Academic Scientific JournalsTax in the Metaverse: EU Perspective
Keywords:
Metaverse, Taxation, EU law, Tax complianceAbstract
The metaverse's rising prominence spans diverse sectors, presenting new economic opportunities. However, it also challenges tax policies and enforcement. This article examines the metaverse's taxation complexities and proposes EU legal solutions and seeks to confirm the hypothesis that the existing EU tax law is sufficient to address tax evasion in the metaverse, as it provides comprehensive provisions that can be effectively applied to virtual transactions.
A mixed-method approach has been utilised for this paper, combining a literature review and analysis of EU laws to understand taxable activities in the metaverse. Analogies were frequently employed to elucidate virtual and real-world asset differences. While the literature tends to be somewhat outdated, it provides good theoretical insights. However, these insights must be critically considered due to rapid technological changes over the past decade, serving as guiding principles rather than rigid policy directives.
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References
Brastíková, L.: Právní aspekty NFT [Legal Aspects of NFTs], epravo.cz [elaw.cz], 2022. Available at: https://www.epravo.cz/top/clanky/pravni-aspekty-nft-115419.html, accessed: May 21st, 2023.
Code of Conduct on Transfer Pricing for Multinational Enterprises and Tax Administrations (OECD, 2017). Fairfield, J.A.T.: Virtual Property, Boston University Law Review, vol. 85, no. 4, 2005.
Garbers von Boehm, K., Haag, H., Gruber, K.: (2022). Intellectual Property Rights and Distributed Ledger Technology with a focus on art NFTs and tokenized art. Policy Department for Citizens' Rights and Constitutional Affairs, European Parliament. Available at: https://www.europarl.europa.eu/RegData/etudes/STUD/2022/737709/IPOL_STU(2022)73 7709_EN, accessed: June 9th, 2023.
Kasiyanto, S.: The Legal Conundrums of the Metaverse, Journal of Central Banking Law and Institutions, vol. 1, no. 2, 2022. Available at: https://jcli-bi.org/index.php/jcli/article/view/25/15, accessed: June 9th, 2023.
Tang, T: Legal Realities of Virtual Property, Cross-Sections, no. XII (September), 2017 Available at: https://studentjournals.anu.edu.au/index.php/cs/article/view/93, accessed: June 9th, 2023.
Study on the legal framework for virtual property in the EU. European Parliament. 2023. Available at: https://www.europarl.europa.eu/RegData/etudes/STUD/2023/751222/IPOL_STU(2023)75 1222_EN, accessed: June 9th, 2023.
The Base Erosion and Profit Shifting Project (consolidated text OECD/G20 Base Erosion and Profit Shifting Project, Action Plan on Base Erosion and Profit Shifting, 2013, as amended).
The OECD Model Tax Convention (consolidated text OECD Model Tax Convention on Income and on Capital, 2017, as amended). Virtual property: An evolving legal landscape. European Commission. 2022. Available at: https://ec.europa.eu/social/main.jsp?langId=en&catId=89&furtherNews=yes&newsId=10417 #navItem-relatedDocuments, accessed: May 21st, 2023.
Legal acts
Convention on Mutual Administrative Assistance in Tax Matters between the Member States of the European Union and the OECD (Official Journal of the European Union C 326, 26 September 2010).
Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on administrative cooperation in the field of taxation and amending Directive 2011/16/EU (consolidated text Official Journal of the European Union L 141, 5 June 2015, as amended).
Directive (EU) 2016/1164 of the European Parliament and of the Council of 12 July 2016 on administrative cooperation in the field of taxation and repealing Directive 2011/16/EU (consolidated text Official Journal of the European Union L 193, 19 July 2016, as amended).
Directive 2011/16/EU of the Council of 15 December 2011 on administrative cooperation in the field of taxation (consolidated text Official Journal of the European Union L 64, 11 March 2012, as amended).
Treaty on the Functioning of the European Union (consolidated text Official Journal of the European Union C 326, 26 September 2010).
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