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Virtual Economies Attract Real-World Tax Attention

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."

40 of 247 comments (clear)

  1. Finally. by Hubbell · · 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 year or two afterwards.

    1. Re:Finally. by SatanicPuppy · · Score: 5, Interesting

      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.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    2. Re:Finally. by Anonymous+Cow+herd · · Score: 3, Informative
      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

      --
      Ita erat quando hic adveni.
    3. Re:Finally. by truthsearch · · Score: 2, 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 the government will either tax the virtual world and trading companies or force them to report payouts. Don't be surprised if in the next few years they ask for your SSN. I recommend getting an alternate tax ID if they do enforce reporting and you still want to make transactions.

    4. Re:Finally. by mysidia · · Score: 2, Interesting

      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.

      Income Tax. For US citizens, the government has a tax for your worldwide income.

      I for one am concerned of the possibility they might deem your exploits in-game to be taxable income, payable in US dollars, for instance, the moment your character enters the game, slays a boar, and gets 200 gold pieces off the corpse, that generates an earned income taxable event, and possible self-employment tax liabilities.

      The amount of income depends on the going rate of how much the asset a 'gold coin' sells for by other players who have been selling them.

    5. Re:Finally. by Typhon100 · · 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 boars that drop 200g!?!?
    6. Re:Finally. by mysidia · · Score: 2, Insightful

      Hm.. I think the trade of the gold for a sword may separately be taxable as barter exchange, oh boy -- you may note, that income from barter or exchange is not deferrable for tax purposes, beyond the end of the year, and estimated payments may be required.

      Otherwise, you could start a consulting business and delay taxation of your business profit, by having your customers pay you in Barrels of Whisky, Japanese Yen, instead of dollars, E-gold or World of Warcraft money. But according to the IRS, the income is taxable immediately, all the same.

      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)

      Problem: when you slay the boar and get the gold, it's not a matter of something increasing in value.. it's a matter of you working and earning, acquiring control over a new possession that already has a market value at the time you earned it, that's what might get taxed, as an ordinary income asset, instead of a gain from selling a capital asset.

      (The virtual currency did not start at a value of $0 when you acquired it, if there was already a market for the item.)

      I know that once you already have the asset, the gold, it will be considered a capital asset (unless you are a dealer, and the thing is part of your inventory), I know future changes in value after you acquired it won't be taxable, until you sell.

      I think there is a possibility the gold you acquire could be determined to be ordinary income property, at the moment you acquire it: much like a non-qualified stock option grant, may be taxed: if you're a treasure hunter, and you find a stash of USD, that's taxable, if you find gold, that is taxable also.

    7. Re:Finally. by default+luser · · Score: 2, 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 considered self-employment, and is subject to federal and (in some states) local income taxes.

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

    8. Re:Finally. by KDR_11k · · Score: 2, Interesting

      Problem: when you slay the boar and get the gold, it's not a matter of something increasing in value.. it's a matter of you working and earning, acquiring control over a new possession that already has a market value at the time you earned it, that's what might get taxed, as an ordinary income asset, instead of a gain from selling a capital asset.

      Yes but all items remain property of the server operator so you're just renting that gold (and your entire character).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  2. Well by Kelz · · Score: 4, Funny

    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 explicitely states that Linden dollars have no legal value, also trumping any sort of tax law.

    But then, neither was the income tax...

    1. Re:Well by drsquare · · Score: 4, Insightful

      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.

    2. Re:Well by tubs · · Score: 2, Interesting

      There was a case of that in the UK, an architect was bribing officials - one of the reasons they managed to "get him" was that he recorded all his bribes and used them for tax deductions.

      The Treasury said that yes, that is correct - bribes are tax deductable if they have the correct reciepts.

      http://www.guardian.co.uk/comment/story/0,,393135, 00.html - Looks like even if a Tax officer finds the bribe, they are not allowed to inform the police.

      --

      try to make ends meet, you're a slave to money, then you die

  3. Gov't Regulation by DrWho520 · · Score: 2, Funny

    Dear God, no! Not that! Engineers will never be able to keep up with the Alchemist or Taylor lobbiests!

    --
    The cancel button is your friend. Do not hesitate to use it.
  4. Losses by mugnyte · · Score: 3, Funny


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

    1. Re:Losses by Morphine007 · · Score: 3, Insightful

      yeah, seriously. If you "invested", say, $10,000 worth of online currency into, oh... I dunno... this 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?

    2. Re:Losses by Gorm+the+DBA · · Score: 3, Informative
      -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)

  5. Holy crap it's the Grinch! by Deliveranc3 · · Score: 2, Insightful

    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!

  6. Time for a new Classes and professions by LiquidCoooled · · Score: 5, Funny

    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 :(

    --
    liqbase :: faster than paper
  7. Re:Congress strikes again by generic-man · · Score: 5, Informative

    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, or even illegal activity. The second you get U.S. dollars for your work, the IRS gets to claim a chunk of them.

    --
    For more information, click here.
  8. Another step towards blending games into reality by tont0r · · Score: 3, Insightful

    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?

  9. Ummm.... by porkThreeWays · · Score: 2, Interesting

    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.

    --
    If an officer ever threatens to taze you, say you have a pacemaker.
  10. Um, Duh? by Omega · · Score: 2, Interesting
    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.

  11. Yeah, but by Lord+Kano · · Score: 3, Interesting

    Is it considered earned income or a capital gain?

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

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  12. Re:yay! by ackthpt · · 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?

    --

    A feeling of having made the same mistake before: Deja Foobar
  13. deduct your expenses!! by amigabill · · 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 of your electric bill to power the computer. Maybe part of that nice new desk, chair, and all that too. If they want a tax, they better recognize the business expenses we're ging to to create that income, virtual or not, and if they leave the deductions part out of this weird tax law they better be ready for a virtual revolution.

    I wonder when Monopoly will stat coming with a per-game tax too...

  14. Given that most gold farmers appear to be Chinese. by Channard · · Score: 2, Funny

    .. I don't think this will have as much impact as they think.

  15. Ebay is the key by ackthpt · · 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 year or two afterwards.

    You, nor many others are really getting it. They're not going to tax your stuff in game, they're going to figure out how to shackle eBay with a scheme to report all your personal sales to the IRS, then tax you on them. Won't matter whether you're turning a profit or not, they'll want a cut of it.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Ebay is the key by Free_Meson · · Score: 4, Informative

      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.

  16. Taxation, good luck by Shihar · · Score: 4, Insightful

    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.

  17. Re:Congress strikes again by IAmTheDave · · Score: 2, 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..."

    --
    Excuse my speling.
    Making The Bar Project
  18. Re:Congress strikes again by SatanicPuppy · · Score: 3, Insightful

    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.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  19. Re:Not True by Maxo-Texas · · Score: 3, Insightful

    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.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  20. Mod parent insightful by davidwr · · Score: 2, Funny

    He's wearing a Helmet of Insight +5.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  21. Re:Congress strikes again by CerebusUS · · Score: 2, 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 the total tax paid.

    If you make $20K /month in Second Life, hell yes you should be required to pay taxes on that. But you'll be able to deduct the cost of your internet access, computer depreciation, office space rental, etc. from the gross income.

    The IRS isn't going to worry about people making $20-100 / month online doing this stuff... they are going to go after the bigger fish.

    As an aside, most people know that the money you win gambling is taxable, typically at a fairly high rate. Most people I've talked to, however, didn't realize that if you keep your reciepts from when you lose, you can mark that as an expense against your winnings to reduce that tax.

    All this being said, IANATL, so check with a specialist :-)

  22. Does this mean... by Samurai+Cat! · · Score: 2, Insightful

    ...those folks can write off their WoW account fees, and depreciation on their computers, etc. as "expenses"?

    --

    "People" using "unnecessary" quotes should be "shot".
  23. Canada kicks butt by Kombat · · Score: 2

    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." If you won $600 in casino chips, then lost $500 of those chips, and cashed out $100, your "winnings" are just the $100. That's what you owe tax on.

    Secondly, you actually can claim gambling losses, but only against winnings. See the IRS website.

    Finally, I'll take this opportunity to plug Canada. In Canada, all gambling winnings are completely tax-free. Also, there's none of this crap about winning $100 million "paid out over 25 years, or you can have a $45 million lump sum." If you win $100 million, you get the whole $100 million, right now. And you don't owe any tax on it. Yay, Canada!

    --
    Like woodworking? Build your own picture frames.
  24. Income Tax is Income Tax by w1cked5mile · · Score: 2, Insightful

    In the event that you have set up a business model that sells virtual equipment/accounts from an online game you would treat your business as you would any other service oriented business. Income would be generated at the time of sale rather than at the time of acquisition of an item since market pricing would provide fluctuations in the value of the commodity. Accounting for your machine, home office expenses, percentages taken for online payment options, advertising, game costs, etc. you would file under a 1099 just like any other independent contractor who provides a service.

    The problem is, the average gamer isn't looking to give unto Ceasar what is Ceasar's since they think it's just a game. It is just a game until you turn a real money profit, at which time you declare income less deductions and pay the percentage for whatever tax bracket you fall into.

    This would not fall under a capital gains (15%) tax since it wouldn't be a regulated investment income or real estate sale. I would dare to guess that virtual estates aren't recognized under tax regs.

  25. Quid pro quo by EZLeeAmused · · Score: 2
    And with the virtual taxes that the government collects, what services will they provide? I forsee:
    • Public works - highways that use 5 times the number of prims that a private highway would use, are unnecessarily and inefficiently scripted, and go nowhere anyone wants to go
    • A standing army - to protect Second Life from hackers (or to invade SWG)
    • Welfare - L$ supplemental income for people who can't script well enough to support themselves.


    --
    Some see the vessel as half full; others see it as half-empty; We pour it out on the floor and laugh
  26. Re:Tax write off by w1cked5mile · · Score: 2, Informative

    As long as you have a viable business plan and show a profit 3 out of 5 years you can. The key is, if you do not show a profit in 3 out of 5 years and count your expenses as loss against your income you are subject to the IRS auditing you. Your business can also be deemed a hobby business in which all the expenses can be deemed unacceptable and you have to pay the taxes plus penalty. Self employment isn't hard. Proving that your hobby is actually a business is over time.

  27. Foreign Accounts by TheoMurpse · · Score: 2, Informative

    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.