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introduction

impacts

byte tax

Australia

global

section heading icon   the byte tax


This page looks at proposals for a 'byte', 'bit'  or 'email' tax.

subsection heading icon   the proposals

Those taxes would essentially involve a charge (by a national government or, in some of the more problematical proposals, by a body such as the United Nations) on traffic over the internet. 

Internet service providers and telecom carriers would collect a flat user fee, or a charge per 100 emails, or a charge by the quantity of information sent/received (eg for internet telephony and video). What would be charged, how the tax would be collected and how it would be spent depends on which proposal you're considering.

Broadly, proponents argue that such a tax will offset the erosion of traditional revenue collection as we all go online or that it's a new, low-impact tax that can be used for international development. Revenue would rise and fall in direct proportion to use of information & communications technologies (ICT) and in the cost of ICT related employment. 

Critics argue that such taxes are regressive (ie disproportionately affect the poor), won't work without total international cooperation, and that the technology for administration doesn't exist or remains too expensive.

subsection heading icon   the EU report

While there's disagreement, the first major proposal for taxing electronic information was by Arthur Cordell in a 1994 Club of Rome report. It was further developed in a number of papers by Cordell and Ran Ide in 1995. In Europe, the 1996 HLEG Policy Report (pdf) of the High Level Expert Group on the Social Aspects of the Information Society, chaired by Belgian economist Luc Soete, argued that the growth of electronic commerce - particularly on a cross-border basis - was seriously eroding existing tax regimes. 

The report called for research into alternative revenue collection mechanisms, including a tax on every byte sent over the net. Proponents argued that a tax at a very low level per byte would be accepted by users yet would replace part of the VAT (GST) and other revenue lost to ecommerce. 

In 1994 a figure of around 1 cent per megabit was proposed; that was said to be "very low" but has since been criticised as out of kilter with broadband developments (eg one Canadian estimate claims for video on demand the tax is equivalent to 2 cents per second or C$72 per hour and for speech over C$4 per hour).

The HLEG recommendations were rejected by the European Commission. The 1998 Ottawa OECD conference on ecommerce resulted in government endorsement of  arguments in the Electronic Commerce: Taxation Framework report that existing taxation principles should apply to ecommerce (eg no 'byte taxes').

subsection heading icon   1999 UN Report

In 1999 the Globalization With A Human Face (Raworth Report) report commissioned by the United Nations Development Programme included proposals for a byte tax, along with a wide-ranging review of intellectual property rights aspects of the World Trade Organization, such as the TRIPS agreement discussed in our intellectual property guide. 

Revenue would be used by the UN in developing lower-income areas within nations such as the US and Australia and in addressing global development needs. 

The proposal reflected suggestions by leading economist James Tobin for what's become known as the 'Tobin Tax', a user fee/gross receipts tax on electronic financial transactions - with revenue being used to address north-south or other 'divide' issues.

The report proposed a tax of the equivalent of one US cent on every 100 emails sent by an individual. The authors claimed that such a tax would have generated US$70 billion in 1996, more than total official development assistance that year, although user costs would be negligible. Given soaring growth in email, global revenue would now be significantly higher; it is estimated that in Belgium in 1998 the tax would have yielded $10 billion. 

All well and good, but the report conceded that the UN wasn't in a position to enforce the tax. The report also referred to proposals for a 'digital tariff' on transmissions, reflecting disparities in global internet traffic (eg the US is a net exporter) and ongoing discussion at the World Trade Organization. 

In May 1998 the World Trade Organization's (WTO) 132 member states announced that they "will continue their current practice of not imposing customs duties on electronic transmissions".

As you would expect, the  report was widely criticised as unviable: administratively impractical, politically unrealistic. 

subsection heading icon   state of play 

The EU has, in effect, officially backed away from studying a byte tax. The WTO 'Stand-still Agreement' remains in place.

As noted earlier in this guide, in the US the federal Advisory Commission on Electronic Commerce (ACEC) has been holding hearings on Internet-related tax proposals.  Don't hold your breath for coherent, practical outcomes.  The March 2000 round of consultations mainly demonstrated disagreement within the federal government, between individual states and within business groups.

Bricks-&-mortar retailers, including the International Council of Shopping Centers and International Mass Retail Association, have formed the E-Fairness Coalition, a lobby group advocating a 'level playing field' at the state and national levels. The Internet Tax Fairness Coalition (ITFC) is another lobby group.

The 1998 Ottawa OECD conference on ecommerce resulted in government endorsement of the Electronic Commerce: Taxation Framework report that argued that existing taxation principles should apply to ecommerce (eg no 'byte taxes'), there should be no discriminatory taxation, consistent standards for cross-border taxation should be developed, consumption taxes should be imposed at the place of consumption, and digitised products should not be regarded as goods for consumption tax purposes.

subsection heading icon  
other approaches

There are recurrent proposals from various sectors for a content or recording tax, variously a levy on recordable media (blank CDs, Zip disks and floppy disks) or devices (computers, VCRs). 

A model is the the US Audio Home Recording Act 1992, using a tax on DAT recorders and blank DAT media to fund royalties to authors, performers and publishers. 


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