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A Case for Free Enterprise

July 3rd, 2009 by Barry Silverstein

As a North Carolina resident, I was disheartened to learn of our legislators’ decision to tax Internet affiliate marketing revenue. While the state may be an early adopter of such a practice, it does not bode well for the future. States are like dominoes – if one state finds a successful way to generate tax revenues, it’s only a matter of time for the others to fall in line.

From a practical perspective, it’s not hard to understand the current financial mess the states are in. The federal government has all but abandoned them. When businesses aren’t making money and consumers are keeping their cash instead of spending it, tax revenues dry up. It’s simple: States need to find new and creative ways to get money in their coffers. Never mind the fact that they may waste funds on questionable projects or allocate dollars for politically motivated reasons.

But here’s the problem: The Internet is not merely a sales channel – it has become the repository of our nation’s and the world’s information, and the engine of our nation’s and the world’s economy. As such, its value must be recognized as above and beyond something a state should be able to arbitrarily tax.

Harvard Business School Professors John Deighton and John Quelch, writing in AdAge, offer some startling statistics from a study they prepared with Hamilton Consultants for the Interactive Advertising Bureau:

  • Roughly two percent of Americans are directly or indirectly employed in jobs that support the Internet. The dollar value of their wages is about $300 billion.
  • The Internet directly pours about $175 billion into the U.S. economy – but it influences economic activity that creates an annual value of $444 billion.
  • About 190 million people in the United States use the Internet an average of 68 hours per month. The value of this time, conservatively speaking, is about $680 billion.

Deighton and Quelch also discuss the Internet’s impact on job creation, telecommuting, and society through social networks and online communities. The implications go far beyond the economic impact of the Internet.bDeighton and Quelch conclude with this point:

“When regulators start trying to constrain the Internet, let’s be aware of its enormous and ever-increasing economic and social impact. The Internet is an economic powerhouse that drives U.S. competitiveness and productivity.”

Each state and the federal government should think long and hard before they mess with that.

4 Comments

Eric Peters said:

I think all of the articles with respect to the loss of jobs + revenue impact of a state imposing such affiliate marketing nexus laws to be a bit sensationalist.

Any company who makes enough to employ people (or for their own salary/etc) will just pay the $300 to setup an LLC in nevada/delaware or setup a $10/month PO Box and you can just signup all of your affiliate programs through your wholly owned subsidiary shell company. Hell even Microsoft has all of their Bulk Licensing Revenue flow through Nevada for tax purposes. There’s nothing innovative about businesses having to deal with taxes – only the short-sightedness of the legislators trying to wring more money out of an over-taxed system instead of trying to think of ways to spend less.

The sad part is the beaurocracy the government ends up imposing – but it should have little impact on anyone who is making a living through affiliate marketing – or for the companies who run the programs.

Jody said:

“…tax Internet affiliate marketing revenue…” Unless I misunderstand that phrase, you are referring to income earned by affiliate marketers. Isn’t that taxed just like any other earned income would be already? I would expect it to fall into the self-employed category.

I don’t think you are saying that you believe that commissions earned by affiliate marketers are or should be tax-free, so – I await being corrected or a move to NC.

Barry Silverstein said:

Jody:
The issue is not earned income tax… the issue is that affiliate marketers would be required to collect sales tax on selling advertising. Hope this clears up the confusion.

Barry

Jody said:

Thanks, Barry. I knew I wasn’t exactly on the right page about this.

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