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COMMUNET  February 1997, Week 4

COMMUNET February 1997, Week 4

Subject:

L. A. Times column, 2/17/97

From:

Gary Chapman <[log in to unmask]>

Date:

Mon, 17 Feb 1997 11:33:02 -0600 (CST)

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (140 lines)

The following is my Los Angeles Times column which appears today, Monday,
February 17, 1997. This will appear soon in other newspapers around the
country, including The Boston Globe and The San Jose Mercury News, among
others.

Please feel free to pass this around, although please retain the copyright
notice.

-- Gary

Gary Chapman
Director
The 21st Century Project
LBJ School of Public Affairs
Drawer Y, University Station
University of Texas
Austin, TX  78713
(512) 471-8326
Electronic mail: [log in to unmask]
http://www.utexas.edu/lbj/21cp/

Should Internet Commerce Be Subject to Tax?

By GARY CHAPMAN

Copyright 1997, The Los Angeles Times

AUSTIN, Texas -- City officials here were very familiar with Ted Kircher
when he joined the Austin Telecommunications Commission, a citizens
advisory group, last year. Kircher, a retired IBM engineer, had for years
been attending nearly every public meeting dealing with Austin's
telecommunications future.

But the officials weren't at all prepared for the revolt Kircher sparked
over the city's proposal to charge telecommunications carriers 5% of their
gross revenues for the right to use city rights-of-way for wires, cables
and switches.

Kircher objected to the proposed fee, and he went online and catalyzed an
alarmed constituency of Internet activists, multimedia entrepreneurs, small
businessmen and tax protesters. Suddenly, the city's planners are in a jam,
facing an aroused opposition that didn't exist two months ago.

What Kircher and his allies have tapped into is an issue that communities
all over the country are beginning to grapple with: how the new information
sector might be taxed. The chief characteristic of Internet-based commerce
-- its disconnect from geography -- makes this controversy one of the most
complicated and vexing issues confronting both policy-makers and businesses.

On the one hand, communities throughout the country are facing a rapidly
changing tax environment. Federal revenues shared with cities have
plummeted over the last 10 years, making most communities increasingly
dependent on property, business and sales taxes.

Government officials are aware that new information-based businesses are
the wave of the future, and they hope that these enterprises will be a new
source of revenue for public coffers. Indeed, most cities use tax
abatements to attract such companies, in the hope that increased employment
will lead to growth in sales and property taxes.

On the other hand, taxing electronic commerce is complicated to the point
of absurdity. Internet tax experts point out that there are more than
30,000 tax jurisdictions in the United States -- sales taxes, for example,
vary from one town to the next. And Supreme Court decisions have forbidden
interstate sales taxes for mail-order commerce unless the mail-order
business has a "presence," such as a retail store, in the jurisdiction in
which the customer lives.

Electronic commerce doesn't yet represent a large slice of the economy --
only about $500 million in sales nationally in 1995. But projections by the
Interactive Services Assn., an industry group, indicate that by 2000 that
figure could be up to $7 billion.

The U.S. Advisory Commission on Intergovernmental Relations estimates that
states currently lose more than $3 billion in sales tax revenue because of
mail-order sales; California lost an estimated $483 million in 1994. If
such losses are multiplied by expanding electronic commerce on the
Internet, argue public officials, government resources will be severely
affected.

Tacoma, Wash., became the first city to attempt to tax electronic
transactions last year when city managers imposed a 6% tax on the gross
revenues of electronic transactions within city limits.

This tax was unique in that it attempted to impose taxes on all businesses
with customers in Tacoma, which meant that America Online, CompuServe or
even electronic vendors in Texas or Maine would be subject to the tax. The
plan produced a howl of protest in Tacoma and other parts of Washington
state, and the whole idea was scrapped.

Confusion over how electronic commerce might be taxed has led Rep. Chris
Cox (R-Calif.) and Sen. Ron Wyden (D-Ore.) to draft a bill, which they
expect to introduce the first week of March, that would impose a moratorium
on all "new" taxes on Internet commerce. The bill gives the Clinton
administration two years to produce a workable plan for taxing electronic
commerce; in the meantime, new tax schemes, such as usage fees or taxing
the routing of data through servers, would be banned.

Partly because of the problems of taxing electronic commerce, and partly
because of persistent national resistance to property taxes, cities have
adopted what's called an asset-management strategy, based on their chief
economic asset: rights-of-way, mainly along city streets.

Officials in Austin, for example, believe it is their responsibility to
leverage the city's rights-of-way for economic benefit, primarily to reduce
the property tax burdens of citizens. Fees for use of rights-of-way have
been part of cities' revenues since the beginning of this century.

Entrepreneurs and Internet activists here don't see it in the same terms.
Because the revenue generated by a fee for telecommunications carriers
would go into the city's general revenue fund, the protesters call this fee
-- which they expect to be passed on to consumers -- a tax on a specific
segment of the population, meaning those who use telecommunications.

They argue that this is unfair, that it will stifle the very businesses
that are making Austin a high-tech center, and that any fee should be
targeted at improving telecommunications in the city and not be used for
general revenue. City officials believe that if the city's revenue streams
don't adapt to changing economic conditions, they'll be stuck taxing
"sunset," or fading, industries, or be forced to raise property taxes,
which in turn would deter new businesses.

What's emerging is a curious and portentous nexus: Just as the public
sector is turning to the information industry for revenues, grass-roots,
libertarian and anti-tax sentiment on the Internet is hitting its peak. And
just as cities are facing a new range of responsibilities, because of
federal "devolution," or the return of public-sector authority to local and
state levels, the Internet is decoupling entrepreneurs from local or even
state commerce.

How this will unfold is anyone's guess, but it is clear that the collision
of geographically bound politics with the geographically unbound Internet
is going to produce significant friction for some time to come.

Gary Chapman is director of The 21st Century Project at the University of
Texas at Austin. He can be reached at [log in to unmask]



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