There's an interesting article over at Stinky Journalism that's gotten a fair bit of play on journalism sites but I haven't seen mention of it in the UGC/web 2.0 world. The premise of the piece is that users who create and donate content to sites such as Huffington Post are actually creating a tax liability... for themselves:
"Is the 'donation' of a citizen's content (video, articles, commentaries, images) to for-profit media outlets that exceeds a fair market value of $12,000 in any single year subject to gift tax? Judging from the IRS guidelines, the answer is 'yes.'"
The article goes into a lot of detail on the gift tax and the ultimate issue, which is the fair market value of contributions a user makes to a UGC website. Obviously if you contribute something of little or no value, then there is no gift and thus no tax. So dropping one more picture into the large pool of Flickr photos is not shifting a whole lot of value from the photographer to Flickr. But if a user writes a post (or uploads a photo or video) to an established media site and that site sells ads against that asset, then there's a clear argument that some amount of value has been transferred which could then create a taxable event:
"Since copyrighted materials such as articles and videos have inherent and marketplace value--are bought and sold, require investment, generate production costs that can be tax deductible, defended as valuable in copyright violation cases and are often appraised as assets in estates (all taxable events as judged by the IRS rules)—it would only be sleight-of-hand or a new ruling from the IRS that would make the transfer of ownership of content from the citizen journalist donor to the for-profit media company not a taxable event."
In my mind, this is more of a barter transaction than a gift: users create for and upload to these sites with the hope of getting paid back in attention, links and internet fame. Of course, a barter of such kind is still a taxable transaction, something that the authors do discuss briefly towards the end of the piece. Either way, these types of user generated media sites are arguably creating a tax liability (insignificant though it may be) and the folks at Stinky Journalism do raise interesting questions.
Right now for the most part, little value is passing back and forth so it's hard to imagine this is an area that the IRS is going to spend much time with any time soon. This is not the first time the internet has moved faster than taxing authorities, in the early days of internet retail one of the big values of buying online was avoiding sales tax. Now that online retail has scaled up, it's become a much bigger issue that is still not settled. I'm not sure we'll see enough scale up in the aggregate value of user created content donated to media sites to make this issue a real one any time soon.