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TaxTips
Volume 13, Issue 1
7/1/2023

Navigating the World of Digital Taxes in the United States: Unraveling the Complexities of the Digital Economy
As technology has continued to advance and transform, our lives have become intertwined with digital goods and services. We buy e-books, stream movies, subscribe to online music platforms, and even seek services from freelancers through online platforms. The digital economy has revolutionized the way we live, work, and connect with one another.

Taxation of Digital Goods
Digital goods encompass a wide range of products (such as digital music, videos, online games, etc.), and when it comes to taxing these goods, in the United States they are generally treated similarly to physical goods. Unlike in certain other countries, there is currently no Value Added Tax (VAT) at either the Federal or State level on such assets in the United States. However, many states apply sales tax to digital goods based on the location of the buyer (like how they tax traditional products), but these tax laws vary from state to state. For example, some states have identified which digital goods are subject to sales tax, and if a digital good doesn’t fall into one of the specific categories, the product is not subject to tax in the state. Alternatively, some other states take the position that any property “perceptible to the senses” falls within the definition of tangible personal property and would therefore be subject to sales tax, and many digital goods would meet that classification.

Taxation of Digital Services
Digital services include streaming platforms, cloud storage, software-as-a-service (SaaS), online courses, and various subscription-based services. Taxation of digital services can involve a patchwork of different rules, and the landscape is constantly evolving. For example, some states have proposed imposing gross revenue taxes on certain digital activities, and some levy sales tax on such services based on the location of the customer. However, due to the dynamic nature of the digital economy, tax laws regarding these services are subject to change, so it's advisable to stay informed about the latest regulations in your jurisdiction.

Taxation of Online Platforms
Online platforms that facilitate digital transactions, like e-commerce marketplaces or gig economy platforms, have also come under scrutiny for tax purposes. In the United States, online platforms are generally not directly responsible for collecting and remitting taxes on behalf of their users. Instead, individuals and businesses using these platforms are typically responsible for reporting and paying taxes on their earnings. The IRS has been very clear that income earned from such platforms is reportable on a tax return and subject to income tax, even if the income is:

•          From part-time, temporary, or side work
•          Not reported on an information return form, like a 1099-MISC, 1099-K, or 1099-NEC
•          Paid in any form, including cash, property, goods, or virtual currency

Challenges of the Digital Economy
Taxing the digital economy presents unique challenges due to its global and borderless nature. One of the main challenges is identifying the appropriate jurisdiction to tax digital transactions, especially when goods or services are provided across state or national borders. Many states/jurisdictions have not addressed the matter of how to source digital goods and services, and the lack of a uniform rule opens the door for possible double taxation because two different jurisdictions could be legally entitled to tax the same digital transaction. This issue has prompted discussions at the international level to develop a framework for taxing digital activities.

In response to these challenges, some countries have introduced or proposed digital services taxes (DSTs) aimed at taxing revenue generated by multinational digital companies, so that those jurisdictions have increased taxing rights over the profits of such companies that sell into their local markets. However, the implementation and impact of such taxes remain subject to ongoing debate and negotiation.

As our world continues to embrace the digital revolution, understanding the taxation of digital goods, services, and online platforms becomes increasingly important. While taxation rules and regulations can be complex and subject to change, adopting a proactive approach and seeking professional advice can help individuals and businesses navigate the digital tax landscape more effectively and be prepared for a continuing unpredictable tax environment.

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