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France Proposes a Tax On Personal Information Collection

Dupple writes in with a story about a French proposal to tax companies that collect personal data online. "France, seeking fresh ways to raise funds and frustrated that American technology companies that dominate its digital economy are largely beyond the reach of French fiscal authorities, has proposed a new levy: an Internet tax on the collection of personal data. The idea surfaced Friday in a report commissioned by President François Hollande, which described various measures his government was taking to address what the French see as tax avoidance by Internet companies like Google, Amazon and Facebook. These companies gather vast reams of information about their users, harnessing it to tailor their services to individuals' interests or to direct customized advertising to them. So extensive is the collection of personal details, and so promising the business opportunities linked to it, that the report described data as the "raw material" of the digital economy."

33 of 196 comments (clear)

  1. Hilarious by Rakhar · · Score: 5, Insightful

    While I don't believe this is in any way viable to enforce, I think it would be hilarious to sit back and watch the aftermath.

    1. Re:Hilarious by nickleaton · · Score: 5, Interesting

      There's an interesting change going on. Services, which are basically delivered electronically, can't be taxed. Similarly with lots of IP. Think about it. Who are you going to tax? The consumer, or the producer. Ah, the producer say government. There aren't many of them, so we can get them. Difficult going after the consumer, since they are the ones who vote. Ah, slight problem. We can't go after the producers, if they are overseas. After all, the places where the servers are want their tax cut. If we really went after them, the other countries would retaliate. Not only that, the producers would up sticks, and move their servers. For example, if you use AWS for your servers, you can move them in seconds. Who are you going to tax now? Not only can the server move, the company can move. They will move to lower tax, lower regulation. Same with all IP. So I see IP taxes falling to zero. Far better keeping the employment, rather than driving that offshore. So what are Facebook's assets in France. It's the payments from advertisers. Now under EU rules, there is freedom of movement of goods, services people, and capital. Tough for France, they can't get the taxes. So what's really going on. Basically western states are bankrupt. They have hidden their pensions debts off the books. France is bankrupt, and now its desperate for cash. Any cash, no matter what the damage. However the rich have hopped, over the border to Belgium and Switzerland. Bank of France reported that last month, French banks lost 44 bn EUR of deposits. So a run on France has started. In France the state has educated people they are entitled. Its a right. When that 'right' is infringed, there will be violence.

    2. Re:Hilarious by alexander_686 · · Score: 2

      How would this even work? One bit for every byte?

      (Use your own definition of bit – I like mine as Spanish gold – Others like them as 1s and Os.)

    3. Re:Hilarious by Shoten · · Score: 4, Insightful

      I think its a great idea. Corporations think they can collect and use any data they can get their hands on. Anything that'll make them slow down is a good thing.

      I agree that anything that will "slow them down" is a good thing. But here's the problem: this will actually incent them to further monetize the data they collect. What does a corporation do if they invariably collect personal data as part of their normal business operations, with no intent to share it, but then find themselves taxed as a result? Beware the unintended consequences that usually arise when the public sector imposes economic impacts on the private sector in the attempt to control behavior.

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    4. Re:Hilarious by hydrofix · · Score: 2

      Except that once you start taxing personal information collection, it legitimizes the whole business model. Corporations feel that they are entitled to your information, because they are already paying for it. I would much rather see governments actually enforcing existing laws on who can collect our personal information and to what extent.

    5. Re:Hilarious by bhagwad · · Score: 2

      Umm...as a customer, I allow them to collect my data. I'm not forced to use Facebook, or Google, or Amazon. They're not a public service. If I don't want my data to be collected, I either give them false info or stop using their services.

      This is ridiculous. As a customer I willingly hand over my personal information to Google. Why the hell should the government get involved here?

    6. Re:Hilarious by NeutronCowboy · · Score: 3, Insightful

      In France the state has educated people they are entitled. Its a right. When that 'right' is infringed, there will be violence.

      While I find your points interesting and mostly agree with them, you have one thing backwards. In France, the people have educated the state that they are entitled to certain benefits. When those rights are infringed, there is violence. Pretty much since the storming of the Bastille, the French - and particularly the Parisians - have been very quick to protest and to riot. For some lesser known examples, look up the Parisian Communes and the term 68ards: while in the US specifically, the anti-establishment movement was built on peace and love, in Paris it was built on riots and street violence.

      The result is that the French government is probably one of the western governments that is most afraid of its population. And also a perfect example of just how easy it is for a population to get awesome toys, even without going through the proper democratic process.

      --
      Those who can, do. Those who can't, sue.
  2. Enforcement and Boundaries by Grench · · Score: 2

    Their biggest problem, of course, will be how to enforce the collection of this tax. If a user signs up for Facebook (etc), does that mean Facebook has to tell the French government about it so they can be billed correctly for the tax? Doesn't that mean someone can really screw Facebook up by signing up a bunch of bogus accounts registered in France, meaning Facebook has to foot the bigger tax bill? What about French citizens signing up from other countries but marking down their country of origin as France (these people wouldn't be French taxpayers any more, yet Facebook would presumably have to pay the tax on the collection of that users' data). It's not an easy one to resolve...

    --
    He's Jesus, for Christ's sake.
    1. Re:Enforcement and Boundaries by IamTheRealMike · · Score: 5, Insightful

      I think a bigger question is how would you enforce such a tax on a company that has no assets in France. Does Facebook have any datacenters or offices here? If no, then .... what is France going to do? Start censoring any website that doesn't pay them? I mean, that's the fundamental thing they're complaining about, right - companies that sell into the French market and make money there don't pay corporate taxes because, hm, they don't actually run their business from there. So why would this new tax be any different?

      I'm really wondering if the current French government even cares about France being seen as a serious country. Taxes targeted at a handful of companies aren't going to resolve their budget deficit problems or even make a noticeable dent. This move strongly reminds me of their threats to nationalize ArcelorMittal if they closed a factory. The factory was closed and the threat was not carried through.

    2. Re:Enforcement and Boundaries by Anne+Thwacks · · Score: 2
      I'm really wondering if the current French government even cares about France being seen as a serious country.

      No need to wonder - the answer is Non!. (previous French governments were not significantly different in this respect)

      --
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  3. France on strike by Buggz · · Score: 5, Funny

    Google Rep: What exactly does France want?
    France: We want: more... money!
    French aide: Yeah! More money!
    Facebook rep: More money from where?
    France: Just more money! You know! France doesn't get enough money! Other countries have lots of money; we want, we want some of that money! Hu- how about- the Internet? The Internet makes lots of money! So give us some of that money!
    French aide: Yeah! Give us Internet money!

    1. Re:France on strike by Anonymous Coward · · Score: 3, Informative

      Excuse me....
      From the original article:
      "Google generates more than $30 billion a year in advertising revenue, including an estimated €1.5 billion, or $2 billion, in France. Yet, like other American Internet companies, it pays almost no taxes in France."

      They've forgotten to add "... nor in the United States."
      Google, Facebook, etc.... ( and many others, but these are the ones mentioned in the abstract), pay almost no taxes, because they are addressed in Ireland.

      What France and the rest of the European Union Countries have to do is enforce a change in Ireland tax laws.

      Just an oppinion from a Spanish guy.
      Cheers...

    2. Re:France on strike by Buggz · · Score: 2

      I must admit I merely posted the first thing that came to my mind. So there was an article?

    3. Re:France on strike by fche · · Score: 2

      ... because nothing says wise government like redistribution.

    4. Re:France on strike by AmiMoJo · · Score: 2

      TFA misrepresents the French government's position somewhat. It isn't just about tax revenue, it is about making privacy invasion have an associated cost. They are trying to do the same thing with a small financial transaction tax. The amount levied is tiny but still enough to discourage people from high frequency trading and other douchbaggery.

      In other words it is behaviour modification, similar to taxes on tobacco or pollution.

      --
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      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    5. Re:France on strike by IamTheRealMike · · Score: 2

      They've forgotten to add "... nor in the United States."

      Reality check, according to the SEC filings Googles tax rate in the USA was 22%

      The stories you read about Google "dodging tax" or paying only a few percent are looking at worldwide revenues. It's due to Americans going French all of a sudden and thinking that any money earned by any Google subsidiary anywhere in the world should be taxed by the IRS - even if that money was a Swiss Franc earned in Switzerland and then spent on Swiss salaries. Well the Swiss government gets to tax that, but the money never went anywhere near the USA, so the US doesn't get any. If you count all that money you can arrive at very low apparent tax rates, but it's just a fantasy.

      ObDisclaimer: I work for Google and don't think there are any issues with the way the company pays tax.

    6. Re:France on strike by euroq · · Score: 3

      The tax rate is 22%. They actually pay close to 0%, and apparently less than 0% in some jurisdictions and points in time. This is their effective tax rate. My personal federal tax rate is over 30% but I always end up paying around 15%.

      The company reportedly uses complex tax schemes called the 'Double Irish' and 'Dutch Sandwich', which take large royalty payments from international subsidiaries and set up a shell corporation in countries with no corporate taxes, like Bermuda.

      Google isn't alone among big corporate tax evaders moving profits to tax shelters abroad. Boeing, DuPont, Capital One and General Electric paid a negative U.S. tax rate in 2010, according to Citizens for Tax Justice.

      http://en.wikipedia.org/wiki/Double_Irish_arrangement

      Now, I wholeheartedly agree with Google's response, "We're capitalistic and not confused about it." But you are either ignorantly ignoring reality, or maliciously distorting reality. Google is most certainly using complex schemes to avoid taxes. For example, Google is neither an Irish company nor a Bermudan company, yet that's what they're telling the IRS.

      It's due to Americans going French all of a sudden and thinking that any money earned by any Google subsidiary anywhere in the world should be taxed by the IRS - even if that money was a Swiss Franc earned in Switzerland and then spent on Swiss salaries.

      No, you are making that up in your head. Nobody's saying that. What "they" are saying is that Google makes billions of dollars in America, and pays 0% tax on that in America. Absolutely more of its income is made in America than in any other place, simply due to the size of the economy. And yet it pays close to 0% in taxes. Other businesses pay 15-35%, but not Google! And obviously other corporations do the Double Irish as I quoted, but Google is being called out above other corporations due to the Google motto, "Don't be evil".

      Just so we're clear, I don't really think this is Google's "problem", it's the system's problem. And the "French way" of thinking money earned elsewhere requires taxes in France is neither logical nor sustainable. But don't distort reality, please.

      --
      Just because the U.S. is a republic does not mean it is not a democracy. Democracy/republic are not mutually exclusive.
  4. And then... by MikeRT · · Score: 2

    When the companies decide to not collect data on French citizens, the French government will bitch them out for drying up a revenue stream.

  5. Re:And make 'em publish pages in French, too! by Rockoon · · Score: 4, Interesting

    Wont this legitimize any and all collections of personal information as long as the tax gets paid?

    "But they collected data on what time of the day I poop.. dont I have any privacy?"

    "There is nothing we can do sir. They paid the tax. Quite frankly, we wish more corporations would collect this data so that we could get more taxes"

    --
    "His name was James Damore."
  6. Here's an idea ... by ubrgeek · · Score: 2

    Instead of being "frustrated that American technology companies that dominate its digital economy are largely beyond the reach of French fiscal authorities" try kickstarter-type projects encouraging your own folks to create France-based sites that can compete and dominate your own digital economy. If they're good enough then citizens of other countries might come to _your_ sites and you can charge whatever the heck you want.

    --
    Bark less. Wag more.
    1. Re:Here's an idea ... by Archon-X · · Score: 3, Interesting

      Hah! Doesn't work like that in France.
      I've been here for the better part of 7 or 8 years now.

      Simply put, France stifles innovation and invention. There's heaps of smart people here, but pretty much all of them leave as quickly as possible. Here's (my understanding of) why:

      The very nature of France.
      France is a socialist country. There are so many laws weighted against employers that running business is a nightmare.

      Sick of working, and fancy a paid holiday? Stop working! As long as you continue t show up physically to work, your employer can't actually fire you (without you taking him to the cleaners in the worker's courts), so you'll be fired with benefits.
      What's fired with benefits? Up to two years getting 80% of your old salary.. Why on earth would you want to work?

      Double dip salaries
      Employers pay 100% of what they pay in salaries on social contribution taxes. If you pay someone $100k per year, you're $200k out of pocket. And then the fucker stops turning up to work, and you can't fire them.

      The 35 hour work week
      France still has a notion & law that no-one should work more than 35 hours per week. Evidently, you can't get anything done as such - even the french agree, and most work more than this limit. However, for each hour you work over the 35 hour limit - you get back in holidays or overtime. I know people that get at least 2 months holiday per year.

      Then, on top of all of this, you have the 'normal' corporate taxes, and then personal income tax.
      Until a year or so ago, you also had a Excessive wealth tax - this wasn't just for stupidly rich people - most people who had a few houses as investment or ran a company got nailed by this. Each year, in addition to all other taxes you'd pay a percentage on top of the taxes, just because you had 'too much stuff'. This never stopped (ie, you'd pay taxes on the same things over and over) until you were no longer considered 'rich'.

      The upshot of this is a massive skew in the taxation gradients. In France, it's actually smarter to earn less. If you've got a salary for 50k - you'll take home more than someone running a company that turns over millions - you are actively punished for your success.

      Naturally, with all of this, employers don't care nor dare to innovate - they simply go overseas - and no need to go far. Spain, Luxembourg, Ireland - all have better corporate tax laws.

      Where did everyone go?
      Life sucks for employees, too. Employers are so used to getting fucked, that they take as much care finding employees as possible - typically filtering by degrees. It's gotten to the stage now that you cannot get a decent career without at least a master's degree in the precise field. And 5 year's experience in the workforce. At the same time.

      When you do get your position, there's no vertical evolution: you're stuck in that position for life. The best you can hope for is slightly adjusting your position by hopping from company to company, and finding great workmates. Then, embittered by this fact, you either leave france, or you decide to go on a two year's paid holiday (see above)

      Finally - and I believe this is the biggest factor - is France's groupthink about capitalism. On whole, it's detested. Earning money is taboo in France. Running a company is seen to be incredibly bad. You're labelled 'rich', and people can't wait to see you come down.

      The government, and Holland especially, campaign hard on this sentiment, and each year promise to tax business even harder. Holland promised to raise company taxes and upper bracket earners even more.

      This makes sense to the masses, who hate the idea of rich, because they'll never get there. The guys who do have companies, who are taxed to oblivion, after years of tax rises, simply leave the country or evade tax, because they've got the means to do it - and the entire country suffers as a result - and you end up with this.

    2. Re:Here's an idea ... by euroq · · Score: 2

      So, just curious, why do you think France one of the richest economies in the world? 5th according to many different measurements.

      I'm serious and I'm not trolling. I hear the socialist arguments against France all the time - such as those you just listed. Why is it still doing so darn well?

      --
      Just because the U.S. is a republic does not mean it is not a democracy. Democracy/republic are not mutually exclusive.
    3. Re:Here's an idea ... by EdgePenguin · · Score: 2

      they arnt.

      Citation?

      they are pilling up debt.

      Not really: http://www.economicshelp.org/blog/774/economics/list-of-national-debt-by-country/ French government debt is comparable to that of the UK and Germany as a % of GDP, and is lower than that of the US and Japan

      the average person is poorer than in germany with less purchasing power.

      True, but that is also the the case for the UK - which has a neoliberal, fuck-the-poor kind of government. Seems to me France is in no worse a position than the UK - arguably a better one since 2008 - and certainly here much bashing of the French economy is ideologically motivated, in order to shore up our own failed system by discrediting even mild deviations in economic policy. I suspect the same is true in the US. Certainly France has its economic problems, but I am highly skeptical of the view that its an economic basket case on the verge of collapse, because I've heard that view for 20 years and in all that time, France has basically kept up with the UK in economic terms, but without far less vicious attacks on the public sector.

  7. Collection ha? by GeekWithAKnife · · Score: 2


    Forget agreeing or even having an opinion. How exactly will they enforce this?

    I this is supposed to be a collection of royalties due to tax loopholes why not fix the loopholes?

    Why doesn't Hollande spearhead a movement to fix the loopholes instead of pursue specific companies for being clever?

    If the previous system to tax corporations did not really work and their clever folk found ways to avoid paying taxes why is this new system such a better idea??

    /facepalm

    --
    A 'singular oddity' is an event that cannot be explained and only happens when you are alone.
  8. Re:And make 'em publish pages in French, too! by Raumkraut · · Score: 3, Insightful

    Wont this legitimize any and all collections of personal information as long as the tax gets paid?

    No.
    Tax is levied on alcohol and tobacco, yet there are still licences and regulations behind selling either one.

  9. My experience with France by Zontar_Thing_From_Ve · · Score: 3, Interesting

    I used to work in the US office of a French company. Our subsidiary was not well known in North America, but it was well known in Europe and some other places. I have a real love/hate relationship with the French. On one hand, there's a lot to like about the country and its culture. On the other hand, the bad stuff that makes you, as a foreigner, hate them is really bad. They are very difficult people to make meaningful friendships with. My experience is that they are really good actors and excel at pretending that you and your friendship is important to them, but in reality, not so much. Almost every American I know who moved over there to work in one of our 2 main offices in France got discouraged with the whole thing and eventually moved back pretty jaded about the experience. The French will look out for their countrymen above all others. They may not say it, but yes, they do think that everybody in the world who is not French is inferior to them. This is one of the reasons that they look to target foreign companies like this. In their heart of hearts, they just don't respect foreign companies.

    I'm not claiming to be an expert in French politics, but they've had a lot of bad choices for leadership in recent years. Le Pen scared everybody by making it to the final round of the elections and basically everybody had to vote for Sarkozy. Sarkozy seems to be fairly smart, but he's got a huge ego and he kept making the news for things that had nothing to do with politics. Sarkozy pissed off just enough voters that coupled with Francois Hollande's campaign of "Let's tax the rich so everybody can retire early!", Hollande won. Hollande seems to be a bit out of touch with modern realities and he seems to think that he can simply tax the rich and they'll willingly pay and he can restore the old welfare state that made it impossible to fire French citizens and let people retire at age 60. A good number of French citizens are probably out of touch with reality too since they voted for him. So given that Hollande has an unrealistic goal that requires raising vast amounts of money and the French don't really respect foreigners anyway, going after foreign companies seems obvious. If I remember correctly, some years ago when Ebay got in trouble in France for not blocking listings of Nazi memorabilia, the original French government argument was that Ebay couldn't allow such items to be sold anywhere in the world before they backed down to only asking them to block such in France. So it's no surprise to me at all that France thinks they can tell Google, etc. to pay up and they'll do it.

    1. Re:My experience with France by dkleinsc · · Score: 2, Insightful

      They may not say it, but yes, they do think that everybody in the world who is not French is inferior to them.

      See, that's the difference between the Americans and the French: The Americans think that they're better than everyone else, and say it loudly and proudly!

      As far as dumb political choices go, the Americans elected and re-elected George W Bush. Enough said.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  10. Quite the opposite by NotQuiteReal · · Score: 2

    Services, which are basically delivered electronically, can't be taxed.? Of course services can be taxed. Take a look at your phone bill, water bill, cable bill or any other "service" you get. Oh, and what about that "sales tax" for downloading an MP3 from Amazon (in some jurisdictions).

    Technically, these companies don't make money "collecting personal information", that is actually an expense they occur. They only make money if they sell something, and that is already taxed. However, the gist of the bulk of the nickleaton post is corrrect - this is about broke government casting about for money to throw at ill-conceived spending they have obligated themselves to.

    --
    This issue is a bit more complicated than you think.
    1. Re:Quite the opposite by nickleaton · · Score: 2

      It's both. You can't remove the motivation from the tax. The motivation is, we're desperate for money, primarily because they've been cooking the books. Pensions debts aren't recorded. Service taxes can always be avoided. I can buy from wherever I want in the EU. I can buy an MP3 from the USA if I want. It doesn't matter where I buy, location doesn't matter for these sorts of services. Quality doesn't change. So its just down to price. Phone bill - depends on local infrastructure, either fixed line or mobile. That can be taxed. Cable bill - ditto Water bill ditto. Software? Nope. MP3? nope. Web services? Nope. You're confusing goods which are what the economists call non-tradeable with goods and services that are. So going forward you're going to see taxes on the non-tradeable goods. Stuff that depends on infrastructure that's fixed, or things like property (mobile homes exempted), restuarants, that can't be moved. Likewise with the rich. They will move their assets, put them into companies, and you can only tax where the company is, not where the shareholders are. You can certainly tax the income part, but the rest you can't. So the rich will just pay themselves what they spend. ie. You only get taxed on spending. It's a trend and its happening. Taxes will move to consumption taxes. Taxes on capital, and taxes on income won't be effective. Now taxes on consumption hit the poor, and since the states can't support their current set up on current taxes, let alone their debts. its going to be very rough.

  11. Once it is taxed it is legal? by NotQuiteReal · · Score: 2

    Not true, in the USA, you are taxed (among other things) on your "income", whether the source of that income is legal or not. If you fail to pay can go to jail if the IRS nails you for tax evasion, even if the criminal acts are not themselves prosecuted.

    This is how a lot of organized crime is prosecuted - for the underlying money and tax crimes, not the drugs or activity that generated the money.

    --
    This issue is a bit more complicated than you think.
  12. Re:3...2...1....and the data is in the UK by h4rr4r · · Score: 4, Insightful

    So you impose the tax on collection not where the data is stored. If you collect data about a french citizen/computer and your company does business in anyway in france you have to pay. Pretty simple method that is in use for lots of things.

  13. Re:3...2...1....and the data is in the UK by hsmith · · Score: 2

    France is doing everything possible to drive businesses and people with any bit of money out of the country.

    Their tax rates have been skyrocketing - and they wonder why they have been averaging 9%+ unemployment

  14. That's not what money is. by mosb1000 · · Score: 2

    currently the top 100 richest people have enough money to be able to solve world poverty four times.

    No they don't. Poverty isn't caused by a lack of money. Money is only representative of value. The richest 100 probably don't consume enough rice to feed the worlds starving (I certainly hope not, anyway). And even if they did, there is little reason to believe taking it from them would mean being able to give it to the poor.

    If you were to take all the money from the richest 100, and give it to the poor, or spend it on the poor, or whatever, all you would get is rampant inflation.