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COMMUNET  February 1997, Week 4

COMMUNET February 1997, Week 4

Subject:

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

From:

Wally Bowen <[log in to unmask]>

Date:

Mon, 17 Feb 1997 14:03:26 -0500 (EST)

Content-Type:

TEXT/PLAIN

Parts/Attachments:

Parts/Attachments

TEXT/PLAIN (158 lines)

Gary -- Cable TV operators have for years been generating revenue via 
home shopping channels.  I once saw a print-out (by zip code) of the 
purchases made via the Asheville, N.C. cable TV sytem, and I was 
astounded.  

Why can't municipalities tax these transactions, if they think they can 
tax Internet transactions?  Does federal regulation of the cable industry 
preclude it?  I know that federal law caps cable TV franchise fees at 5 
percent of gross revenue for access to city right-of-ways.  Do cable 
operators typically include home-shopping revenue in their calculations 
of gross revenue?  I doubt it.

I would be interested in hearing your views on this.

Wally Bowen

On Mon, 17 Feb 1997, Gary Chapman wrote:

> 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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