In legal no-man's land: the collaborative economy needs its own laws

The collaborative economy needs its own laws. It deserves better than to live outside the law or fearful of its strict implementation.

We all know that when we install Linux, rent our car to a neighbor through Social Car, pay for honey using a local currency like Ecosoles or contribute to finance a project through Goteo, we generate economic, social and, in many cases, ecological value. Despite its benefits, the collaborative economy still finds itself in many legal grey areas. This new economy works, sometimes, by default: our GDP does not take into account the clothes dried under the sun instead of using the dryer, or the ten cars not produced for each car that is being shared. In other cases, this new economy is governed by creation: it promotes economic exchanges and projects that otherwise would never have existed. It eliminates wasteful situations and enables others that contribute. Production measured in Euros, employment measured in number of jobs, property validated by attorney…none of these accounting units are relevant to this secondary economy in which individuals can activate their skills and assets in a circle of trust. In such a system, citizens become a comprehensive every day trader. Our tax system is based on centralized ownership, traditional businesses that create jobs, transactions that have a suspicious lack of profit, quarterly tax obligations that are independent of the volume of activity, and complex legislation that requires the advice of an expert to avoid involuntary mistakes. Being forced to register as a freelancer or microentrepreneur to be able to rent your car sporadically, pay for items with a social currency while paying your taxes in another one, and contribute to projects you can't participate in as a shareholder are not adequate solutions for citizens engaging in such activities. The collaborative economy needs its own laws. It deserves better than to live outside the law or fearful of its strict implementation. However there are individual examples in which people are offered more choices. Bristol City Council accepts tax bills in the local currency. The Brazilian and Uruguayan shared economy is exempt from taxation, due to the fact that it contributes to social welfare. Other countries allow sporadic income up to a certain limit, as for instance Spain and Germany, although the circumstances and limits under which these regulations apply are often complex. It is inevitable that social innovation is ahead of the law. But still it would be

desirable to raise awareness for the potential of the collaborative economy among legislators and encourage them to create a specific framework for it, as this would foster its growth and rescue it from its current situation in legal no man's land. Shall we get started?   Orginally published in Spanish at Yorokobu Magazine under CC BY-SA 3.0 license Do not miss the OuiShare Talk with Javi Creus (12 Feb @ Makers of Barcelona) Header image Berdea under CC BY-SA 3.0 license