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1993-06-04
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Copyright 1993, Middlesex News, Framingham, Mass.
Middlesex News, Page 1, June 5, 1993.
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 5-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 Legislators quickly repealed taxes on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 telecommunications
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.
``Can 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?''