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delivery services (e.g., grocery and restaurant), transportation (ride sharing, Uber, Lyft),
household or online tasks (TaskRabbit, Mechanical Turk) and residential
accommodation sharing (AirBnb).
3. The questions of employment and labor law surrounding workers is rapidly evolving as
different governments look at regulatory interpretations and new laws to address this
new class of worker.
E. The Internet of Things (operations technology) is rapidly developing with digital sensor-type
devices that surround us that collect and transmit data that is often sold, resold, merged with
other data and repackaged in a new form with additional attributes. These services are evolving
from outright purchases to monthly service charges that include transmitting data over wireless
and wired networks. This raises questions about their possible status as telecommunications
services and those tax implications, which warrant consideration about traditional regulation
and tax policies concerning this field.
F. T includes how we identify economic or taxable
transactions. This is where so-called free services are paid for by the attention of the user that
provides the service with a wide range of user data, and nexus and sourcing information that is
relevant to tax policy. At this time, the value of the data asset is treated as an intangible good
by the accounting regulators. While data may have been logically classified as an intangible asset
20 years ago, can be bought and sold, and is used to generate
other forms of revenue. The intangible classification needs to change.
VI. The Challenges of the Digital Economy
A. An overarching goal is to ensure that taxation of economic activity is fairly balanced and relevant
parts of the economy are not inappropriately discriminated against. This also warrants that like
economic transactions are fairly taxed, treatment of competing businesses (horizontal equity) is
fair, Sales Tax exemptions are provided for business inputs, sales taxation is on end-use
transactions, all forms of digital income are accounted for in both personal and business tax
policy, and there is flexibility to address the technological changes ahead.
B. The state tax environment has made significant efforts to coordinate policies and set standards
that can reduce the friction experienced by businesses. Digital technology and the digital
economy have made it easier for businesses in one state to do business in many (even all) states.
But the more states work together to have consistent definitions of terms and compliance
activities, the easier it is for businesses to comply.
C. These issues have detailed nuances, variations, and outliers to address. The details will need to
Meeting this challenge includes developing mechanisms to address these realities:
1. Identification of who and where the seller and users are can be difficult or impossible
to determine. A variety of approaches may be needed to understand where a customer
is located or assumptions must be made when a source cannot be identified.
2. Anonymity of buyers and sellers is a core element of many aspects of the digital
economy. When combined with new tools of value creation and exchange, this creates
a universally daunting, but ultimately resolvable task of establishing tax nexus and
identifying the participants to the transaction.