Taxing Uber

  • Nevia Čičin-ŠainEmail author
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 76)


Sharing economy has disrupted not only labor or competition law but also tax law. With the proliferation of various online sharing platforms, enabled by technological advances, classical work organizations that usually appeared in the form of medium or large companies, as an expression of economic vertical integration, now started to dissipate into a cloud of self-employed entrepreneurs gathered around one or several suppliers of labor—the platforms. These suppliers of labor claim to be simple intermediaries, putting into contact individuals seeking and offering services, often by using their own idle assets. Value is thus created through the interaction of many dispersed individuals, rather than by a single centralized entity. As will be explained in this chapter, there are currently not only labor law incentives, but also tax incentives, to structure businesses in the way Uber and other “gig” entrepreneurs have done. Countries, on the other hand, are facing a drop in tax collection of indirect taxes (VAT/GST), as well as direct taxes (withholding taxes or payroll taxes) caused by the increasing quantity of individuals taking part in this new form of economy. Alongside these specific problems related to the new form of work organization used by Uber and other online sharing platforms, there is the issue, albeit not specific solely to sharing economy, of tax avoidance schemes used by the platform itself. Unlike the traditional intermediary businesses, Uber and other similar sharing platforms (such as AirBnB) which rely heavily on the use of an intellectual property (IP), in this case the Uber application, can easily relocate their profits to low-tax jurisdictions, leaving high-tax jurisdictions where their income is effectively being earned, without their fair share of tax. These circumstances also create an increasingly unfair market competition between the “gig” entrepreneurs and the participants of the traditional “brick-and-mortar” economy which remain under the scope of the existing tax rules, without the possibility to dislocate or morcellate their businesses as the digital economy entrepreneurs are able to do. The following Chapter will thus focus on the questions regarding the tax liability of Uber—both the company itself and individual Uber drivers.



  1. Adams A, Freedman J, Prassi J (2018) Rethinking legal taxonomies for the gig economy. Oxford Rev Econ Policy 34(3):475CrossRefGoogle Scholar
  2. Avi-Yonah R (1995) Updated in 2006. The rise and fall of the arm’s length: a study in the evolution of U.S. international taxation. Virginia Tax Rev 15(1):89. Updated Finance and Tax L. Rev. 9:310Google Scholar
  3. Beretta G (2018) VAT and the sharing economy. World Tax J 10(3)Google Scholar
  4. Elliot, B.C., 2018. Taxation of the sharing economy: recurring issues. Bull Int Tax 72(4a/Special Issue)Google Scholar
  5. Joseph A (2018) Australia, taxing uber drivers. Asia-Pacific Tax Bull 24(2)Google Scholar
  6. Levey MM, Ruchelman SC (1988) Section 482—the super royalty provisions adopt the commensurate standard. The Tax Lawyer 41(3)Google Scholar
  7. Sayliss L (2016) Uber case: a tax perspective on the drivers’ victory in the employment tribunal. Bloomberg BNA, Tax Planning International Review, News ArchiveGoogle Scholar
  8. Vleggeert (Jan 2016) Dutch CV-BV structures: starbucks-style tax planning and state aid rules. Bull Int Tax 70(3)Google Scholar

Monographs and Studies

  1. Codagnone C, Biagi F, Abadie F (2016) The passions and the interests: unpacking the ‘Sharing Economy’. JRC Science for Policy Report, European CommissionGoogle Scholar
  2. European Commission (2015) VAT treatment of sharing economy. Brussels. 22.9.2015., Value Added Tax Committee, Working Paper 878, taxud.c.1(2015)4370160Google Scholar
  3. European Commission (2017) A fair and efficient tax system in the European Union for the digital single market. Brussels. 21.9.2017., COM/2017/547 finalGoogle Scholar
  4. European Commission (2018) Communication from the Commission to the European Parliament and the Council, Time to establish a modern, fair and efficient taxation standard for the digital economy. Brussels. 21.3.2018., COM/2018/146 finalGoogle Scholar
  5. Gravell JG, Marples DJ (2018) Issues in international corporate taxation: the 2017 revision (P.L. 115-97). Congressional Research ServiceGoogle Scholar
  6. Maine J, Nguyen X-T (2017) The intellectual property holding company: tax use and abuse from Victoria’s Secret to Apple. Cambridge University PressGoogle Scholar
  7. OECD (2015) Addressing the tax challenges of the digital economy, Action 1—2015 final report. OECD Publishing, ParisGoogle Scholar
  8. OECD (2017a) the changing tax compliance environment and the role of audit. OECD Publishing, ParisGoogle Scholar
  9. OECD (2017b) Technology tools to tackle tax evasion and tax fraud. OECD Publishing, ParisGoogle Scholar
  10. OECD (2018) Tax challenges arising from digitalisation—interim report 2018: inclusive framework on BEPS. OECD Publishing, ParisGoogle Scholar
  11. OECD/G20 (2013) Addressing base Erosion and profit shifting, OECD Publishing, ParisGoogle Scholar
  12. Office of Tax Simplification (2015) Employment Status Report. LondonGoogle Scholar
  13. Office of Tax Simplification (2018) Platforms, the platform economy and tax simplification. LondonGoogle Scholar
  14. Rasier (2014) Rasier Software Sublicense & Online Service AgreementGoogle Scholar
  15. Uber B.V. (2014) Financial report 2014 for Uber International C.V. Filed at the Kamer van KoophandelGoogle Scholar

Online Publications

  1. Companies House (2019) Companies house portal. Accessed 4 Mar 2019
  2. Delaware, State of Delaware, Department of State: Division of Corporation (2019) State of Delaware Portal. Accessed on 4 Mar 2019
  3. European Commission (2018a) Fair taxation of the digital economy. European Commission Portal. Accessed on 4 Mar 2019
  4. European Commission (2018b) VAT thresholds. European Commission Portal. Accessed on 4 Mar 2019
  5. Henni J (2018) Comment Uber France parvient à ne payer que 1,7 million d’euros d’impôt. BFM Business Portal. Accessed 4 Mar 2019
  6. McDonald JD, Lipeles SL, Pollack S (2015) IRS modifies active lease and licensing regulations. Baker McKenzie Portal. Accessed on 4 Mar 2019
  7. Ministry of Economy and Finance, Italy (2018) Joint initiative on the taxation of companies operating in the digital economy. Ministry of Economy and Finance Portal. Accessed on 4 Mar 2019
  8. Navarro A (2018) Uber to withhold Mexico driver taxes in landmark deal. Bloomberg Technology Portal. Accessed on 4 Mar 2019
  9. Newcomer E (2018) Uber shows a quarterly profit, sort of, thanks to grab deal. Bloomberg Technology Portal. Accessed 4 Mar 2019
  10. O’Keefe B, Jones M (2015) How Uber plays the tax shell game. Fortune Portal. Available at Accessed on 4 Mar 2019
  11. Uber B.V. (2017) Uber B.V. Terms and conditions. Uber Portal. Accessed on 4 Mar 2019
  12. US Senate Committee on Homeland Security & Governmental Affairs (2019) Apple Inc. US Senate Committee on Homeland Security & Governmental Affairs Portal. Accessed on 4 Mar 2019
  13. US Senate Permanent Subcommittee on Investigations (2012a) Offshore profit shifting and the U.S. Tax Code—Part 1 (Microsoft & Hewlett-Packard). US Senate Committee on Homeland Security & Governmental Affairs Portal. Accessed on 4 Mar 2019
  14. US Senate Permanent Subcommittee on Investigations (2012b) Reuven S. Avi-Yonah testimony for hearing on profit shifting US senate permanent subcommittee on investigations on September 20, 2012. US Senate Committee on Homeland Security & Governmental Affairs Portal. Accessed on 4 Mar 2019
  15. van Duijn H-J (2016) The CV/BV structure in the post-starbucks era: inadmissible state aid, Yes or No?. Kluwer International Tax Blog Portal. Accessed on 4 Mar 2019
  16. Yoder LD (2016) Subpart F: revised active rents and royalties exception. Bloomberg BNA Portal. Accessed on 4 Mar 2019

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.Institute for Austrian and International Tax LawWirtschaftsuniversität WienViennaAustria

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