If 1996 is the year of moral panics and Regulating
Cyberspace, 1997 may well be -- probably should be --
the year when the tax authorities panic. Mike
Holderness explores the possibilities...
Slipping through the tax net... netting out the tax slip...
It's the first of June 1998, and moral dilemma time.
Late in 1996 you created a neat computer program, and
made it available as shareware on the net. You were
rather surprised at the number of people who downloaded
it. In mid-1997 you posted a newer, shinier version on
your Web-site -- and charged each person who retrieved
it just 0.20 e-dollars (e$). Today you retrieved your
statement: your e-cash account contains e$60,000. Today
you also, finally, got around to starting work on your
1997 tax return. Do you include your e-dollars as
income?
Of course you could, at the moment, immediately write
almost all of them off again.
What can you spend e$ on?
Information: retrieving this article as a reminder of
the argument, for example. Or doing a Web search for
all pages mentioning "tax" and "e-cash". Such searches
may be free at the moment, but don't bet on them
staying that way when advertisers start to push
inflated Web rates down...
If you'd done that search in early April 1996, the very
first item to show up would have read: "Anguilla
Internet Business Services Ltd can provide you with
everything necessary to startup [sic] and operate a
business over the Internet from Anguilla. Anguilla is a
zero-tax jurisdiction." Someone's ahead of you.
But why go to the trouble of setting up in Anguilla,
unless you have a burning desire to pay $4000 down,
$500 a month and 5% of sales to a bunch of offshore
lawyers? Your e-cash exists only in cyberspace.
Probably -- but this is a very big question for the net
in 1996 -- it's entirely anonymous.
On the one hand, electronic commerce as it exists now
conjures a nightmare of total surveillance. In the US,
where the middle classes often only carry cash to have
something to give the muggers, vast amounts of
information on people's transactions is held in credit
card computers.
American Express, for one, is investing in neural
network technology to try to decide who's going to buy
what big-ticket item next. If you use an Amex card to
pay for "What Cruise?" magazine and a Concorde ticket,
don't be surprised when the cruise companies come
knocking on the door.
On the other, a very strong privacy lobby is likely to
ensure that e-cash is to some large extent private (see
"Two versions of the future").
The prospect of some hacker (or tax inspector) asking precisely why a
bachelor MP was ordering condoms at precisely 02:13 on
February 29, 1997 may win this lobby some support. In any
case, if the privacy lobby doesn't like whatever turns
out to be "official" e-cash, it can always build its
own -- though that raises some interesting questions
about exchange rates.
So: your work involves producing goods and services
which can be sold directly over the net, and within a
very few years a large part of your income is in e-
cash. You don't actually know how much of it is
"exports" -- in the sense that the person buying your
wares is officially a resident of another state. In any
case, some of your wares were distributed from a server
in Finland, others from the USA and yet others from a
mirror site in Australia. Some of the work you did in
the UK, and some while on an extended visit to your
sister in Bangalore. Some of the computer records which
represent your e-cash balance are physically stored in
the USA, and some in the Netherlands. And this is just
the early stages.
It would seem that, if you followed the Real World
model of financial reporting to the letter, you'd have
to produce a mountain of paperwork. It'd be much easier
to let your pile of e-cash remain virtual, from the
Real World's point of view and the tax collector's.
Even if the Inland Revenue understood what you were
doing, it'd probably cost them more to track your
activities than they could get from you.
Of course, since you work most of the time from home in
the UK, you have an enormous phone bill to pay off.
(You're thinking of moving to a more civilised
territory where you pay for local calls like you pay
for the internet, by the month rather than by the
second, but that's another story.)
Neither BT nor Mercury yet accepts e$. So you convert
some of your e$ into pounds sterling to pay them. At
this point you have a transfer into your Real World
bank, and you have to declare it as taxable income --
and then, of course, write most of the phone bill off
as a business expense. For the moment, you pay for
food, housing and entertainment out of your remaining
Real World income.
You foresee a time in the not-too-distant future when
almost all your income is in e$. At that point, you'll
practically be able
to decide your taxable income. You
could become an ascetic nerd, whose Real World
expenditure is limited to rent, food, fuel and
telecommunications.
In any case, the entertainment you and yours find in
cyberspace is tax-free; but when you get screen fatigue
and run screaming to the pub or club, you not only have
to pay VAT and sin taxes, but also have to convert some
e$ into taxable pounds. Of course, you leave your
savings in e$: you're already exploring cyberspace
investments.
Your few remaining colleagues who have the benefits of
employment have always had an irrational jealousy of
the supposed freedoms of self-employment. But now they
have more cause to be jealous: all their income remains
taxable. Their employers are raking in the e$ from your
colleagues' work; but their employers are very likely
to be multinationals, and they've been
shunting profits electronically
to the most "tax-efficient" location for decades.
For the new class of net-entrepreneurs, as for the
multinationals, progressive taxation of income is a
thing of the past. The whole idea of (at the most
cynical) maintaining social stability by taxing higher
incomes more, to provide a safety-net for the poorest,
is now in trouble for technological as well as for
political reasons. Since the poorest and their children
are excluded from being net-entrepreneurs by the cost
of the hardware they need just to learn what it's all
about, this looks like a recipe for an unholy social
mess, to say the least.
Rather than trying to chase down every last e$,
governments with a social conscience would do better to
re-think the basis of taxation. (Governments without a
social conscience are going to have to find a way to
pay the army, anyway.) As things stand, taxes on
expenditure are by and large regressive -- in that
poorer people end up paying a larger share of their
income in tax than richer. But it shouldn't be beyond
the wit of humankind to devise a progressive system --
and then to deal with the "presentational questions" of
consequences like a 70% VAT rate on Mercs.
And if that hasn't got the tax people in a tizzy,
there's the little matter of Artificial Intelligences.
How long will it be before they start earning money in
their own right -- at which point the argument over
whether they're truly intelligent may fall to
utilitarian considerations? They will have Real World
expenses -- rent, fuel and telecommunications. But
luxury taxes are likely to leave them unmoved, at least
until they figure out a way to go clubbing.