How Long Till Virtual Currency Taxation? 166
GameDaily has a piece on the thorny issue of taxing virtual currency. From the article: "The current tax law has a clause, #525 to be exact, entitled 'Taxable and Nontaxable Income.' This verbose, meandering clause describes all manner of abstract (legal, illegal and otherwise) means by which you can earn income. Some of these obscurities can only be taxed by the speculative and vague term, 'fair market value.' ... This clause also includes a statement about goods acquired through barter or won (prizes or cash) in a game. Technically speaking this means those 'earnings' are taxable the very moment someone comes into possession of them, regardless as to whether or not they are sold for money. While no one knows the exact worth of all the virtual assets floating around the MMO gaming-verse, estimates for the sale of these goods range as high as $880 million a year. Step back and think about that for a minute... EIGHT HUNDRED AND EIGHTY MILLION! That's a crapload of real world money! Money made during what can be considered the infancy of the genre. Can you imagine how exponentially greater this amount will be in a few short years? "
Someday But Not Yet (Score:5, Informative)
Taxing in-game earnings has come up before and it'll come up again. In the U.S., the Internal Revenue Service will eventually take notice of the phenomena when someone who makes lots of real-world money by selling virtual goods gets audited by an ambitous Revenue Agent. Until then, unless you're actually converting virtual goods into real greenbacks, there's not much to say on the subject. Any scaremongering about taxable events occurring inside a game is just FUD. It may be fun to talk about, but I notice that no one has yet made the news after obtaining a private letter ruling. Until someone sparks a written determination from the IRS [irs.gov], this is really a non-issue. Someday it'll be an issue, but not for a while.
In this case, the EULA is good... (Score:2)
Blizzard owns the character. Blizzard owns the character's gold. Blizzard owes the taxes, if any, on the gold. Not you. Conviently, since it is just bits on a server that Blizzard owns, and the fact that Blizzard does not sell those bits (they sell access to the bits) they could easily argue that the value of the bits is $0.00 and tell the IRS to stuff it.
The IRS could get away with hitting up a gold seller if the gold seller didn't
On the other hand... (Score:2)
Re:On the other hand... (Score:2)
Re:On the other hand... (Score:2)
Next thing you know, oil derricks are going up everywhere and the Auction House is being policed for contraband. Elves in tinted sunglasses and black suits are on the street corner tracking a gnome who is notorious for selling faulty dynam
Re:On the other hand... (Score:2)
As long as they set it up as a Wildlife Orc Preserve with hunting rights to all Alliance, that'd be fine with me!
Don't forget the sign: 'No totems allowed on premises!'
Re:is it simpler than it seems? (Score:2)
That would be the easiest way, but depending on how developed these virtual economies become, it may someday be possible to use these "currencies" without first cashing out. If/when you can exchange WoW money for real-world goods or services - i.e., by spending some of your gold (or whatever - I don't play WoW) at Amazon to buy a book - then the IRS will surely perk up and take an active interest, as income from what's effectively a barter system is definite
Re:is it simpler than it seems? (Score:3, Insightful)
No, that's where the scaremongering comes in. Some transactions (and the myriad rules on such subjects are what keeps tax lawyers employed) are taxable when they occur, not when you finally cash out. So if you earn some magic sword that you could sell for USD$5K real-world dollars, it may be the case that you should be taxed on that USD$5K of income right now, before you sell it. Maybe.
Until such transactions become commonplace, however, nobody's going
Re:is it simpler than it seems? (Score:2)
Or if we end up in a situation where the government owes lots of money and its leaders come down on the revenue generating parts to find more money, fast...
Re:is it simpler than it seems? (Score:3, Interesting)
If the market for those items were considered robust enough (not sure how you'd measure that), I'd say you're very likely going to be taxed at the time of acquisition, not the time of sale. Just like winning items on a game show, it doesn't take the sale of those items to generate a taxable event, merely the acquisition
Re:is it simpler than it seems? (Score:2)
Re:is it simpler than it seems? (Score:2)
I think the larger scale concept is that it should be treated like the real world - you work day to day job in game, you pay income tax - you buy products, you pay Sales Tax/VAT.
The thing is, none of this could really function as every game is like a 'country'... it has it's own money laws and systems just like the US has it's own. I feel it should just log how much goes in
Re:is it simpler than it seems? (Score:2)
This would be very easy to enforce: you only need to tax the companies that let you trade virtual currency for real currency (or goods). Any exchange, no matter how trivial, would be subject to such a "tarriff".
It sounds like a nice clean solution. With the international nature of virtual worlds, independent gove
Re:is it simpler than it seems? (Score:5, Insightful)
Re:is it simpler than it seems? (Score:2)
Right now, if Microsoft donates a million copies of Windows to various school systems/businesses/homeless people/wherever, do they get to deduct it? Even though it essentially only costs them a lost opportunity to sell that particular copy of the information?
Re:Someday But Not Yet (Score:3, Funny)
I'm paying taxes on my phone bill. (Score:2)
And on my internet bill. And airline reservations. And electricity (nothing produced, just electrons moving back and forth.) When I buy software for download.
Re:Someday But Not Yet (Score:2)
If that were true, waitstaff wouldn't have to pay takes. The tax is on income, not the actual service. Things like sales tax might not apply, but the money itself is taxable.
Re:Someday But Not Yet (Score:2)
It all depends on how much you make from it and whether or not the IRS will even bother taxing you. In truth, you must file every time you win $100 in a friendly poker game at your friend's house. But if you dont file it, the IRS is not going to notice that you are living outsi
Re:Someday But Not Yet (Score:2)
While I agree with you, I think you slightly missed the point. The income taxes you pay have absolutely nothing to do with what you do, it is based on the money you receive for your job (income). The fact that you provide a service doesn't enter into it unless you are or are not cha
Re:Someday But Not Yet (Score:2)
Re:Someday But Not Yet (Score:2)
I program for a living and pay taxes. Doctors pay taxes. Even astrologers pay taxes. If it's income, it is subject to the income tax.
You're just able to get away with cheating on your taxes. If you ever make enough at this to get noticed during an audit you should consider filing it as a business. At least then you could write off expenses.
Re:Someday But Not Yet (Score:2)
If you've been neglecting this, you can ammend your return for up to 3 years (IRS can get for problems up to 10 - isn't that sweet), so if you've not been counting these things, you might want to consult an account
When it becomes more mainstream (Score:2)
Re:When it becomes more mainstream (Score:2)
LOL, oh the image that gave me...I'd love to see Democrats and Republicans goin at it in WoW. Imagine Bill Frist complaining about server down time and Chinese gold farmers on Fox News. That would be a strange world indeed.
Have you seen last week's BusinessWeek? (Score:2)
The real question isn't the IRS's awareness - it's the amount of virtual money being turned into real money. I doubt you will see taxation of in game transactions, but sure real world money earned through virtual sales is taxable income. In the case of something like Second Life or Sony's Station Exchange you could argue that any
I can see it all now... (Score:5, Funny)
Re:I can see it all now... (Score:3, Funny)
> l in corpse
You find 10 gold coins. IRS collects 2 of them.
Re:I can see it all now... (Score:2)
If the IRS only took 20% of your income, you'd be doing pretty well. I imagine any tax on gold would be progressive:
You find 100 gold coins. IRS collects 32 of them.
You find 1000 gold coins. IRS collects 460 of them.
Re:I can see it all now... (Score:3, Funny)
Re:I can see it all now... (Score:2)
How many gold coins is that? Better yet, how many Rugged Armor Kits is that?
Re:I can see it all now... (Score:2)
Re:I can see it all now... (Score:2)
Oh, man, I don't even want to think about the paperwork necessary to pay taxes to both Pittsburgh and Paragon City. I'd keep it all in some offshore account, but I'm positive Lord Recluse is skimming off the top...
autosac (Score:2)
What I want to know is... (Score:2)
Speaking of EVE Online... they already have taxes! (Score:2)
It's remotely possible that they fixed it since I dropped EVE like a hot rock a few months aft
Why it won't happen... (Score:3, Interesting)
I think there are a great many things limiting the taxation of this "income." So, don't worry. This will not happen anytime soon.
Re:Why it won't happen... (Score:5, Insightful)
Re:Why it won't happen... (Score:2)
Re:Why it won't happen... (Score:2)
What if your character acquires a bunch of gold and then gets it stolen? Are you liable for your total gain? Or what you had at 12:59PM on December 31st? And if taht, what if you just go bury the gold somewhere and go get it again after midnight?
And what happens if your character acquires a bunch of gold and then your computer crashes, you lose your passwords, and you can no longer log into your WOW account? Do you still pay taxes on that virtual money you
Re:Why it won't happen... (Score:2)
"If you file a virtual W-2, the IRS will withhold gold taxes before you get paid."
"If you elect to get paid under a virtual 1099, there is no withholding but you must pay taxes quarterly including 15.3% for Unsocial Warrior Security (UWS)."
"And if you file a Form 666, the IRS must celebrate a Black Mass while having a virgin recite the Tax Code backwards without error at midnight before they can withhold any taxes. Any mispronunciation, and there is no penalty to
Re:Why it won't happen... (Score:2, Redundant)
Re:Why it won't happen... (Score:2)
Re:Why it won't happen... (Score:2)
Point to the EULA all you want but the fact remains that State and Federal Law trump virtually any EULA.
Re:Why it won't happen... (Score:2)
My point is that they cannot assign an FMV to your items if they technically have no FMV. What you are mentioning is from respe
Re:Why it won't happen... (Score:2)
If you and I do a barter transaction, say you perform some service for me and I pay you in (real world) diamonds, then that moment is the taxable event, not the later time when you actually sell the diamonds. It should be fairly obvious that if you couldn't be taxed on anything until you turned it into actual dollars, there would be a gaping loophole in the tax code. (Example: I arr
Re:Why it won't happen... (Score:2)
Actually, the MMO EULAs I've read have stated that everything on their server is their property. In that case, it's possible that selling virtual
Re:Why it won't happen... (Score:2)
>server is their property. In that case, it's possible that selling virtual
>gold and items to people for real world money is [criminal] fraud since
>you're selling something that doesn't belong to you (and you've in theory
>agreed it doesn't belong to you buy "signing" the EULA at login).
Ehh, you are completely messing up things. The sale you talk about in regard to "fraud" and so on, is the actual sale of something in that
Re:Why it won't happen... (Score:2)
Actually, the IRS is very clear that you're required to pay taxes on income, regardless of if the income was legal. You're also allowed to, for instance, claim deductions for any bribes you've paid, if such things are a normal cost of doing business in your area.
They would have to retrieve account information from the companies running MMOs and then calculate how much money the accounts are worth at FMV.
They'd pro
Re:Why it won't happen... (Score:2)
The real weirdness would be something like property taxes in Second Life. The total valuation of virtual property would have to be a hell of a lot h
Sssshhhh! (Score:2)
So many questions... (Score:3, Funny)
If you destroy a no-drop item can you get a refund?
How bout deductions for funding your own crafting business?
Are repairs business expenses?
So many questions... and why do I think all the CPAs are going to be Druids?
(Sorry, no WoW experience, all EQ1 based references...cept the repairs)
It'd be easier (Score:4, Interesting)
If virtual currency ever gains real value (that is... you'd accept your paycheck in WoW gold instead of cash) then you might see taxation systems required to be in the game. But I doubt that will ever happen (Okay that's 50 gold pieces for the broadsword and I see you live in California so that'll be an 8% sales tax rounded up or 54 gold pieces.)
Re:It'd be easier (Score:2)
INATL, but AFAIK any "collectable" you sell is taxable, at a pretty high rate (28% IIRC), on the entire amount you get for the sale of the item less what you can prove you paid to acquire the item. However, there's a difference between what you're tecnically required to pay taxes on and what the IRS actually cares enough about to inve
True... (Score:2)
IANAE... (Score:2)
There are certainly parallels between virtual economies and certain forms of commododities trading:
So, is an MMO virtual ec
Re:IANAE... (Score:3, Insightful)
There are also, however, some very large differences; the first and foremost being that there is no fundamental scarcity (nor is it desireable to have such) of the virtual items in question, leaving them ultimately worthless.
I suspect the economic effects of allowing interaction between game and real economies may actually be damaging to the real economy; it opens up various speculation effects, and can create massive fraud distortions (for example, say some nasty people en
Re:IANAE... (Score:3, Informative)
Re:IANAE... (Score:2)
>gold are not the owners of the property, nor are they representatives of
>the owners of the property (such as on a stock exchange).
Nor are the "seller" claiming to be the owner or claiming that the buyer will become the owner. The sale is really about a transfer of the item within the game, which actually is perfectly allowed by the ones hosting the game. It is not a sale of any physical property which you seems to think and co
Re:IANAE... (Score:2)
Yes - 100% of contracts are delivered to someone. And that's where your analogy breaks down. All of the actual commodities trades (as opposed to stock market futures and the like) involve a contract for tangible assets with value in the real world. While most of the trades during the life of a contract involve speculators, the contract eventually connects a physical producer with a physical consumer.
The market for
Re:IANAE... (Score:2)
That's true to a certain extent, but the argument could be made that the bits and bytes representing the "+4 Sword of Slashing" are as real as any other software. For example, a software company could have a rented computer on which they store their code and make contracts regarding that code. So, it's possible not to own the "physical" hard drive but
Re:IANAE... (Score:2)
The unique thing about the +5 Sword of Slashing (perhaps as opposed to other software) is that it costs the MMORPG company nothing to make, so there's no control over supply. And unlike baseba
Re:IANAE... (Score:2)
Re:IANAE... (Score:2)
Fine with me (Score:2)
um.. (Score:3, Insightful)
If I trade you two chickens for a goat, are they entitled to take for themselves the drumsticks off one chicken and one udder from the goat? That's stupid.
Almost as stupid as everyone taking it for granted that if I pay you $10 to mow my lawn (or $100,000 to build my house), somehow, the government is entitled to a cut of that payment.
The moment they start taxing my 'virtual gold' I'm paying my IRS bill in WoW silvers.
Re:um.. (Score:5, Insightful)
Do not confuse 'right and wrong' or 'justice' with 'law'.
Re:um.. (Score:2, Insightful)
If I trade you two chickens for a goat, are they entitled to take for themselves the drumsticks off one chicken and one udder from the goat? That's stupid.
While you might not like it, I think you'd like it even less if the other fellow beats the shit out of
Re:um.. (Score:2)
Automobile taxes; gas taxes; license fees for vehicles.
Police get paid?
Property taxes. Income taxes.
Firefighters get paid?
Again, local property taxes.
Public Transportation get made?
Now you're getting into the realm of fantasy spending; I live in a city where "public transportation" is more than 80% subsidized, and while occasionally rush-hour buses are full, *most* buses you see trundling around t
Re:um.. (Score:2)
Roads, police, public transit, etc., could all be funded for a miniscule fraction of what we pay in taxes... and could be done on a local level through non-intrusive things like user fees, sales tax, etc.
Right now, the government in the U.S. consumes more than 5
Re:um.. (Score:2)
The typical answer is to have a police force and a legal system
Re:um.. (Score:2)
Re:um.. (Score:2)
Yes, bartering counts as income (Score:4, Informative)
If I trade you two chickens for a goat, are they entitled to take for themselves the drumsticks off one chicken and one udder from the goat?
Actually, yes. Well, not payable in drumsticks, udders or MMO silver, but....yes.
You'd owe taxes on the excess of the market value of goat over the market value of the two chickens. If equivalent tranactions value the goat at more than two chickens, then you just made a profit, and probably owe personal income tax.
Income doesn't have to be in cash, and bartering counts. An equal trade would probably be counted as a either [Revenue-Cost of Goods Sold=zero Net Income], or a like-kind echange of assets.
Reportable on Schedule C (profit or loss from a business-sole proprietorship), or Schedule F (farm income and expenses)
Re:Yes, bartering counts as income (Score:2)
Re:um.. (Score:2)
At the root, it's because any government that didn't take a cut from it's citizens couldn't compete with governments that did. As a citizen of the Anarchist Dictatorship of RoyStgnr, for example, you enjoy a 0% sales tax, 0% income tax, 0% gift tax, and 0% capital gains tax... but unfortunately that leaves Our Benevolent D
Re:um.. (Score:2)
Re:um.. (Score:2)
The protection that the government gives is a lot like the "protection" that the mafia gives. In that case, yes, we must pay for protection.
Which currency (Score:2)
If they don't provide an official rate you should be free to choose a reasonable rate, as the EULA states they may not be sold one could logically argue the exchange rate is zero.
This may not work where there IS an official exchange rate.
Hype? (Score:2)
Maybe, maybe not. It is just as likely that a few years down the road, we've come back to realizing that games are, first and foremost, games and meant to provide entertainment and fun - not income.
Then again, maybe not. But right now, anyone claiming to know how it'll play out is simply a fool.
Re:Hype? (Score:2)
Why does this sort of thing keep coming up? (Score:2)
Um... (Score:2)
It only has value once sold for real world money. When the player sells their virtual currency on eBay or wherever, someone pays them money for it. That is income, and should be reported and taxed as such. Why the hell do we need special laws for crap like this?
Capital Gains (Score:4, Insightful)
Re:Capital Gains (Score:2)
The answer is very simple (Score:4, Insightful)
To avoid this, simply do not convert your in game assets to real cash.
But what if so many people do it that the taxman decides to attribute a value to ingame assets. What if the taxman would say that a gold piece in game has value.
Well then it is very very easy. Just pay the taxman in goldpieces. IF they are supposed to have a realworld value then you should be able to pay in them.
I think it would open up a can of worms if they would set a virtual to real exchange rate that could not be easily matched. I am not certain how the american tax system works but for instance the value of land is usually not an absolute. It greatly depends on what it is worth on the market and not some fictional market you use to brag about your wealth but what cold hard cash you can get for it today.
It would truly be a nightmare to setup. The goverment would have to constantly check what the real value is of cash in dozens of games. Not to mention that most games have an inflation that makes african countries look well adjusted.
It could happen in theory but I think that the taxman has better things to do. The only people who need to worry is those who make money off their in game wealth. The taxman taxing the money you receive. Wow, what a concept!
Monopoly (Score:2)
Constantly saying that the IRS is going to tax in-game transactions is just scaremongering. You can consider it taxiable income once its converted into real-world cash and thats what would be seen as the transaction. Saying that any changing hands or acquisition of anything wh
Thoughts from an accountant... (Score:2)
Since the article is focuses on U.S. tax theories, this post will as well.
Publication 525 [irs.gov] is what the article refers to when it mentions "tax law...clause #525". This IRS publication is put out to help taxpayers interpret various code sections, case law, and the fundamentally vague term "income"
In general, "income" has been spoken about by the courts as an increase in economic position, and if this increases, the tax man wants a piece of it. This includes amounts paid to you for the services of your
Gave up online economies-- now you know why (Score:2)
In general, I
To a some extent, it's a non-issue (Score:2)
Chris Mattern
I really wish this meme would die. (Score:2)
Yes, both involve currency. Both involve game transactions. Hell, you could even slip another player $5USD for a few of 'his' monopoly bucks, or gold pieces, or whatever.
Never, at any point, do you, the player, own the monopoly dollars, nor your WoW gold, or anything of the sort. For the entire duration of your time playing at Rob's house, Rob still owns every monopoly dollar; for the entire duration of your time playing WoW, blizzard owns your gold. You
Re:I really wish this meme would die. (Score:2)
You don't declare your Monopoly winnings? Call the IRS!
Re:I really wish this meme would die. (Score:3, Insightful)
You never own 'your' game money. As such, you can't be taxed on it.
What you say actually applies to real money too.
People trade "real money" for WOW gold because they believe that it has some value for them within WOW.
People trade their labor for "real money" because
most excellent (Score:2)
I can delete my 4 accounts and claim a huge loss to offset my taxes....
How about
They can tax it at FMV when it counts toward my assets for a loan? The credit union doesn't believe i have all that gold
Wrong Paradigm, don't think goods, think Services (Score:2)
The same thing is true of when I do contract programming. I never sell the end product, I instead sell my services, paying taxes on the income. When I program for myself, there is no income and no tax.
For a more blatent example, there are people whose job it is to open doors and answer questions,
In Other News . . . (Score:2)
Seriously, though. Since it would be virtually impossible (like the pun?) to track all the magic swords and other assundary virtual objects, the more cost effective way for the government to manage this is via point-of-sale and income tax. That is, Ebay and other online payment systems will need to track all those l
Double-edged sword (Score:2)
Re:Extrapolation to $880 million a year is bogus (Score:2)
That's why you see things like "EIGHT HUNDRED AND EIGHTY MILLION" in virtual currency, or "PS3 TO COST $900 TO BUILD", etc...
it's legal in some games (Score:2)
Re:so what? (Score:2)
The virtual real estate baron on second life DOES declare her rental income in second life. It's more clear there though, because she cashes it out of the