Showing posts with label sales tax. Show all posts
Showing posts with label sales tax. Show all posts

COGS in the VAT Machine, by Deltango Vale

As an American living in Europe and, more importantly, as a resident of Second Life since 2006, I have become increasingly concerned by the apparent lack of strategic vision on the part of Linden Lab. At the beginning of 2008, I wrote ‘An Assessment of Second Life’ in which I said:
“Philip Rosedale and the Board of Directors are highly skilled engineers with little or no knowledge of economics, economic history, strategic planning or customer relations. As Second Life grows from a technological startup to a mature business, they are out of their depth. They are making serious mistakes. They are destroying the wealth and confidence of the entrepreneurial class who risked enormous time and money to build Second Life in the first place.”
In May, Mark Kingdon replaced Philip Rosedale as CEO. In July, he gave us his second-month ‘State of the Union Address’. His first major policy review concerns VAT. This is an important issue because it not only affects European entrepreneurs (landowners and content creators), but LL’s solution to this problem will tell us much about the new executive team and the future of SL’s social, economic and commercial environment.
Let me put VAT in context. Linden Lab is no longer a software startup or even a service provider. Linden Lab’s product, Second Life, is more akin to a national economy than a game or social network. The closest historical parallel would be the Virginia Companies of London and Plymouth (1606) whereby the success of the Virginia Company of London depended on the success of Jamestown (1607). Yet this description too is limited. Linden Lab has created the world’s largest realtime, transnational, free-market community.
VAT is a sales tax levied by the European Union on goods and services, passing through the value chain like a bad penny to the final consumer. To the best of my knowledge, Linden Lab got itself into this mess by opening an office in Brighton, England, thereby gaining a physical presence in the EU, thereby acquiring a legal presence in the EU. The most efficient solution to the VAT problem, therefore, would be to close the Brighton office.
Presuming that LL cannot now extricate itself from the EU Tar Baby - even by closing the Brighton office - how should the VAT problem be resolved? Here is what Zee Linden has to say, “Our business in Europe has quadrupled each year since 2004 and already it has more than quadrupled in 2007 through September. As a result, we can no longer afford to absorb these costs for European Residents.”
Yet the conclusion does not follow from the premise. In terms of propositional logic, Zee’s argument is incomplete. In fact, I could draw the opposite conclusion: that as a result of its enormous success in the European market, Linden Lab can afford to absorb VAT - and do so without detriment to non-EU residents. Let’s take a closer look.
COGS (Cost of Goods Sold) is a cost that varies with sales. The simplest way to think of it is the cost of hiring more salesmen or designers when your business grows. Alternatively, think of the cost of electricity for a restaurant. The more customers you have, the more food you cook, the more electricity you use, the higher your electricity bill. Needless to say, it would be stupid to turn away customers in order to save on electricity. You need to measure costs against revenues.
Gross Margin = Gross Revenue - COGS.
By absorbing VAT, Linden Lab would face an increase in COGS. In addition, Linden Lab would face a surcharge on existing European revenues. At the same time, passing VAT onto European entrepreneurs reduces Gross Revenue because 1) existing European entrepreneurs withdraw their financial and human capital from SL, 2) potential European entrepreneurs decide against investing in SL and 3) the reduction of European participation undermines the Network Effect (a term used by economists to describe increasing marginal returns).
In other words, passing VAT onto European residents is not ‘free’. While absorbing VAT reduces Gross Margin, passing it on reduces Gross Revenue. I maintain that absorbing VAT is the lesser cost - especially in the long term. I believe that by passing it on, Linden Lab is turning away customers to save on electricity.
Imparting VAT is akin to charging European customers higher fees based on higher European electricity costs. Such ‘discriminatory pricing’ would make sense if customers and commodities were encapsulated in geographic areas (cars or restaurants in Tokyo versus Paris), but it does not make sense in a realtime, transnational market such as Second Life.
Here is the problem. For a player in Arkansas, the price of a new island is $1000 + $295 per month tier; for a player in Aberdeen, the cost is $1175 + $347 per month. Multiply the difference by 50 sims and it is obvious that no European will create a continent such as Dreamland, Caledon or Paradise dAlliez. Yet, it isn’t just the big players who get hurt. I watched a neighbor’s half-sim mainland store go to the wall the day VAT appeared on her bill.
There is more to it than just money. The once-harmonious relationship between Americans and Europeans has come under tremendous stress as a result of Linden Lab’s current practice of discriminatory pricing. The issue has run like an open sore for months as European entrepreneurs bled out of the game to the catcalls of their American brethren. If SL is to be an American game, no problem, but unless LL reverses its policy of discriminatory pricing, it’s nonsense to pretend Second Life will become a ‘global village’ in the face of massive regional disincentives.
Discriminatory pricing balkanizes the SL community and distorts the transnational market. It creates a set of inworld social and economic conditions that undermine the current and future revenue stream of the company. The result is not the healthy competition of the free market or Olympic Games, but the pernicious business of economic nationalism. A restaurant that turns away customers to save electricity is bad enough, but one that does so by setting higher menu prices for Europeans is unlikely to remain convivial.
Deltango Vale

The Truth About VAT

It's about 2 weeks ago now that Linden Labs announced that they would have to charge VAT to all account and island fees to any European Union located resident. Of course we covered this event in our Finance section when it happened, and another article about outraged residents visiting Robin Linden's office hours. Although Linden Lab (LL) has given some extra information about the backgrounds of it all, now that we have a better overview of the situation, and done some research, it is time to state some additional facts.


Who is affected?

When you created your account, you have filled in the country you live in. If this country is one of the 25 members of the European Union (EU), you are affected. The residents in the EU make up about 39% of all active accounts in SL (more statistics here).

Is Linden Lab correct in applying VAT?

Basically, yes. Back in 2002, the European Council decided that online services provided by non-EU countries are taxable in the EU state where they are consumed. The location of the servers, or statutory location, or address where the bills are coming from is not relevant. They consulted experts (and I bet they talked to tax authorities as well) concluded that if you live in an EU country, the service is consumed there. You have a browser on your local computer that is needed for the service to be rendered, or consumed as they say, and that alone is enough to consitute this fact.

Should we, or LL, pay back taxes?

The EU rule came into effect not long after the EC directive was issued. I believe it was sometime in 2003. This means that taxes should actually have been paid since then. But if we, the consumers, should have paid back taxes, LL would already have said so. Linden Lab has not said anything to date about this, so it is unknown how this works. They have probably paid those back taxes themselves (it would be a gargantuan administrative job to get all those taxes from their residents, especially where residents already have left SL. Or they might have made a deal with the tax authorities of the EU.

What effects does this have, financially?

Everyone in the EU has to pay taxes on their account fees and privately owned island fees (tier). The tax rate that you have to pay depends on the EU country that you reside in. Most of the countries have tax rates varying around 18-20%, some of them are lower (Cyprus 15%, Spain 16%) or much higher (Denmark 25%, Sweden 25%). Unless you have a company in Real Life that pays the bills (with a VAT id-number, in which case you can get them reimbursed), the prices are just increased by the applicable VAT rate.

But mind you, with the current exchange rate between the US dollar and the Euro, things are cheaper for Euro-users anyway. So that might make it a bit easier to accept.

And there is another aspect. If EU based people have to pay more maintenance fees for their sims (up to US$800 per year), they will have to get reimbursement. So the EU based sim owners will have to offer their land for resale or lease at a higher price than non-EU residents. That creates unfair competition.

Why all the outrage?

It comes naturally when people have to pay more. Especially when there is a price increase between 15 and 25%. However, what bugs most residents, is that there was no kind of advance notice. Some residents even received the email after the VAT was charged to them. And apparently, LL have been planning this for a while already.

On top of that LL does not seem to care about cultural differences between the USA and Europe. In the USA it's more common to advertise prices excluding taxes. In Europe, however, it's good custom to show prices including taxes. So even if people were assuming they were already paying taxes, it must have been calculated into the price already. Or at least should be now. On the other hand, this would pose a big problem for Linden Labs, because they would see their revenues go down a lot, and they would have to change pricing anyway, which would be unfair to the other 2/3 of the residents.

What's behind this?

Obviously, Linden Lab is obliged to do this. However, considering the lack of advance notice, and the way they handled this alltogether, seems to make clear that they don't care about their European residents as much as they care about the USA based residents. Could this have to do with the fact that European people are a pain in the butt already? Protesting the ban on gambling for instance? Or could it have to do with the fact that LL is getting Second Life ready to link to other virtual worlds? Who knows ...

Conclusion

The course of action around this VAT issue has upset a lot of residents. However, it is doubtful that a lot of people will leave Second Life over it, if any. But it will hurt the in-world economy, with the unfair competition issue at hand, as stated above. People will think twice before buying a sim of their own, or even increasing the land allowance on their premium accounts.


Other media

The Life4U Second Life tv station has already done an issue about this. I personally gave an interview about VAT, from my perspective as EU based resident, sim owner and accountant (my RL job). And of course every paper has spent at least some effort to cover the VAT changes.

Linden Lab was unavailable for comments so far.