Taxation of Professional Income on Digital Platforms: World Experience in Regulation
Abstract
The theme of taxation of income of individuals from activities in that they do not have an employer and do not hire employees under contracts is becoming increasingly relevant in many countries. There are especially many issues of the taxation of citizens who carry out economic activities using digital platforms. This issue is also urging one for contemporary Russia. The purpose of the article is to develop ideas for improving tax legislation in terms of taxation of income of individuals from activities they carry out using digital platforms, in which they do not have an employer and do not hire employees. It is planned to develop these proposals, including on the basis of the researching and implementing best practices. The authors examine the foreign experience of taxation of income of persons who works using digital platforms, as well as experience in designing models of tax agency of digital platforms in foreign countries and integration associations; analyze the practice of taxation of income of individuals from activities in they do not have an employer and do not attract employees under contracts in various countries. The proposals for improving Russian tax legislation are formulated. Given that models of digital platforms’ participation in tax relations are in the process of formation in most countries, the Russian legislator can both use best practices and take into account the mistakes of other states and avoid constructing models that have already shown their shortcomings. It is noted that in most states the main attention is paid to the problem of indirect taxation, while the issues of taxation of the self-employed working on digital platforms have not yet been practically settled. The authors have implemented in the study formal legal and comparative legal methods of research.
References
Brogi E., Carlini R. (2021) Accelerating Adoption of a Digital Intermediary Tax. In: M. Moore and D. Tambini (eds.) Regulating big tech: policy responses to digital dominance. New York: Oxford University Press, pp. 127–148. DOI: https://doi.org/10.1093/oso/9780197616093.003.0008
Cicin-Šain N., English J. (2022) DAC 7: An Entire New Framework for Joint Audits in the EU: How Do the Taxpayers Fare? Intertax, vol. 50, no. 1, pp. 7–27. DOI: https://doi.org/10.54648/TAXI2022002
Grinberg I. (2018) User Participation in Value Creation. British Tax Review, no. 4, pp. 407–421.
Hayashi A.T., Kim Y.R. (2023) Taxing Digital Platforms. Virginia Journal of Law and Technology, vol. 26, no. 3, pp. 1–14.
Kordina I.V., Khlebovich D.I. (2021) Marketplace as a Business Model of E-Commerce. Izvestiya Baikal’skogo gosudarstvennogo universiteta=Bulletin of Baikal State University, 2021, vol. 31, no. 4, pp. 467–477 (in Russ) DOI: https://doi.org/10.17150/2500-2759.2021.31(4).467-477
Kraulin K.K. (2022). Limits of Product Liability of the Marketplace Owners in Russia and the USA. Cifrovoe pravo=Digital Law, no. 3, pp. 20–42 (in Russ.) DOI: https://doi.org/10.38044/2686-9136-2022-3-3-20-42
Mazhorina M.V. (2020) Cyberplace and Methodology of International Private Law. Pravo. Zhurnal Vysshey shkoly ekonomiki=Law. Journal of the Higher School of Economics, no. 2, pp. 230–253 (in Russ.) DOI: https://doi.org/10.17323/2072-8166.2020.2.230.253
Mironova S.M. (2023) Tax on Professional Income. Five years of the experiment: Interim Results. Finansovoe pravo=Financial Law, no. 9, pp. 2–6 (in Russ.)
Persiani A. (2023) DAC7: Some Thoughts on the Different Roles of Platform Operators and the Appropriate Definition of the Scope of Reporting Obligations. EC Tax Review, vol. 32, no. 4, pp. 163–171. DOI: https://doi.org/10.54648/ECTA2023021
Russo R. (2023) Introduction. Reflections about the Implications of Platforms and Technology for Taxation and Taxpayers’ Rights. In: D. Weber (ed.) The Implications of Online Platforms and Technology for Taxation. Amsterdam: IBFD, pp. 1–8. DOI: https://doi.org/10.59403/3r0nqgv001
Shatalov S.D. et al. (2024) Professional Income Tax: Discussion Issues from the View of the Subjective Composition of the Tax Regime. Vestnik Moskovskogo universiteta. Gosudarstvennyi audit=Bulletin of Moscow University. Government Audit, no. 1, pp. 34–45 (in Russ.)
Sidorenko E.L. (2022) Definition of “Digital Platforms”. In: The Platform Economy: Designing a Supranational Legal Framework. Singapore: Palgrave Macmillan, pp. 77–92. DOI: https://doi.org/10.1007/978-981-19-3242-7_6
Solodchenkova O.A. et al. (2023) Multicategory Marketplaces in Russia: Current Development Trends. Vestnik Altaiskoi akademii ekonomiki i prava=Bulletin of Altay Academy of Economy and Law, no. 1, pp. 135–140 (in Russ.). DOI: https://doi.org/10.17513/vaael.2681
Stevens S.A., van Wamelen J.T. (2021) The DAC 7 Proposal and Reporting Obligation for Online Platforms. EC Tax Review, vol. 30, no. 1, pp. 24–30. DOI: https://doi.org/10.54648/ECTA2021003
Tikhonova A.V. (2021) Key Issues of Taxing Self-employed in CIS Countries. Finansovyi zhurnal=Financial Journal, vol. 13, no. 6, pp. 81–97 (in Russ.) DOI: https://doi.org/10.31107/2075-1990-2021-6-81-97
Vartašová A., Cervena K., Olexova C. (2022) Taxation of Accommodation Services Provided in the Framework of the Collaborative Economy in the Slovak Republic. In: Proceedings of the 5th International Conference on Tourism Research. Reading (Mass.): Academic International Conferences Ltd., pp. 433–440. DOI: https://doi.org/10.34190/ictr.15.1.108