peer 2 peer regulation
Post on 09-May-2015
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Regulation and the sharing economy
ERIK DE RIDDER
LEGAL ADVISOR
CENTER FOR SUTAINABLE ECONOMIES AND LAW
BRUSSELS – EUROPE
CDER.BE
Context
In the EU and in Belgium, we start to see more & more peer 2 peer interactions between individuals, organisations and companies.
‘Sharing’ Interactions are happening in a legal shadow area and are entering the radar of EU, national, regional and local authoritities.
E.G: P2P taxi services: Uber.com P2P hotel services: Airbnb.com
…But also the following ‘interactions’:
Sharing activities
Barter (Iedereen.ruilt.mee.be, eggsandrabbitholes.com ) Gifting (Paynut.org) Buying groups (Samensterker.be) Peer 2 peer car sharing (Autopia.be, Tapazz.com) Coöperatives in energy, finance, insurance (Ecopower, New. B) Complementairy currencies (Ecoiris.be) Community supported agriculture (Velt.be) Crowdsourcing (99designs.com) Crowdfunding (Crofun.be, Growfunding.be) Timebanks (Tijdbank.cc)
Sharing activities
Open source (Farmhack.org) Fair trade (Oxfam) Co-housing (Samenhuizen.be) Co-working; (Factory 40, Betacowork.com,
transformabxl.be/ ) Consensus decision making (Loomio.com) Local Exchange Trade Systems (LetsVlaanderen.be) Copyleft (Creative Commons License, Peer Production
License) Intentional Communities: (Transition networks)
Stakeholders
Governments are not fully prepared to deal with these issues (cfr. conviction of Uber by the Brussels trade court)
Cities and Governments argue against these platforms: Dishonest competition: no license, no compliance with
city regulations! Safety issues! Quality issues! Consumer protection issues! Insurance and risk issues! Social and tax law Issues! Tax fraud! Cartels!
Stakeholders Sharing economy private companies like Uber might argue :
We provide C2C/B2B technology intermediary service, not transport services.
We DO: Broker Services cfr. Google, Ebay Geolocalisation Services cfr. Google Maps Payment Services cfr. Goldman Sachs, Paypal
We DO NOT: Employ people ( we have no authority over drivers thus
do not employ them) Render transport Services
Innovative, Efficient, Effective! Consumer interest: lower prices! EU Free Competion of Services Directive! Cartels!
Stakeholders Sharing economy non profit entities like Taxistop,
LetsVlaanderen, Eco-Iris etc. might argue: We promote and facilitate sharing activities between
citizens:
This is a not for profit activity – covering only expenses
This is volunteering! This is social and ecological! This is helping neighbours! This is building up lively neighbourhoods! This is not subject to:
Insurance Tax and social security contributions
Stakeholders
And the citizen??? Suppose you are an individual ‘interacting’ or ‘sharing’
goods, skills or knowledge with other individuals , what then is your legal position?
Taxation
Under the Belgian volunteering law you can earn exempt of tax and social security contributions:
An income of max 1.308,38 EUR per year and 32,71 per day
Car/ bike Travel expenses of max 0,3461/0,22 EUR per km per day – max 300 EUR per year.
This can be combined with unemployment income under certain formal conditions
Taxation
Under the Belgian income tax code you can earn an occasional Income (i.e. not a regular, professional activity)
But this has to be reported in your income tax return! Taxed as diverse income at a fixed rate of 33% Combinable with unemployment income If turnover <15.000 EUR without VAT
Taxation
Under the Belgian income tax code you earn taxable professional income:
When you regularly perform professional for profit activities subject to:
Income tax (Personal, Corporate or Non Profit) Social security contributions VAT
if turnover > 15.000 EUR per year You should register with VAT authorities
Taxation
You are advised to register either:
as independent (eenmanszaak) as company (VOF, Comm. V, BVBA, NV, CVBA) as not for profit entity ( VZW, Stichting).
Conclusion
Now what should Public sector, companies, not for profit organisations and citizens do?
Collaborate to enhance creation of the best possible platforms, networks or utilities for the distribution of: Transport Energy Food Currency Data Public Policy Law and security
For the benefit of all citizens/contributors/users/stakeholders (cfr. people, planet, profit)
Conclusion The ultimate beneficial ‘ownership’ structure for the costs
and benefits of these ‘innovative’ platforms is important to take into consideration: Value driven? Which Values? People, Planet, Profit? State, Private, Public or Common? Competitive or Coöperative ? Centralized, Decentralized, Distributed or Participative ? Global, Regional or Local ? Stand alone or Networked? Analog or Digital? Closed or Open Source? Protected with a Traditional License, Creative Commons
License or Peer Production License?
Conclusion
Conclusion: We start noticing the emergence of activities:
Mixing the above summed up elements; Supported by internet technologies (complex
algoritmes etc) Not fitting in the current legal system and concepts
that, we must not forget, was designed in Napoleontic civilization.
Private sector, Public Sector, Not for profit sector AND Citizens should start collaborating to deal with these emerging activities.
Contact
More info:
Erik De Ridder Independent Tax and Legal advisor Founder of the Belgian Center for Sustainable Economies
and Law Research, Education, Advise and Network Referral on
Sustainable Economies and Law Cder.be (in Dutch) ridderik@gmail.com + 32 476/98.44.84
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