Sharing Economy Regulatory Approaches For Combating Airbnb S Controversy Regarding Taxation And Regulation
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Sharing Economy Regulatory Approaches For Combating Airbnb S Controversy Regarding Taxation And Regulation
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Author : Julia Maurer
language : en
Publisher: GRIN Verlag
Release Date : 2016-05-19
Sharing Economy Regulatory Approaches For Combating Airbnb S Controversy Regarding Taxation And Regulation written by Julia Maurer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with Law categories.
Bachelor Thesis from the year 2016 in the subject Law - Tax / Fiscal Law, grade: 1,1, , language: English, abstract: Over the last few years, the sharing economy has grown substantially with new high-profile businesses emerging. Especially Airbnb became an integral part of the accommodation industry and disrupted traditional hotel and Bed and Breakfast businesses. However, at present, Airbnb has to face many controversies due to consumer safety, regulatory and tax evasion issues. As regulators and legislators established laws and regulations with the traditional economy in mind, they are not suited for the sharing economy and application often remains uncertain, especially in the area of taxation. Consequently, the difficulty of establishing an effective regulatory framework for the sharing economy is receiving considerable attention currently. Therefore, this thesis aims to identify some of the challenges that will be of concern to regulators when developing a regulatory framework and outlines some guiding principles for regulating Airbnb. Finally, this thesis finds that a self-regulatory approach could be the most effective solution to encounter the difficulties and controversy.
Law And The Sharing Economy
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Author : Derek McKee
language : en
Publisher: University of Ottawa Press
Release Date : 2018-11-27
Law And The Sharing Economy written by Derek McKee and has been published by University of Ottawa Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-27 with Business & Economics categories.
Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.
Regulating Sharing
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Author : Rashmi Dyal-Chand
language : en
Publisher:
Release Date : 2016
Regulating Sharing written by Rashmi Dyal-Chand and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
In a country where good fences are believed to make good neighbors, sharing is surprisingly in vogue. The success of sharing economy icons such as Airbnb and Uber has generated a wave of commentary on the cultural, philosophical, and social impacts of sharing. In the legal realm, however, a disturbing dissonance exists between excitement over this seemingly new way of doing business and regulatory floundering. Is Airbnb a hotel chain, a rental agency, or a website provider? Is Uber a taxicab service employing hundreds of drivers or a developer of an app? These questions remain unanswered. Yet policy makers cannot regulate the sharing economy without answering them. This legal dissonance is caused by the failure to recognize the sharing economy as a distinct capitalist system that requires new regulatory approaches. To date, both regulators and scholars have evaluated sharing against a Coasian norm that assumes the dominance of the traditional firm, the primacy of private ownership, and the asymmetrical leveraging of information. This approach obscures the answers to basic, but crucial, questions about how the sharing economy operates. Using “varieties of capitalism” theory, this Article argues that the sharing economy is a nascent form of a coordinated market economy, a form that flourishes in some parts of Europe. The key task in regulating this alternative capitalist system is to understand and regulate the institutions that support it. On the basis of this theoretical insight, this Article proposes a regulatory model that prioritizes an inquiry into the institutions of the sharing economy as a means to answer the questions vexing policy makers. It also applies the model to two of the pressing problems of the sharing economy, namely concerns about worker equity and consumer safety.
Legal Tech And The New Sharing Economy
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Author : Marcelo Corrales Compagnucci
language : en
Publisher: Springer Nature
Release Date : 2019-12-13
Legal Tech And The New Sharing Economy written by Marcelo Corrales Compagnucci and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-13 with Law categories.
The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.
Feedback Loop Failure
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Author : Abbey Stemler
language : en
Publisher:
Release Date : 2018
Feedback Loop Failure written by Abbey Stemler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Thousands of rooms, houses, yurts, and castles are reserved on Airbnb each day. Soon-to-be travelers, who are sometimes thousands of miles away from their future resting places, make their selections based on host provided descriptions, pictures, and former guest reviews. The latter are essential for building trust and giving travelers the confidence they need to interact with strangers. These trust mechanisms known as feedback loops or reputation systems are considered the “real innovation” of the sharing economy. Solving George Akerlof's seminal “lemons problem” and leading to a world where there is a “diminished need for regulatory oversight and legal remedies because consumers [can] police misconduct themselves,” according to University of Chicago law professor Lior Strahilevitz. Indeed, Airbnb CEO Brian Chesky states “cities can't screen as well as technologies can screen. Companies have these magical things called reputation systems...government should exist as the place of last recourse” (emphasis added). Yet, approximately 95% of the offerings listed on Airbnb boast an average user-generated rating of either 4.5 or 5 stars (the maximum). Similarly, Uber, the peer-to-peer driving service, has indicated that only 1% of Uber drivers receive below three stars (out of five). Is it possible that all of those hosts and drivers are above average? Unlikely, even with the help of “magic.” In recent scholarly debates concerning the regulation of the sharing economy, the accuracy of the feedback mechanism incorporated into platforms has largely been unquestioned. However, new and existing evidence from the fields of economics, management, and behavioral psychology shows us that these reputation systems might be flawed, which can lead to uniformed decision-making and consumer fraud. As they develop new ways to regulate the sharing economy, scholars and regulators must take a critical look at their dependency on reputation systems. This Article is organized as follows. Section I briefly defines the sharing economy. Section II outlines the market failure of asymmetric information within the sharing economy and shows how scholars, regulators, and industry rely on reputation systems to correct for it. Part III demonstrates how reputation systems may be flawed. The Article concludes by offering potential solutions to address various forms of feedback loop failure. By exploring the limitations of reputations, this Article will hopefully help increase awareness among regulators of the problem and help them develop more effective regulations both inside and outside of the sharing economy.
Tax Regulation Transportation Innovation And The Sharing Economy
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Author : Jordan M. Barry
language : en
Publisher:
Release Date : 2015
Tax Regulation Transportation Innovation And The Sharing Economy written by Jordan M. Barry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Many emerging companies' business models center on helping consumers to share assets in new ways. This “sharing economy” has already experienced tremendous growth and attracted considerable investment capital and talent. Yet, as is often the case with economic innovations, existing regulatory structures have hindered the growth of the sharing economy, reducing its popularity and slowing its development. This Article explores the tension between innovation and regulation, both in general and in a specific context: the intersection of the transportation sector of the sharing economy and the qualified transportation fringe benefit rules of Internal Revenue Code Section 132. We illustrate how regulators' legitimate concerns combine with the uncertainty surrounding new ways of doing business to create regulatory environments that place new industries at a disadvantage. We also argue that two of the most common approaches that regulators adopt to foster new industries - expanding regulation to encourage new industries and restricting regulation to spur innovation - are both flawed. In tax and other areas of law, these approaches tend to operate cyclically, with each coming into fashion for a time until its flaws are deemed unbearable and it gets replaced by the other. This cycle will continue until someone comes up with a better innovation.
Betwixt And Between
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Author : Abbey Stemler
language : en
Publisher:
Release Date : 2017
Betwixt And Between written by Abbey Stemler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Airbnb, Uber, Eatwith, and other sharing economy platforms facilitate short-term rentals, transportation, meals, and even pet sharing. These “sharing economy” companies are part of what is also called “collaborative consumption” or “the peer-to-peer economy.” The companies in the sharing economy use technology to connect people who have private excess capacity to those who want to purchase it. Rather than staying in a hotel, customers can stay in a spare bedroom through Airbnb; rather than hiring moving companies, customers can get help moving via TaskRabbit; rather than going to a restaurant, customers can have a meal prepared for them in someone's home via Eatwith. TIME Magazine listed the sharing economy as one of the ten ideas that will change the world, and Forbes estimates that the revenue flowing through the sharing economy will surpass $3.5 billion in 2014, with growth exceeding 25%. At that rate, peer-to-peer sharing is moving beyond a fringe movement and becoming a disruptive economic force. Look only to Airbnb, which at six years old has a valuation of $13 billion, much higher than the Hyatt hotel chain ($10 billion), and Uber, which at four years old has a valuation of $40 billion, greater than Hertz, Avis, and Enterprise combined. Companies using this relatively new business model have faced innumerable legal challenges. In some places, platforms are simply banned from operating; in others, supply-side users or the platforms themselves are punished. The reason for the difficulty and uncertainty is that the sharing economy is in a “betwixt and between space” -- it does not fit within existing legal frameworks. Platforms view themselves as online companies regulated by Internet law, though they execute mostly in the offline world. Furthermore, sharing economy platforms are facilitating transactions that have always been legal, but are now executed on such a large scale that the potential for harm to the public is very real. What are the rules when the lines blur between giving a friend a ride to the airport and operating as a professional driver? This paper argues that existing laws cannot effectively regulate the sharing economy, because the sharing economy is uniquely comprised of individuals profiting from their personal excess capacity. These individuals operate microbusinesses, which cannot, without devastating consequences, be regulated like traditional businesses. The paper proposes a new framework for regulators that will support the benefits of the sharing economy while still achieving regulatory goals such as fraud prevention, safety, revenue, risk allocation, and fair competition.
The Impact Of The Sharing Economy On Business And Society
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Author : Abbas Strømmen-Bakhtiar
language : en
Publisher: Routledge
Release Date : 2020-01-09
The Impact Of The Sharing Economy On Business And Society written by Abbas Strømmen-Bakhtiar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Business & Economics categories.
The emergence of new platform business models, notably the sharing economy, is impacting the economy in various ways, altering the structure of many industries, and raising a number of economic and political issues. This book investigates the widespread influence of the sharing economy on businesses and society, as well as examining its underpinning economic principles and development. This volume presents an exhaustive review of the existing knowledge on the sharing economy and addresses several major areas of concern for incumbent businesses. It also explains the business models for those who are interested in embarking on their own ventures and provides an excellent source for further research. It takes an in-depth look at controversial labour policies, such as using labour as self-employed contractors or using regulatory grey areas to expand in markets. It is highly multidisciplinary, establishing links between economics, finance, marketing and consumer behaviour. This contribution on the sharing economy will enable researchers and graduate and doctoral students to expand and improve their understanding of this topic and identify new research problems in all of these areas. The book will also appeal to policy makers, regional and local government decision makers, and those interested in labour markets transformation.
When Everything Is Small
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Author : Kellen Zale
language : en
Publisher:
Release Date : 2018
When Everything Is Small written by Kellen Zale and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
The sharing economy -- the rapidly evolving sector of peer-to-peer home-sharing and ride-hailing transactions facilitated by platforms like Airbnb and Uber -- offers the potential for economic growth, greater sustainability, and expanded access for underserved groups. But the massive number of small-scale activities facilitated by these platforms is also resulting in negative cumulative impacts and exposing regulatory fractures, from the loss of long-term rental housing to discrimination against protected classes to increased burdens on public infrastructure.This Article contends that scale is a defining feature and fundamental challenge of the sharing economy. Small may be beautiful, but when everything is small, the regulatory challenge is immense. Small-scale activities that once fit the criteria for light or no regulation are occurring at scales at which non-regulation makes little sense. As the sharing economy becomes an increasingly large segment of the public accommodations and transportation markets, the traditional ways we distinguish between activities that we should regulate and those we treat with regulatory leniency no longer fit. Existing regulatory systems, from civil rights and environmental law to consumer protection and tax law, do not map neatly onto the configuration of scale in the sharing economy. This regulatory misfit threatens to result in inequitable and discriminatory outcomes across the sharing economy.Effective governance of the sharing economy requires a more complete understanding of the role of scale. This Article investigates the implications of scale in the sharing economy, focusing on the prominent sectors of home-sharing and ride-hailing. The Article unpacks how massive numbers of home-sharing and ride-hailing activities are producing negative cumulative impacts and exposing regulatory fractures, which threaten to undermine a range of important public policies -- including affordable housing, civil rights, and consumer protection -- and considers possible legal regimes for responding to scale.
Regulating The Sharing Economy
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Author : Raymond H. Brescia
language : en
Publisher:
Release Date : 2016
Regulating The Sharing Economy written by Raymond H. Brescia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The significant expansion of new, peer-to-peer businesses, supercharged by the internet and mobile technologies, has led to an exploration of the proper role that government regulation and oversight should play in these new ventures and markets. The value these companies bring in terms of convenience, quality, and competition justify an approach to regulation that promotes innovation but recognizes the need for consumer protection within these markets. As within this so-called “Sharing Economy,” where companies, regulators, and consumers grapple with the question of how to strike the right balance between innovation and consumer protection, there is an industry that shares many features with Sharing Economy models, one that has dealt with many of these same questions for centuries. That industry is the legal profession, and the manner in which it, and the regulatory infrastructure that has evolved as that sector has evolved, offers lessons to those who wish to explore the best way to regulate the Sharing Economy. Because the legal profession shares so many features with the Sharing Economy and has wrestled with many of the same questions with which actors inside and outside the Sharing Economy now struggle, one can glean insights from the lessons learned over the centuries of the development of the rules and protections that govern the functioning of the legal profession to help inform the debate over the need for and contours of any coming regulatory oversight of the Sharing Economy. Moreover, as the manner in which the legal profession has been regulated over the last two centuries exhibits many of the hallmarks of New Governance approaches to regulation, one can also consider New Governance models in any approach to regulation of the Sharing Economy. This Article thus attempts to engage in an analysis of the evolution of regulation of the legal profession in the United States to unearth lessons from that evolution and draw insights from it that might inform approaches to regulating the Sharing Economy and help strike the balance between innovation and consumer protection. These prescriptions consciously borrow from New Governance models to suggest an approach to regulation of the Sharing Economy that will encourage experimentation and innovation, while not jeopardizing consumer safety.