballot. Who do I vote out of office? Gimme a name. Gimme a name!
      I know this is off topic, but I think the voting system should be changed so that you can cast negative votes. Basically, you don't care who g
    • Do I get to count losses (due to player theft or otherwise) against my taxes owed as well?

      Only to the extent of income, and only as an itemized deduction.