Could South Dakota Proposal Tax Downloadable Content?

Could South Dakota Proposal Tax Downloadable Content?

January 15, 2008

Could that Bioshock theme pack you purchased on Xbox Live be taxable? What about that World of Warcraft gold you surreptitiously bought from an overseas farming operation?

Good questions. A proposal before the South Dakota legislature could make such downloadable items subject to the same state sales tax that is levied on tangible goods. HB 1017 calls for:

...a tax at the same rate as that imposed upon sales of tangible personal property in this state upon the gross receipts of all sales, leases, or rentals of any product transferred electronically.


The Hog House Blog, which tracks South Dakota politics, is puzzled by the proposal:

The bill talks about taxing “products transferred electronically.” My first thought was, seriously, all those online video game extras that people actually pay cash money to obtain.

And then I wondered about online advertising. A closer reading of the bill hints that it might be Internet service itself, as there are references to “communications...”


No individual legislator is credited with proposing HB 1017. A notation reads that its was "introduced by: the Committee on Taxation at the request of the Department of Revenue and Regulation."

In other words, South Dakota bureaucrats are eyeing all that potential tax money from online transactions, and they want a slice. And if the taxman in Pierre is thinking about taxing DLC, can his counterparts in Sacramento, Albany and other state capitals be far behind?

Of course, we don't mean to single out Xbox Live in relation to this proposal. There are numerous instances of digital downloads and in-game item transfers taking place in game venues of all sorts.    

Comments

No- Comment

That is just plain insane, I would consider it a rights violation
At a guess, I should imagine it may be hard to levy a tax in MS points- more likely, taxing the purchase of points will happen. But surely that happens already?

/b
The rights being like: I am free to download what the hell I want off of XBL marketplace without the bleeding government interfering with that too!

It isn't like the stuff on there isn't expensive for what you are getting anyway...
So long tax free VC games. So long tax free XBLA games. So long tax free Warhawk...What there are more PSN games?!?

I wonder how they plan to regulate this.
Beemoh,
My thoughts exactly. I THINK (my xbox isn't handy) that if you buy the points online, they aren't taxed. But if you buy them in a store, they are?

But, at the same time, it would be hilarious if, on top of taxing the purchase of POINTS, the state tried to tax your use of the points. Example: Live Arcade game: 400 points. State tax: 28 points. :)

So, once the state collects those taxed points... what do they do with them?

Broken News:
Faux News reports the state has collected over the past year 5 million Microsoft Points. The state is trying to encourage banks to trade in Microsoft Points so they can actually DO something with them. But bankers are laughing in their faces, saying "next you'll want to trade in WoW gold!"

This has been a Faux News report.


Back in reality, let's not forget services such as Netflix and Amazon which offer live streaming videos for rent or purchase, Napster and the like, and... OMG! PORN SITES!

Nightwng2000
NW2K Software
Oh, and not just Microsoft Points, but Xbox Live Memberships as well. To my knowledge, the memberships aren't taxed if you buy them online, though they are if you buy them in a store. Or are they?

Nightwng2000
NW2K Software
@ Nightwing

I know that Wii Points are taxed if you buy them in store, but tax free when purchased online.

But how do they plan on overseeing all this? That is the real question.
Correct me if I'm wrong, but we already pay tax when we purchase Microsoft Points or Wii Points online, at least here in Canada. Doesn't that mean we'd be getting doubly taxed? There's no way this would fly.
so how are they going to... you know define the borders on this tax? I'm guessing they will tax the preson in south dekota but man taxing information. Whats next if this go's through? Taxes on conversations?

this is a bit too much for me right now the idea seems quite surreal. maybe the idea came from a bunch of pregnant scholar's (that list one is a antiquated insult that means "One who was drunk by the middle of the morning" --Morris Marples's University Slang, 1950)

ps I have a deck of old insult cards and the one above the insult i used is Crotcheteer = One who fixes the mind too exclusively on one subject. One given to some favorite crotchet, or hobby. -- Daniel Lyons's Dictionary of the English Language, 1897

the one for he who should not be named is..... zounderkite.
Ah yes...the greedy incompetent goverment seeks to impose itself more on its citizens....
There is no federal sales tax (I believe it's technically unconstitutional). Sales taxes are a state run tax, so I don't see how we'd be able to enforce it.
Well, since we just 'license' the stuff - it's not really a 'product' as much as a service, correct?
How would this work? Even if this were a federal tax, it couldn't really work. Do these guys understand that the internet is more than a "series of tubes"? It’s global, baby!

Let's pretend that EBay is based in South Dakota. Would they tax people in Montana or Florida that bought merchandise off EBay? Could they do that? What if the seller lives in Oklahoma? Would he be taxed in South Dakota? What if the buyer/seller lived in England? Would they be taxed by a foreign government? The whole taxation without representation thing makes me wonder.

Can they even tax software? Would they tax you for downloading the latest update on WoW? If so, would they tax a website like Myspace that's based in South Dakota? What about its users? If they open the door to allow them to tax the internet, would they tax me for viewing this website?

If they answer yes to these questions, they will kill the internet in South Dakota. Any servers in the state will shut down or move out of the state. Citizens who rely on the internet for work may move. Companies may refuse to sell over the internet in South Dakota. This is just another entry in the long, sad history of bad ideas.
@Overcast
Yeah, but I'd rather not buy a license for my music/movies/games. I just want to buy the freakin' game.

Some ISP's already charge for the amount of data transfered, but taxing it is just absurd. Would South Dakota be able to tax data entering/leaving the state was well? Hmm.... All in all this is just a tax made by those who really know nothing about TEH INTERWEBS! (Imagine if they charged us per byte of data.... *screams*)
Since when does anyone in government care about 'unconstitutional'? See the 'patriot' act for examples....

This government - we have now, has more or less singlehandedly torn this nation up.
Wasn't aware state law trumped congressional law -.- Could've sworn Congress extended the law that it wouldn't tax internet sales.
There is a sales tax on the points in store, however they are factored into the price of the card so you pay the same that you would online.

Question: How do they plan to enforce this?
Another question: Say that California has passed the sales tax for virtual goods. I visit a friend in Oregon (no sales tax there) and I purchase some MS points there. Because I am registered with M$ in CA, does that mean I pay the tax even when out of state?
Politicians are in constant search of new ways to collect money from people. God forbid they actually sort out the corruption that costs tax payers billions of dollars a year, and pay reasonable prices for the services/items that the money is supposed to be used.

If you can't manage your money in the first place the only thing getting more money is going to do is allow you to miss use more of it.
...actually- would MSP be exempt from taxation, as they're not really a currency? The USD price of 100 MSP isn't the same as the GBP price converted into Dollars, if that makes sense- therefore it isn't a currency in the truest sense. I think.

Also, Wikipedia says MS factor in sales tax on points sold online in New York.

/b
@Dorkmaster Flek

"Correct me if I’m wrong, but we already pay tax when we purchase Microsoft Points or Wii Points online, at least here in Canada. Doesn’t that mean we’d be getting doubly taxed? There’s no way this would fly."

Are you being charged PST or GST? GST is applicable to all Canadian accounts, because it's federal, but PST is trickier, because they'd have to prove which province you were in.
This is not a tax on bandwidth or use of a website. The only thing that is taxed is the exchange of real legal tender. I fail to see the controversy. This tax is not much different than the sales tax people pay everyday without a thought. The real issue seems to be the cynicism some have towards the government in general.

And on the issue of an American Federal sales tax:

It's a horrible idea, but some of the Republican presidential candidates are championing the idea of getting rid of the income tax and replacing it with a federal sales tax.
Every time I get Wii Points or Microsoft Points I'm pretty sure it adds tax on there already. I'm a Texas resident.
Some of you have already hit on it here, but I'm pretty certain that SD cannot legally levy sales taxes on items that are purchased by people who live outside of their great state. They CAN levy sales tax on goods and services that are purchased by people within their state borders, given that they are purchasing from a company that holds a brick-and-mortar facility within the state as well.

Sales tax is traditionally (read ALWAYS) collected from the seller. The seller collects the sales tax from the buyer at the point of purchase. I'm really curious how the SD lawmakers plan on collecting from an online retailer based in, say Wyoming (it could happen!), when there is no legal reason for that retailer to pay, and no legal reason for that retailer to even divulge that someone in SD purchased anything from them.

This is election-year pooh-pah being batted around by sub-par politicians in an effort to be able to say, "See, I did something progressive for the state by proposing legislation that would have filled our state coffers without costing us a dime!" It doesn't matter that what they proposed is illegal, or at best unenforceable. SD residents, if I were you, I'd be offended that your politicians think so little of your intelligence.
One word: NO!
what jurisdiction do they have over the services, unless they're hosted in that state?
this idea fails, imho.
Minnesota already taxes downloadable content. The law applies to where the person buying the content is located, therefore, if you are in Iowa, purchasing from a company in Minnesota, you pay no tax, as you live in Iowa. However, if you buy from a company based in Iowa, and live in Minnesota, you pay tax!

I'm not sure how the SD law will play out... the Minnesota law works just fine
YES!!!
That means that the guberment now has a stake in virtual fraud. The next time the police tell me that won't investigate the theft of virtual items I can say "Virtual? I paid taxes on that buddy! The government doesn't tax Virtual items." I could sue the police and the state government for failing to protect me against fraud! I imagine they're going to be spending far more than this tax earns them trying to police this stuff.
Potentially, I just see DLC getting denied in SD.
Can they tax just the gold buyers?

I'm thinking maybe...1000 percent tax rate?

That'd be nice.
Message to the morons in South Dakota: Don't give David Miller any new ideas when it comes to taxing. He tried taxing beer in Toronto, but it failed before it started since people would be heading to the 905 regions to buy beer where there is no tax.
How is me going out and buying MS points at Best buy (and paying tax there), and then me going on XBL and using those points there (and getting taxed there too) fair? Thats just wrong.

I feel that the folks of South Dakota should all get together, dress up like native americans, and then toss all the Wii and MS Points they can get into the biggest lake they can find. We could call it the South Dakota Points Party! Uh... err... ok, maybe not.
Hrm... does the data cross state lines? If so, then it's unconstitutional. I would also argue that imposing a tax, as California does, on online services for those in other states is also unconstitutional, as the service is being 'shipped' to me from another state.

"No Tax or Duty shall be laid on Articles exported from any State." -- Article 1, Section 9
Yeah Akin - but then you would be expecting the Government to follow it's own laws...

That's going WAY out on a limb.
the online points don't count as cash money so Xbox Live Arcade games and VC games can't be taxed.
all they can do is tax the online purchase of said points, and since Nintendo and Microsoft are based outside of South Dakota, the tax can't apply.

The only thing they can tax is internet service, since the ISPs have offices in North Dakota.
Wait, wait. This is new? I bought Warhawk off the PSN and tax was added to the cost.

Is this just a Canadian thing? What's going on?
Nathan: Hrm, perhaps the servers might be located in the USA, and seeing as your government likes to put heavy Duties on goods from foreign states, you had to pay tax? Or perhaps your constitution doesn't prohibit Provinces from taxing goods from other Provinces? Or perhaps the server is located in the same Province?

I don't know too much about Canadian law, sorry. All I know is that taxing out-of-state goods is unconstitutional over here. Hell, I don't even know if your justices can strike down laws.

Overcast: While it's true Legislators and even state and national Executives seem to screw up on the Law of the Land a lot, all it takes is a few sane judges for dumb laws to be thrown out. Thankfully, it happens all of the time. I always found it ironic that the people who best uphold the freedom in our Democratic Republic is the one branch of government filled only with unelected officials. (on the national level anyways)
@nightwing

I HIGHLY doubt that they'll be able to tax you for using MS points, that would be like taxing someone for using a gift card.
@gameboy

I think the tax only applies to people who live in south dakota.
I know Washington state taxes you for things like iTunes purchases, since they use sales taxes in lieu of an income tax. This is probably what South Dakota's going after.
Any idea that comes from the piehole of a bureaucrat is bound to be a bad idea on principle alone.
Wait wait wait...

Why, oh why, does this strike me like the Gov is trying to act like the freaking mafia? I mean, when I was reading this article and my dad was watching the godfather in the next room, I almost started to see a connection.

Gov- "This is the business we have chosen... and that business is the video game business, and we will tax said chosen business." *Godfather Theme*
"Wait, wait. This is new? I bought Warhawk off the PSN and tax was added to the cost.

Is this just a Canadian thing? What’s going on?"

Wtf really?

That's not right.
... ok this is impossible to do without infringing on privacy as I see it.. For them to beable to track purchases, it would require them one of two setups... one to beable to track your purchases... or have a list of every site in the world that you can purchase from... which is quite impossible.. plus you dont get taxed for out of state purchases, even in real life. in the offline world if you were from say oregon and decided to go up to seattle and purchase something there, you would show your ID and get the state tax off.

either way... this is completly against the setups in the ecomony both online and offline

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