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1993-08-22
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Date : 06-12-93 at 09:08 Message 64 of 93
To : ALL Number: 20981
From : LES REEVES Status: Active
Subject : DUMB LAWS HIT CHANNEL 1 Ref. : 0
Conference : 41 ■LEGAL Rec'vd: Yes
--------------------------------------------------------------------------------
The section of the state law is 830 CMR 64H.1.6 should anybody care to
look it up.
Adam
Middlesex News, Framingham, Mass., 6/5/93, page 1
By Adam Gaffin
NEWS STAFF WRITER
The state Department of Revenue may be attempting to apply an obscure
section of the state tax code to bulletin-board systems and other
providers of computer information services.
If successful, the effort to force such services to collect sales tax
on fees charged to users for their modem time could reap significant
new revenues for the state as the online information field expands.
But Brian Miller says it could wipe out his business and put a damper
on one of the state's few growth industries.
Miller is co-owner of Channel 1, a Cambridge-based bulletin-board
system that charges users for access to online conferences, databases
and collections of computer programs. It is unrelated to the satellite
school television service of the same name.
Recently, auditors from the revenue department spent two weeks going
over Channel 1's books, under a section of the state tax code related
to the provision of telecommunications services.
Companies that provide telecommunications services are supposed to
collect a five percent tax from "retail" users, such as individuals.
Until the Channel 1 audit, officials at computer information providers
in Massachusetts thought the law applied only to telephone companies
or facilities such as hotels that provide phone service to customers.
Miller points to one section of the state tax code that says telephone
access to computer databases is "generally not taxable" and to another
section that states that "information" is not taxable.
A spokeswoman for the Department of Revenue declined comment, saying
privacy concerns mean the department cannot talk about either
individual actions or enforcement of laws against specific industries.
The tax was passed in 1990 as part of an overall effort to tax
services in the state. Legislators quickly repealed taxes on
professionals such as lawyers and accountants, but kept the
telecommunications levy.
The telecommunications tax law states that the cost of "information"
is exempt only if providers give users bills that explicitly show the
cost of information and the cost of its "transmission," which is
taxable.
Like other online services, Channel 1 does not break down its bills
this way. But Miller said he does not actually provide telecommun-
ications services, anyway. All of his users communicate with the
system by dialing up its number through their existing phone service.
The company now has 185 incoming phone lines to handle the 3,000 modem
calls that come in every day from around the country.
Miller says that, according to his accountant, the audit could mean a
tax bill and penalties of $100,000 dating back to 1990 -- enough to
destroy "seven years of blood, sweat and tears" by himself and his
wife, Tess Heder. They built the system up from one phone line
connected to a personal computer.
Channel 1 is one of the country's largest bulletin-board systems. But
it is dwarfed by such companies as Prodigy and CompuServe.
"It's a real boost to small business in Massachusetts," Miller said
sarcastically.
The law specifically exempts broadcasters and cable-television
companies. However, in coming years, experts foresee a growing
industry supplying "information" such as movies on demand through
computer and telephone networks. AT&T, for example, recently announced
plans for a movies-on-demand service. Meanwhile, IBM and MCI have
formed a joint venture to develop a developing computer networks that
could provide similar services.
Yet at the same time, cable companies are beginning to move into
fields once the domain of telephone companies and computer networks.
Jerrold/General Instrument, which makes cable TV "converter" boxes, is
now marketing a unit that will let viewers connect to computer
services such as Prodigy.
The Channel 1 action worries Barry Shein, president of Software Tool
and Die of Brookline, which provides access for a fee to the Internet
network.
"C an we retroactively bill customers for the last three years'
service?" Shein, who's already met with his accountant on the issue,
asked. "Will the DOR be willing to do that?"
Adam Gaffin
Middlesex News, Framingham, Mass. adamg@world.std.com Voice: (508)
626-3968.
Fred the Middlesex News Computer: (508) 872-8461.
---
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