[House Hearing, 114 Congress] [From the U.S. Government Publishing Office] THE SHARING ECONOMY: A TAXING EXPERIENCE FOR NEW ENTREPRENEURS, PART I ======================================================================= HEARING before the COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTEENTH CONGRESS SECOND SESSION __________ HEARING HELD MAY 24, 2016 __________ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Small Business Committee Document Number 114-062 Available via the GPO Website: www.fdsys.gov _________ U.S. GOVERNMENT PUBLISHING OFFICE 20-199 WASHINGTON : 2017 ____________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Publishing Office, Internet:bookstore.gpo.gov. Phone:toll free (866)512-1800;DC area (202)512-1800 Fax:(202) 512-2104 Mail:Stop IDCC,Washington,DC 20402-001 HOUSE COMMITTEE ON SMALL BUSINESS STEVE CHABOT, Ohio, Chairman STEVE KING, Iowa BLAINE LUETKEMEYER, Missouri RICHARD HANNA, New York TIM HUELSKAMP, Kansas CHRIS GIBSON, New York DAVE BRAT, Virginia AUMUA AMATA COLEMAN RADEWAGEN, American Samoa STEVE KNIGHT, California CARLOS CURBELO, Florida CRESENT HARDY, Nevada NYDIA VELAZQUEZ, New York, Ranking Member YVETTE CLARK, New York JUDY CHU, California JANICE HAHN, California DONALD PAYNE, JR., New Jersey GRACE MENG, New York BRENDA LAWRENCE, Michigan ALMA ADAMS, North Carolina SETH MOULTON, Massachusetts MARK TAKAI, Hawaii Kevin Fitzpatrick, Staff Director Jan Oliver, Chief Counsel Michael Day, Minority Staff Director C O N T E N T S OPENING STATEMENTS Page Hon. Steve Chabot................................................ 1 Hon. Nydia Velazquez............................................. 2 WITNESSES Ms. Caroline Bruckner, Executive-in-Residence, Accounting and Taxation, Managing Director, Kogod Tax Policy Center, Washington, DC................................................. 4 Mr. Rob Willey, VP Marketing, TaskRabbit, San Francisco, CA...... 6 Mr. Morgan Reed, Executive Director, ACT/The App Association, Washington, DC................................................. 7 Mr. Joe Kennedy, Senior Fellow, Information Technology and Innovation Foundation, Washington, DC.......................... 9 APPENDIX Prepared Statements: Ms. Caroline Bruckner, Executive-in-Residence, Accounting and Taxation, Managing Director, Kogod Tax Policy Center, Washington, DC............................................. 22 Mr. Rob Willey, VP Marketing, TaskRabbit, San Francisco, CA.. 54 Mr. Morgan Reed, Executive Director, ACT/The App Association, Washington, DC............................................. 59 Mr. Joe Kennedy, Senior Fellow, Information Technology and Innovation Foundation, Washington, DC...................... 73 Questions for the Record: None. Answers for the Record: None. Additional Material for the Record: CEETA - Coalition for Effective and Efficient Tax Administration............................................. 80 Coalition to Promote Independent Entrepreneurs............... 82 THE SHARING ECONOMY: A TAXING EXPERIENCE FOR NEW ENTREPRENEURS, PART I ---------- TUESDAY, MAY 24, 2016 House of Representatives, Committee on Small Business, Washington, DC. The Committee met, pursuant to call, at 11:00 a.m., in Room 2360, Rayburn House Office Building, Hon. Steve Chabot [chairman of the Committee] presiding. Present: Representatives Chabot, Luetkemeyer, Hanna, Gibson, Brat, Radewagen, Knight, Curbelo, Kelly, Velazquez, Clarke, Chu, Hahn, Meng, and Adams. Chairman CHABOT. The Committee will come to order. Good morning. We want to thank everyone for being here, and a special thanks to our witnesses who have taken time away from their busy schedules to be here with us today. We are really looking forward to their testimony. We are here to examine an exciting new phenomenon in our society, the sharing economy. This new economy goes by many names--app, gig, on-demand, peer-to-peer, online platform, and collaborative. We have even heard it called the ``Uber economy.'' Some of you may have even taken Uber or Lyft to get to this hearing today. No matter what you call it, the sharing economy is changing the face of American entrepreneurship and small businesses before our very eyes. The dizzying pace of this change has presented many new opportunities and new challenges for the millions of Americans who participate in it. These new platforms have dramatically changed the ways companies provide goods and services, giving their workers unprecedented freedom and independence. This new generation of workers wants to set their own hours and decide which jobs to take. They may work with one on-demand platform or multiple platforms. They may work alone or pool their resources with others. This is the essence of economic liberty and a testament to the power of the free market. However, in their enthusiasm, these entrepreneurs are running smackdab into the buzz saw of an outmoded tax code that is not designed to accommodate them. The tax compliance challenges they face have gone largely unacknowledged so far, but as we are hearing from a growing chorus of entrepreneurs, these tax challenges present new and unnecessary obstacles for our small businesses. Some of these new entrepreneurs fail to file their taxes altogether and, when they do, they often pay too much. They do not know that they can deduct certain expenses or they do not have the records to back up their deductions, putting them at risk for an audit. Unfortunately, the IRS has not been part of the solution for entrepreneurs in navigating this new sharing economy. Too often, it has been part of the problem. Our current tax system is not working for these new small businesses. In many ways, it is working against them. We can do better. We must do better. Today, we will explore some of these problems and discuss some potential solutions with this distinguished panel. We are very much looking forward to hearing from the panel here today, and I would now like to yield to the Ranking Member, Ms. Velazquez from New York, for the purpose of her opening statement. Ms. VELAZQUEZ. Thank you, Mr. Chairman. Technology has long been a catalyst for entrepreneurship. In keeping with this trend, development of the sharing economy has created new challenges for entrepreneurs to sell goods and services. Innovators are harnessing the web to create platforms and markets that allow the selling, renting, and trading of everything from apartment space, to transportation, to artisan craft goods. The numbers strongly suggest that this new sharing economy is here to stay. More than 1.5 million internet users have used TaskRabbit to hire people for odd jobs. As of September 2015, the Uber app was available in 60 countries and 300 cities worldwide, and it is estimated to fulfill one million rides daily. One reason for this sector's rapid growth may be rooted in broader economic struggles. With job growth still sluggish, enterprising Americans and dislocated workers are seeking new ways to replace revenue. Others seek more flexibility and work- life balance. Renting out rooms and providing lifts in their car have all become ways for ordinary Americans to experiment with entrepreneurship. While the explosive growth of these networks has created new opportunities, the rapid rise raises questions. While many of the workers in the shared economy enjoy flexibility, they must be protected from unscrupulous business practices. Most of the businesses operating in the shared economy classify their workers as independent contractors, not employees. Such a classification saves businesses money through reduced benefits and tax withholdings. Business and courts have long struggled with trying to determine whether certain workers are employees or independent contractors. The courts are currently overflowing with lawsuits over whether companies have misclassified employees and they are prevalent in the sharing economy. As always, the challenge is ensuring businesses and employees are protected without questioning and discouraging promising innovation. Control is a critical factor to this question. If the employer controls the worker, how can the worker be truly independent? With the rise of the sharing economy, this question has become harder to answer as workers are connected to consumers through online intermediaries. Our current approach to answering this question seems to be failing at the expense of hardworking Americans and our nation's tax revenues. One study estimates it costs the United States $54 billion in underpayment of employment taxes and $15 billion in unpaid FICA and unemployment taxes. It is important that as this technological revolution advances, government policy keeps pace. It is also important this committee fully understands what is happening in the new sharing economy and has a grasp on how we can minimize risk for employees while maximizing growth and productivity for small businesses. Today's hearing will give us that opportunity. I would like to thank all of our witnesses for taking the time to be here. Your perspectives will add significant value as the committee seeks to learn more about the sharing economy. With that, Mr. Chairman, I yield back. Chairman CHABOT. Thank you very much. Ms. VELAZQUEZ. Thank you. Chairman CHABOT. She yields back. If Committee members have opening statements prepared, I would ask that they be submitted for the record. Now I will take just a moment to explain our timing system, how it works. It is pretty simple. You get 5 minutes each, and then we will ask questions for 5 minutes. There is a lighting system on your table there to assist you in that. A green light will be on for 4 minutes, and then the yellow light will come on to let you know that you have about a minute to wrap up. The red light will come on and we will ask you to stop. You do not have to stop midsentence, but if you could wrap up we would appreciate it. I would now like to introduce our distinguished panel here this morning. I will introduce all four of the witnesses before we get started. Our first witness is Caroline Bruckner, Executive in Residence of Accounting and Taxation and Managing Director at Kogod Tax Policy Center at American University here in Washington, D.C. In that capacity, she directs a team of small business tax policy experts, economists, and researchers. Ms. Bruckner previously served as chief counsel for the U.S. Senate Committee for Small Business and Entrepreneurship from 2009 to 2014. We welcome you here this morning. Our second witness will be Rob Willey, who is Vice President of Marketing at TaskRabbit in San Francisco, California. TaskRabbit connects users who want to outsource errands to anyone willing to complete them for a fee. The company started in 2008 and currently operates in 18 cities in the U.S. as well as London. With over 15 years of experience in marketing, Mr. Willey has created marketing campaigns for several global clients, including Nike, Cadillac, and Nokia. We also welcome you here this morning. Our third witness will be Morgan Reed, who is Executive Director at ACT, the App Association where he specializes in application development issues. In addition to testifying to the Subcommittee on Health and Technology last year, Mr. Reed has also testified before the U.S. Senate and has written several white papers on app development. He also serves on the Advisory Council of the Mobile Health Information Management Systems Society. I will now like to yield to the Ranking Member, Ms. Velazquez, to introduce our fourth and final witness. Ms. VELAZQUEZ. Thank you, Mr. Chairman. It is my pleasure to introduce Mr. Joe Kennedy, Senior Fellow at the Information Technology and Innovation Foundation. For almost 3 decades, he has provided legal and economic advice to senior officials in the public and private sector involving technology, competitiveness, and the social contract. Mr. Kennedy previously served as the Chief Economist for the U.S. Department of Commerce and as the Senior Economist for the Joint Economic Committee. He holds a law degree and a master's degree in Agriculture and Applied Economics from the University of Minnesota, and a Ph.D. in Economics from George Washington University. Welcome to the committee. Thank you. Chairman CHABOT. Thank you very much. Ms. Bruckner, you are recognized for 5 minutes. STATEMENTS OF CAROLINE BRUCKNER, EXECUTIVE-IN-RESIDENCE, ACCOUNTING AND TAXATION, MANAGING DIRECTOR, KOGOD TAX POLICY CENTER; ROB WILLEY, VP MARKETING, TASKRABBIT; MORGAN REED, EXECUTIVE DIRECTOR, ACT THE APP ASSOCIATION; JOE KENNEDY, SENIOR FELLOW, INFORMATION TECHNOLOGY AND INNOVATION FOUNDATION STATEMENT OF CAROLINE BRUCKNER Ms. BRUCKNER. Thank you for the invitation to join you today to discuss the tax compliance challenges of small businesses driving a sharing economy. My name is Caroline Bruckner. I am on the faculty at American University Kogod School of Business. I am also the Managing Director of the Kogod Tax Policy Center which conducts nonpartisan research on tax and compliance issues specific to small businesses and entrepreneurs. At Kogod, we are currently focused on the tax and compliance issues impacting America's latest iteration of small business owners who are renting rooms, providing ridesharing services, running errands, and selling goods to consumers and business transactions coordinated online and through ad-based platforms developed by companies such as Airbnb, Etsy, Uber, Lyft, TaskRabbit, Instacart, and others. We released our research yesterday in a report titled ``Shortchanged: The Tax Compliance Challenges of Small Business Operators Driving the On-Demand Platform Economy'' to shed light on these issues as Congress moves forward with tax reform. Having spent more than a year investigating these growing problems, we report on what the existing debate has yet to acknowledge: that for tax purposes, on-demand platform economy service providers and sellers are, in fact, small business owners, and there are millions of them working and earning income in ways that are not readily identifiable by existing government research or publicly-available taxpayer filing data. We argue that these issues should be considered by Congress and the IRS, not only because millions of American taxpayers are needlessly burdened trying to comply with an antiquated, outdated tax system, but also because inaction has very real implications on Treasury and IRS' ability to fairly and efficiently collect taxes. A number of findings we reviewed and included in our research are particularly relevant to today's discussion, including, first, more than 2.5 million Americans are earning income in the on-demand platform economy as small business owners every month. This reflects the explosive growth of the on-demand platform economy but is just the latest example of a 66.5 percent increase in alternative work arrangements for U.S. workers from 2005 to 2015. Second, although people do cycle in and out of the on- demand platform economy, during months in which people are actively using platforms to earn income, average monthly income ranges from $533 to $314 per month. Third, by and large, the majority of individuals in the on- demand platform economy work less than 15 hours per week. As part of our research, we spoke with dozens of individuals currently participating in the on-demand economy and initiated a survey of the members of the National Association of Self-Employed (NASE). Our objective was to assess whether tax compliance challenges exist even among a group of taxpayers who by their own self-selection as members of NASE are experienced, self-employed small business owners. Their responses indicate a significant lack of understanding of the information available regarding self-employed tax filing obligations. Specifically, our survey revealed that among respondents who had earned income with an on-demand platform company in 2015, which was approximately 22 percent of all of our respondents, approximately one-third did not know whether or not they were required to file quarterly estimated payments with the IRS on their on-demand platform economy income; 43 percent were unaware as to how much they would owe in taxes and did not set aside any money for taxes on that income; and almost half did not know about any tax deductions, expenses, or credits that could be claimed related to their on-demand platform earnings. As a result, a significant percentage of these taxpayers could face potential audit and penalty exposure for failing to comply with filing rules that are triggered by relatively low amounts of earned income. Costs to taxpayers can also be quantified in terms of time spent preparing returns and chasing down questions to complex tax questions from the IRS. But we heard time and again from taxpayers, on-demand platform companies, and tax preparers that the small businesses operating in the on-demand economy generally want to be honest and pay what they owe, but that the tools and resources do not exist. Indeed, more than 60 percent of our survey respondents who worked for an on-demand platform company in 2015, reported that they did not receive a Form 1099-K or 1099-MISC from their on-demand platform, which likely means the IRS did not either. This is not surprising given that it is entirely consistent with both the Form 1099-MISC filing instructions and the statutory requirements for filing a Form 1099-K. The current tax administration system is not working for a significant percentage of on-demand platform small business operators or Treasury or IRS. At the root of this problem is a lack of information and understanding of tax filing obligations, which is compounded by an information reporting regime that results in widespread confusion, and these tax challenges are only going to continue to grow to impact more and more self-employed small business owners. Our assessment of the general confusion state of play when it comes to filing taxes on that income earned from on-demand platform work was consistently reinforced by interviews with tax preparers, industry experts, and our own survey. Everyone is losing under the current rules. Both the on-demand economy players and the IRS deserve greater efficiency and less hassle. We can do better. Again, I thank you for the opportunity to join today's discussion and for the work you do on behalf of America's small businesses. Chairman CHABOT. Thank you very much. Mr. Willey, you are recognized for 5 minutes. STATEMENT OF ROB WILLEY Mr. WILLEY. Mr. Chairman, Ranking Member Velazquez, and members of the House Small Business Committee, I am Rob Willey, Vice President of TaskRabbit. Thank you for the invitation to testify today. More importantly, thank you for the interest in the topic that captures the legal, regulatory, and public policy challenges that confront millions of individuals that look to platforms like ours to improve their daily lives. Founded in 2008, by Leah Busque, our founding member, we set out to revolutionize every day work. Now, most of us have probably figured out one day or another that we needed a time to have someone help us with yardwork, fix a shelf in our house, paint a room, or possibly mow our lawns, and today we have recognized and realized that opportunity. With New York being our largest market and London being our fastest growing market, we today have over 50,000 taskers with 5,000 active at any given time, helping everyday people accomplish these everyday types of tasks. Now, with that said, we are looking to change the face of the industries by consistently representing our taskers and their everyday needs. With that, we have promoted and consistently support our taskers with flexible prices, with flexible hours, in flexible locations, on an average of $35 an hour. This is what we call everyday work for everyday people. With that said, only 10 percent of our taskers work full- time. Overall though, the average monthly income for taskers should triple year over year. This part-time flexible nature of our work done by our taskers is consistent with the larger platform economy. A February 2016 study by the JPMorgan Chase Institute found that the overwhelming majority of an estimated 2.5 million Americans who earned income as small business owners using platforms like ours did so to supplement their incomes and better support themselves and their families. With little to no barriers to entry, the on-demand platform economy has become an important option at a time when income volatility continues to change individuals and families. On- demand platforms like ours create a new earning option that is accessible to millions of Americans. Of course, the emergence of the platform economy has sparked an intense debate on the classifications of workers versus independent contractors. The current classification system was defined around a much different economic and technological era and has been shaped mostly by decades of regulations and court cases. As a result, it fuels uncertainty about what we can or cannot do to support our taskers while preserving their flexibility and independence in accessing our platform. As Professor Caroline Bruckner noted, many platform economy participants either do not know or are not fully aware of both their tax obligations and tax benefits as a result of earning income on platforms like TaskRabbit. We at TaskRabbit have no reason to doubt that significant numbers of taskers are facing these types of challenges. For many of our taskers, when they sign up to join our platform, they are making their first forays into the world of self- employment. Some may understand that earning a certain level of income triggers that quarterly estimated payment filing requirements but many do not. It is in TaskRabbit's interest to see our taskers gain a better understanding of tax compliance and planning. Greater flexibility and transparency with respect to tax planning would help maximize return on tasker participation in our networks. It is their freedom as entrepreneurs. Today's topic is just one of many where our taskers could benefit from better training. Our taskers are also looking for direction on how to better market themselves and their services, access health care, and plan for retirement. We at TaskRabbit would like to be a resource, a partner, and a collaborator for them. We urge Congress and relevant government agencies to look at innovative approaches to support their participation in this emerging platform marketplace. As a pioneer of this emerging market, TaskRabbit welcomes the opportunity to work with policymakers as our company grows and matures. We consider this engagement rewarding on many levels. Just last month, for example, we became the first technology company to announce we would follow the diversity principles outlined by the Congressional Black Caucus in its TECH 2020 initiative. Mr. Chairman and Ranking Member Velazquez, we thank you for you and your Committee's interest in taking the time to understand our business and how it is changing what we call the future of work. We appreciate the bipartisan interest in the platform economy, most notably by the Sharing Economy Caucus, co-chaired by California Congressmen Darrell Issa and Eric Swalwell. We hope we can channel this bipartisan energy towards constructive policy solutions that will further enable TaskRabbit and the platform economy to continue to innovate and grow and further empower small business owners and entrepreneurs to efficiently and effectively provide services across the country. Thank you. Chairman CHABOT. Thank you very much. Mr. Reed, you are recognized for 5 minutes. STATEMENT OF MORGAN REED Mr. REED. Chairman Chabot, Ranking Member Velazquez, and distinguished members of the Committee. My name is Morgan Reed, and I am the Executive Director of ACT the App Association. Thank you for holding this important hearing. The App Association represents more than 5,000 small business app makers and connected device companies across the United States. Our member companies have enabled the rise of the sharing economy by leveraging the connectivity of smart devices. Sharing economy companies have grown rapidly over the past decade because they allow instantaneous communication, secure transactions, and personalized relevance to consumers. Moreover, these same factors allow small businesses and tens of millions of Americans to earn more for their families with flexibility and autonomy, all powered by the smartphone in your pocket. But these opportunities will cease to exist if Federal regulations hinder the continued growth of the sharing economy. I want to highlight three tax policy actions that affect our members. First, Congress and the Internal Revenue Service should take great care to ensure the federal tax code enables, rather than stifles the sharing economy, specifically, the treatment of all sharing economy workers as employees under the federal tax code would be detrimental, especially to small businesses. Second, small businesses need certainty and transparency in the tax resolution process, including the ability to settle disputes with the IRS in an effective and efficient manner. Legislation like that proposed by Senator Rob Portman can help ensure that outcome. Finally, Congress should ensure fairness by guaranteeing that Internet sales taxes are based on the seller's location. We call on Congress to reject proposals that would force businesses to become tax experts for thousands of state and local jurisdictions across the United States. But beyond specific policy requests and legislative language, I would like to take a moment to illustrate how the move to the sharing economy is far more than a repackaging of existing services. The popular media tends to describe the sharing economy in terms of companies that displace or disrupt an existing business model. eBay replacing the classifieds or the yard sale, UberX replacing the taxi, and VRBO replacing hotels. But this is a false, or at least limited, dichotomy. The sharing economy not only replaces but also creates new concepts in how people engage and interact. For example, our member, NomFul, a Chicago-based small business utilizes a sharing platform to connect nutrition coaches from across the country to consumers seeking a healthier lifestyle. Using NomFul's service, dedicated coaches answer questions, set benchmarks, and help consumers meet their health goals, but they do not merely connect you to a nutrition expert. NomFul fundamentally switches the paradigm by getting users to change bad habits through ongoing relationships, not just the once a month meeting you would receive with traditional care. Users can take pictures of the food they are eating, share it with their coach, and get real-time feedback and reinforcement. Coaches get insight about the existing habits of the user so that they can step in before a bad decision is made, actively working to prevent diabetes and other health problems. In short, creating healthy habits is relationship dependent. NomFul does not exist without the tools that create our modern sharing economy. You would merely have individual nutrition coaches trying to change years of bad habits with static information given in isolated 60-minute sessions, and there is no possible way that every nutrition coach and registered dietician would provide their own software to provide these new tools, nor could a company writing the software afford to hire an army of nutrition coaches and then hope to create a user base. The only way it works is through a sharing platform, one that allows users to find the help they need and for the coaches to be able to take as many or as few clients as they want. So as you see, NomFul replaces no existing industry. There is a story like NomFul's in every single district in America. Each one of you received a packet of baseball cards with companies from your district. Now, not all of them are sharing economy businesses but they are all part of the revolution taking place, one that is moving hi-tech beyond just big companies. In fact, our most recent study showed that 82 percent of the top app companies are small businesses, most of which bail from places other than Silicon Valley. The companies that you have in hand are looking to grow and succeed, each with their own vision of what success looks like. But the success of the sharing economy is predicated on an empowered workforce, one that can choose to drive for Uber and for Lyft, to open up a bricks and mortar location and provide products or services online, and for platforms to be able to attract users through better training, tools, and clients without triggering a change in tax status. We urge Congress to ensure that the rules we follow make sense in an age where the neighborhood yard sale is now nationwide and where a daily client may not live in the same country. The app ecosystem enables the sharing economy and offers incredible benefits to each and every American, and I look forward to working with you to help advance measures that empower innovation. Chairman CHABOT. Thank you very much. Mr. Kennedy, you are recognized for 5 minutes. STATEMENT OF JOE KENNEDY Mr. KENNEDY. Thank you for the opportunity to testify before you on the subject of taxes and the sharing economy. ITIF's approach to this topic is driven by three considerations. The first is that while the sharing economy is growing rapidly, it still represents only a small fraction of an increasingly diverse labor market. Second, internet platforms are delivering tremendous value to both consumers and workers. In a survey of over 4,600 workers from 11 platform companies, only 7 percent said they were dissatisfied with their experience. Workers earned an average of $7,900 over the previous 12 months, which accounted for 22 percent of their total household income. The average hourly earnings was $28. The third consideration is that the traditional employee/ independent contractor distinction no longer serves much purpose for a growing share of today's labor market. Largely by default, the common law test has become the basis for determining whether all of the major Federal and state labor laws apply. The result is a large amount of uncertainty and litigation which discourages companies from supporting gig economy workers and consumers in a variety of ways. Some of the ways that companies have said that they would like to support their independent contractors include training and access to business and financial advice. Such efforts could be enormously valuable to workers who are, after all, for all intents and purposes, running their own businesses. Within the tax field, help with tax advice, recordkeeping and withholding would be especially important. The tax laws are enormously complex. Workers need to make a number of important decisions, including what form of business to create, whether to set up a new savings plan, and what salary to pay themselves. They need to determine what expenses are deductible and begin keeping the necessary records, and they need to complete their tax filings in a timely manner. In a survey, 20 percent of online workers listed understanding tax and legal obligations as one of their top challenges. In addition, these platform companies could add value to both workers and consumers by setting prices, handling transactions, letting parties rate each other, and conducting background checks. Yet, such activities are often used as evidence of an employer-employee relationship. Public policy should encourage companies to support their workers' careers, irrespective of the work relationship. If a company offers withholding to all workers, or pays for access to tax or business advice, or extends benefits to independent contractors, why would we want to discourage that by insisting that it must also be subject to minimum wage, collective bargaining, and unemployment insurance legislation? In a recent ITIF report, I argue that there are three approaches that Congress can take to begin modernizing the nation's labor laws. The best option would be for Congress to amend each federal labor law by replacing the common law test with a clearer one specific to that particular piece of legislation. The second approach would be to define a third category of workers somewhere between an employee and an independent contractor. Finally, Congress could give platforms devoted to personal services a temporary exemption from most labor laws. The worker of many of these platforms are clearly independent contractors anyway under the common law test. The small size of the gig economy and the temporary nature of the exemption reduce any risk to the broader labor markets. The world around us is rapidly changing. Work arrangements will continue to diversify as companies respond. Congress cannot dictate the shape of future work arrangements. It can, however, play a large role in helping workers get the kind of support they need to have good careers that fit into their increasingly complicated lives. Thank you again for the opportunity to appear before you. Chairman CHABOT. Thank you very much. We appreciate the testimony from all the panelists here this morning, and now we will ask questions. I recognize myself for 5 minutes. Ms. Bruckner, you testified that more than 60 percent of your survey respondents did not receive a Form 1099-K or a Form 1099-MISC. What changes would you suggest to improve reporting to benefit both workers and the IRS? Ms. BRUCKNER. I think that the first thing that we should do is recognize that the instructions for the Form 1099-MISC directs people to use the Form 1099-K for credit card reporting or payments made by credit card, and that creates a tax reporting loophole for income that is earned that is less than $20,000, because there are certain income thresholds for using the Form 1099-K. The IRS should immediately reconsider those instructions on the Form 1099-MISC and see if it can be used for credit card payments less than the income threshold for $20,000. Chairman CHABOT. Okay. Do you have a sense of how many folks are not complying with the tax code because it is too complicated--in the shared economy I am talking about--that it is too complicated and too cumbersome versus, ``I am not going to pay my taxes''? Ms. BRUCKNER. That is a good question. I do not have a hard number on that, but I can tell you anecdotally from when we talk to folks that are in the sharing economy or when we talk to tax preparers that specialize in advising folks who earned income with platform-related work, they were immediately confused as to whether or not they had to pay taxes on their income earned because in many instances they did not get any 1099 at all. Chairman CHABOT. Okay. Very good. Thank you. Mr. Willey, I will move to you now. We have heard a lot today about the tremendous projected growth of the sharing economy in the coming years. What are TaskRabbit's own estimates of the growth that you might expect to see in your company and what areas do you see as having the best growth potential? Mr. WILLEY. If history is any indication of the future, which we believe it is, year over year to date we are growing at 4X on a revenue basis. We are also growing our task--we have 15,000 organic applications from our taskers on a month-to- month basis. Both of those indicate that, one, we are still in the very early days of what the sharing economy could look like; and two, TaskRabbit is well-positioned to be a figurehead of growth. Chairman CHABOT. Thank you. Mr. Reed, I will move to you at this point. We discussed the complexity of all this, how hard it is to get information, how to figure out how to comply with the IRS code under existing code. Very confusing. Is it possible that there is some enterprising entrepreneur out there that could come up with an app, form their own company, to solve this problem rather than the government figure it out for them? Mr. WILLEY. Well, I think that it is a two-pronged test. One, yes, absolutely. In fact, there have been some early-to- market applications that attempted to make the switch. One of the real discoveries that we found is that an application that is on your device to help you with taxes is one that you likely only turn to at that moment of panic. What really we are seeing now is the fact that you have to do an integrated application. You need to be able to pull in the information from TaskRabbit into your tax preparation software on an ongoing basis so that you can keep track of it. And, in fact, that leads to one of the confusing elements we have all been discussing. If TaskRabbit or NomFul or any of these companies were to provide that kind of interactivity and that ongoing information flow and training, well, that might trigger the case of them being considered employees. So on the one hand, it is very hard to put together an application that draws the right information, and on the other, our platforms are concerned about the liability they may take on by providing us the very thing that we need to satisfy the first question you asked, how do we get people to pay their taxes? Chairman CHABOT. Thank you. I have time for one more question. Mr. Kennedy, I will turn to you on this one. Even if we were able to implement a temporary legislative and regulatory moratorium on the sharing economy as you have suggested, you correctly point out that there are myriad of relevant state and local laws that bear on this sector. How would you address inconsistencies between federal action versus state and local? Mr. KENNEDY. I would say two things to that. The first is I think there is room for an increased dialogue between the federal government and the states about what the common rule should be. We would like, ideally, for there to be consistency at the federal and state levels, so encouraging reform at the state level that matches reform at the federal level would be important. The second is that Congress can, to some extent, preempt state laws using the Commerce Clause. There is room for debate about where that line is, but I think there is scope for preempting a lot of the state legislation now. Chairman CHABOT. Okay. Thank you very much. My time is expired. The Ranking Member is recognized for 5 minutes. Ms. VELAZQUEZ. Thank you, Mr. Chairman. Mr. Kennedy, in your testimony you touch on this issue but I would like to hear more discussion on it. There is a level of complexity inherent in operating a business that straddles the boundary between wage employment and self-employment. What can be done specifically in tax law to overcome these challenges? Is it creating a new hybrid definition of an employee or amending the IRS Safe Harbor Rule? Mr. KENNEDY. My personal inclination would be to amend the Safe Harbor Rule to create a brighter line between where a particular law applies and where it does not apply so people know which side they are on. For people who would only make a little bit of money on these platforms, you could raise the threshold so that they do not need--they still need to report the income and pay taxes on it but they do not need to make, say, quarterly payments. There are two hopefully minor reforms that would make a difference. Ms. VELAZQUEZ. Thank you. Ms. Bruckner, there has been some concern from traditional brick-and-mortar businesses about the emergence of the sharing economy business model and how it affects fairness. While I do not advocate one business model over the other, how do we ensure that actions taken to foster entrepreneurship through new methods do not disadvantage businesses that invested time and money to conform to existing regulations when classifying their workers? Ms. BRUCKNER. The first thing that you can do is promote understanding of what your tax filing obligations are because people view unfairness when they think that other people are not paying their fair share. If we take actions on outreach and education on what income you need to pay taxes on and promote what your tax filing obligations are, then you are creating an opportunity for people to actually pay their fair share and creating transparency and making sure that folks, be they in a sharing economy or working for a brick-and-mortar business, are both paying their fair share. Ms. VELAZQUEZ. Mr. Reed, do you have any comments on that? Mr. REED. Well, I think what we all have seen, what the studies have shown from Ms. Bruckner and Mr. Kennedy is that that paradigm of bricks-and-mortar store as a standalone entity is almost nonexistent. Sure, there is a corner bodega that sells ice cream and sundries that will probably always be very isolated, but in nearly every other business, you are going to have a mixed economy. I started a bike store when I was younger. I still own part of a bike store, well, we sell part of our equipment online. We get rid of stuff that we did not sell in the year online. We use services like eBay, et cetera. What I am finding is even your corner independent bike store is probably going to have an interaction in this sharing economy. While it is important to preserve the rights and the capabilities of those brick-and-mortar stores, we have to understand that we are merging into an always connected, always online, and candidly, always selling economy. Ms. VELAZQUEZ. Mr. Kennedy, your views on that? Mr. KENNEDY. I think somebody who has paid a million dollars for their medallion in New York probably feels a bit aggrieved that Uber is competing, but I think if you look at it objectively, Uber is a better model. They are reducing prices. They are serving neighborhoods that traditionally have not been served so well. The riders seem to think it is a better experience. The answer, I think, is not to go backwards into the traditional model but to free up the traditional taxicabs and brick-and-mortar businesses so that they can participate more in the online experience. You see the taxicabs actually starting to put out their own apps now. Reforming some of the traditional laws and traditional regulation would be a more appropriate response. Ms. VELAZQUEZ. Thank you. Ms. Bruckner, if workers are found to be misclassified, what are the current penalties under the tax code? Would they then be penalized automatically under other laws, like the Fair Labor Standards Act as well? Ms. BRUCKNER. Our research did not look at the misclassification legal implications. We think that that is a part of the debate that impacts a very small segment of the overall sharing economy and that there are much larger, broader implications for the growing numbers of independent contractors, freelancers in general. Our research focuses specifically on the existing tax compliance challenges of those folks that are operating as self-employed, small business owners generally. There is, absolutely, misclassification that occurs in every industry at every paygrade and there are extensive legal ramifications, but we focus first and foremost on the smallest of the small business owners and what their tax challenges are. Ms. VELAZQUEZ. Thank you. Thank you, Mr. Chairman. Chairman CHABOT. The gentlelady yields back. Thank you. The gentleman from New York, Mr. Gibson, is recognized for 5 minutes, except he is not here. Okay. Who is next on our side? Okay. The gentleman also from New York, Mr. Hanna, is recognized for 5 minutes. Mr. HANNA. Thank you. This is a fascinating topic. The underground economy, as you know, is growing. Part of this whole conversation has to do with noncompliance. You said $2.5 billion are unreported potential income, and yet there is unanimity that the tax code, if not encouraging this, is not caught up to the issue. So you have the government's desire to eliminate the notion of independent contractors so they all fall under the auspices of the companies that are helping them open these businesses; right? Yet that does not solve the problem, I am interested that there is an issue there. The IRS, people are not sending 1099s because they do not require them, so who is really breaking the law here? Are they looking at the credit card threshold? If they are, how would they even know it? I mean, let's face it. People are saying uniformly that people are not complying, implying that they are uniformed, but we all know that we have to pay taxes. We all know that if we have income, we owe somebody something or at least a report saying we fell under certain--so I do not buy that people do not know that they owe something to someone. Ms. Velazquez said that there is a subtle incentive to make everybody a private contractor because look at what you avoid, the whole FICA issue, the health insurance, all those things. So I think it is a really complicated issue. I am interested in any response you might have, Ms. Bruckner, because who would not want to be like TaskRabbit saying these are all independent contractors and we are not responsible for anybody. I mean, that would be ideal for you. You just collect your percentage and move on, but yet, it is a problem. It is a big problem. Mr. Reed? Mr. REED. Having been a small business owner and having been on both sides of this, I am not sure I would completely agree with the concept that everybody would love to have independent contractors. As somebody who owned a small business, one of the things, one of the reasons I hired people to be employees is that I could count on them to be there. As I pointed out, lots of drivers drive for both Uber and for Lyft, and so you essentially have your employees in a state of competition with you; right? You are having to constantly offer incentives, find new ways to entice them to stay and not jump ship. One of the advantages that you have when you own a business and have employees is there is an opportunity cost to having them there, but it allows you to do different---- Mr. HANNA. No, I am not arguing. Mr. REED. So I think that we are making that decision on kind of an ongoing basis because TaskRabbit has employees, do you not? Mr. WILLEY. Thank God I am one of them. Mr. REED. Exactly. Mr. HANNA. But the premise is the same. I agree with you. I have had hundreds of employees myself. I am new to this job. So I get it. But we have to find a way to disincentivize the companies from doing that inappropriately, and at the same time find a way to help people pay what they are owed, because the IRS cannot run around chasing down everybody who owes them $500. Mr. WILLEY. I do not argue that we need to create the right set of incentives for both companies and for 1099 or taskers, as we call them, contractors, to have the right benefits and right access to whatever they choose. But legitimately right now, our taskers are telling us the one thing they value most is flexibility. In order for us to provide that flexibility, they need to be 1099 contractors. One of the negating factors however, to them filing their taxes or receiving training in any other regard--whether that be professional services, learning how to be better handymen, understanding how to market themselves--is this inability to work directly with them around training. That is ultimately one of the barriers, the issue we are talking about today, and more broadly around how to interact with this workforce in a meaningful way. Mr. HANNA. Do you agree with that, Mr. Kennedy? Mr. KENNEDY. Yes. I would also add that if you are talking about withholding taxes or providing, say, healthcare benefits, the economic evidence is that the employee ultimately pays for that in reduced take-home pay. So it is not really the employee that is bearing the burden; it is possibly the employer. One of the reasons I suggested the temporary exemption is because there is real scope for the companies to come forward in certain areas and have a closer relationship with their employees. Tax is one of them because all the records are electronic, and so providing the IRS with the information is almost costless. But the companies are afraid that this will come back to bite them later in the form of a disgruntled worker saying they were misclassified or an agency coming and saying you did not do this or that. Mr. HANNA. Sure. With workman's comp there is a big incentive to that. Chairman CHABOT. The gentleman's time is expired. The gentleman is granted an additional minute to wrap up. Mr. HANNA. Oh, thank you. Thank you, Chairman. I get all that, but just one last thing. The Affordable Care Act. Regardless of how you feel about it, it impacts it in an enormous way with people in marginal positions and income, the potential to have the cost of that particular health care grow is incredible to me, just from what we read all the time. So thank you. My time is expired. Thank you. Chairman CHABOT. The gentleman's time is expired. The gentlelady from California, Ms. Hahn is recognized for 5 minutes. Ms. HAHN. Thank you, Mr. Chairman, Ranking Member Velazquez for holding this hearing. I agree with my colleague, Mr. Hanna. This is an interesting topic and certainly there are a lot of changes underfoot in how small businesses are operating, how they are going to be paying taxes, how they impact the consumer. It is really interesting. One of the things, I wanted to ask you Professor Bruckner, because you noted in your testimony that 22 percent of the members of the National Association of the Self-Employed responded that they work with an on-demand platform company, like Uber or Airbnb, and of that 22 percent, almost half did not know about any tax deductions, expenses or credits that they could claim related to their on-demand platform income. While most of the discussion so far has been whether or not they are paying their taxes, in general, what kind of tax deductions or credits can be claimed for those in that industry? Also what can we do to maybe better educate this group on the availability of some of these savings? Ms. BRUCKNER. That is a great question. Starting off with the most obvious answer is when you drive for a business, in many instances you can deduct the miles that you drove. The question is do you deduct actual miles that you drive or do you deduct using a standard deduction formula that is in the tax code? In addition, depending on where you work, if you are selling goods online but you produce those goods from outside of your home, can you take advantage of the home office tax deduction? Are there other startup expenses that you might qualify for under the code for being able to expense in becoming your own small businesses? It was really surprising to us that this experienced, self-identified, self-employed population was not aware. At least half of them were not aware of these potential deductions and expenses and even tax credits that could apply to them, which means that they could be very well leaving money on the table when they go to file their taxes. Ms. HAHN. Thank you. I was going to ask Mr. Willey from TaskRabbit, I know we are talking about taxes in this session, but, since you are here, love the business model, love the concept, you know, if only our kids would do their chores we would not have to hire taskers. But one of the concerns that some of us have is background checks of some of those who are now becoming taskers and coming into our homes. Can you walk us through how TaskRabbit vets and administers the background checks for these taskers? Mr. WILLEY. Sure. Trust and safety, holistically, is clearly one of our company's biggest priorities, and I think it is important to state that as we look at a variety of things that happen in the marketplace every day. Clearly us recruiting and/or onboarding taskers is something that operationally we look at every day to make sure it is the best process possible. In doing so, like I mentioned, 15,000 taskers or potential taskers apply to work in the marketplace every month. What that includes is the submission of a form online with basic contact information, which includes their Social Security Number, then we do a background check, which currently they pay for. Then, based on that process, they come in person for a one-hour orientation to learn the processes and procedures of our marketplace, as well as how to use the tasker app in order to answer for potential work. Ms. HAHN. Thank you. Let me also follow up, am running out of time. It is fascinating that we are talking about $35 an hour. I mean, that is like five times---- Mr. WILLEY. The federal minimum wage. Ms. HAHN.--the federal minimum wage. It is incredible. You have stated that thousands of applications are coming to you really without any direct recruiting or marketing. I am thinking about, particularly in the district that I represent in Los Angeles, there are a lot of folks who are looking for work. Many of the neighborhoods are low-income neighborhoods. How can you reach out to some of those other communities in our country who seem to me would be perfect to fill some of these jobs? What can you do to help people find some of these good- paying jobs? Mr. WILLEY. It is a good question actually, and we thank you for your support and that of the City of Los Angeles. You are one of our largest markets. I think you are right. There is more potential and opportunity for us to broaden outreach, to have a broader portion of the market or the population find new work opportunities, and we consistently support that with, one, a livable wage. That is most important to us. Two, is the flexibility, because 90 percent of our taskers do not work full-time in the marketplace, so they are allowed to create other new work opportunities. I would say the third thing, which is the most important, is this idea of transferability of skills. If we can consistently train those that work as taskers in the marketplace with broader skillsets for them to take on and in the future then do bigger, broader things, not only does our existing marketplace benefit, but as do consumers and what we call clients to receive better services. Chairman CHABOT. The gentlelady's time has expired. Ms. HAHN. Thank you very much, and I yield back. Chairman CHABOT. Thank you. The gentleman from Mississippi, Mr. Kelly, is recognized for 5 minutes. Mr. KELLY. Thank you, Mr. Chairman, and I thank the Ranking Member, and I thank this distinguished panel. I really appreciate you being here today. I am going to vary a little bit. People do not like change, and governments do not like change, and so I am talking to some of the other comments that I have heard. This is a system that works but it is different. I see the same thing with overtime rules with small businesses. What governments do not understand, they try to make fit into their mold, into their box, and the net reality is it does not work in that box. They have to adapt to the sharing system and to the small businesses and not try to adapt them to the rules that apply to everyone else. If we do that, if we try to force small businesses or sharing economies to be a part of the regular tax process or agency process, what happens is you fail because we try to insert ourselves. We need to change, not ask you to change. What I find interesting is that the sharing economy is very tangible. The other thing that I find very interesting is it applies to people either as a second job or a supplemental income, not as their primary, so a lot of times they are paying taxes in a primary job. They have healthcare in their primary job. But it is very flexible. I think Mr. Reed, you hit it, flexibility is the key. We absolutely have to be flexible because most of these people are students. They are retirees. They are stay-at-home moms. They are soldiers' wives. They are people who may be moving locations or either tied to a location and tied to other duties, and so that flexibility is the most important. What can we as a Small Business Committee do to make it easier to make sure that the people who want to and should pay their taxes pay them, but also that we keep open that flexibility? I will start with you, Ms. Bruckner. Ms. BRUCKNER. I think holding a hearing on this is a good start. First and foremost we need to be educating other members of Congress about the sharing economy and about the fact that it is just not a millennial phenomenon. If you talk to the platform companies, some of the fastest growing cohorts that they see across the board are baby boomers. This is affecting all sectors of our population, and as you point out, generally, these are people that are doing this part-time or as a secondary source of income. The hassles that they have to face complying with their tax code obligations are things that we definitely should consider moving forward with. How do we make life better for the American taxpayer going into tax reform? Mr. KELLY. Any other comments from the panel? Mr. REED. I think that one of the key elements that we have touched on considerably is ensuring that the IRS allows us to provide the training so that we get these people to understand their obligations. It is ironic that here we are, having a panel about how do we get people to pay their taxes, and yet, as Mr. Willey has talked about, and as our members have discussed, we are concerned that in order to make it easier for them to understand how to pay their taxes we might actually destroy the very business model that allows them to have that flexibility. If there is one conundrum out there that exists, it is the idea that we could find ourselves in the wrong classification trying to help the IRS do their job. Mr. KELLY. This is one of the things, I think the sharing economy is great, just like I think small business is great. Sometimes I think people are threatened, and rather than try to get better at what they do, and you know, if you are getting your tail kicked, you do not make the other team change their rules or quit playing; you get better at what they are doing and you steal or copy or whatever you want to call it, and you get like them. I am going to go back. Professor Bruckner, while the federal government works to catch up to assist the needs of a growing sector of the economy, is there anything that this Committee or various agencies involved can do educationally to inform taxpayers while we work to make the guidance more clear? What should we be doing in the meantime? Ms. BRUCKNER. The number one thing that the IRS can do is start working through its relationships with third-party preparers and with tax preparers, educating them. Because, in many instances, they do not even know how to advise customers that come in and need help with their taxes related to their sharing economy income. Leveraging those third-party relationships and increasing outreach and education to even tax preparers and folks that are engaged in that industry would be a great start. Mr. KELLY. Finally, Mr. Reed, I am going to let you comment if there is time, but one of the things is sales tax, it is a big issue. We cannot just say it is better where it originates or better where it ends up because a lot of localities and county governments and county municipalities rely on that sales tax to have governments and other things that perform functions and service their people for services, police and fire department. We need to have a healthy discussion on that to determine what the best answer is. With that, I yield back, Mr. Chairman. Chairman CHABOT. Thank you. The gentleman yields back. The chair would be remiss if I did not mention an irony of this. We are talking about the IRS here this morning, what we need to do to adjust, and the Committee that I left to come here, currently, the topic there is whether or not we should impeach the IRS commissioner right now. It kind of boggles your mind. But that being said, for the record, we will now recognize the gentlelady from North Carolina, Ms. Adams, who is the Ranking Member of the Investigations, Oversight, and Regulations Subcommittee for 5 minutes. Ms. ADAMS. Thank you, Mr. Chair, and thank you, Ranking Member Velazquez for hosting the hearing, and thank you, also, to the participants today. The sharing economy is certainly a new aspect of our economic system that we must pay close attention to in order to properly provide effective oversight with regard to worker classification. Ms. Bruckner, to start, worker classification is nothing new in labor law. In fact, last year, Utah and Arizona forced construction companies who were labeling workers as independent contractors instead of employees to pay more than $700,000 in back wages and damages. What makes the sharing economy harder to regulate than the traditional workforce? Ms. BRUCKNER. I think what is different and unique about the sharing economy is that when you look at it for tax policy purposes, you are not just looking at companies like TaskRabbit or Lyft or Uber, who raised some of those issues, or that is where the debate has been. We also look at it in terms of Etsy or Airbnb, folks who generally you would not even think to put in the same sentence as a misclassification debate. It is much bigger when you look at how these people are earning income and file or are obligated to file for U.S. tax purposes. It is a different question and that is what our research endeavors to point out. Ms. ADAMS. Okay. There are quite a few federal and state laws that define the employer-employee relationship and that of an independent contractor. Is it possible that a worker could be deemed an employee under one law and an independent contractor under another? Ms. BRUCKNER. That possibly could happen, but I think that misclassification happens in all different kinds of industries and in all different types of circumstances. Those are issues that we do not address specifically in our research. We focus really on how the existing tax code is not working for American taxpayers that are just trying to earn some income in the sharing economy. Ms. ADAMS. Thank you. Would you know if there would be tax implications for situations like that? Ms. BRUCKNER. I venture to guess that there are tax implications, but I by no means cover that in either my testimony or in the report that we put out. Ms. ADAMS. Okay. What role does technology play in blurring the line between an employee and an independent contractor do you think? Mr. Reed? What about you? Mr. REED. It is safe to say, and I have a suspicion that all of us would agree, that the technology that we have is what empowers the sharing economy. Let's use location as the most obvious example. Without the ability to know the location, TaskRabbit cannot figure out who to assign, who can get there quickly, how long will it take them? The entire function of the sharing economy works because I can take up those spaces in between your other job, your other task, when you drop the kids off for daycare, and I can make it work both in space and time. Without the power that our smartphone provides, we do not have the sharing economy. Ms. ADAMS. Would anyone? Mr. Willey? Mr. WILLEY. I completely agree with that. I think TaskRabbit was founded in 2008, which was the first year that the iPhone 1 launched. I do not think there is any luck in that planning. I think technology certainly empowers us both from matching taskers with what we call clients or consumers, but also building supply and demand in order to do this in a real- time, high-quality experience. Both of those things are simply empowered by mobile technology. Ms. ADAMS. Thank you. Mr. Reed, the sharing economy model relies on the infrastructure of their platform. What should these businesses do to ensure that their infrastructures' growth keeps pace with that other company? Mr. REED. Well, we would always encourage the companies to figure out ways to make it more enticing for the people providing the service to be part of it, and that gets down to training, providing easy access to the client that you need to find. I thought it was interesting that Ms. Bruckner brought up eBay, Etsy, this entire universe of physical goods and the sale of physical goods. The key elements that platforms need to provide are, first, easy access to a customer who wants their service. The second thing is a trustworthy space. If there is one thing that drives our ecosystem to success or failure it is the trust the client places in it. We hear it over and over. Do I trust the person giving me a ride? How do I know the tasker coming to my house should be let in the front door? Building a platform that enables trustworthiness and the ability to get those two merged together is a critical, critical element. Ms. ADAMS. Thank you very much. Mr. Chair, I yield back. Chairman CHABOT. Thank you. The gentlelady's time is expired. I want to thank the witnesses for being here today, and I just have one final question. Mr. Willey, I would like to ask you this. I noted that you have an office in London, and I happen to be on the Foreign Affairs Committee. I am wondering how is the U.S. doing compared to the rest of the world on the shared economy? Are we ahead of the game? Are we behind? Are we about where we would want to be? If you want to comment on how things are going around the globe. Mr. WILLEY. Sure. I can comment for the U.K. and for London, specifically. As it relates to our business, there is no doubt that the United States is a head of where the rest of the world is in terms of the sharing economy and its adoption of its services. That said, the fastest growing emerging markets in the world in the sharing economy are not in the United States. Specifically for us, London is our fastest growing market. There are different dynamics in these markets, whether it be around taxes or health care, that create nuances as to how companies go to market and how do they work with their taskers within their marketplace that create actually new opportunities for companies like TaskRabbit. Expansion is a very interesting and I think new opportunity for companies like TaskRabbit. It will be done, at least by us, very carefully as we understand the marketplace dynamics. Chairman CHABOT. Where is the cutting edge around the world? Is there one or a couple countries that are particularly ahead of the game? Mr. WILLEY. I think when you look at population density you have to very clearly see that those markets have obvious opportunities simply based on the fact that sharing economy companies need to match supply and demand in ideally very high population cities. Those cities, China, India, are areas where I think the cutting edge of the sharing economy is clearly looking to grow. Like I mentioned, those nuances for those cities and for those countries are very different than the U.S. Chairman CHABOT. The Ranking Member is recognized. Ms. VELAZQUEZ. Thank you. I would like to ask a follow-up question. When you mentioned health care and taxes, it is related to London or just other countries? And why? Mr. WILLEY. It is related to other countries, specifically in London. Forgive me, I am not an expert in U.K., and I am not a lawyer. But, I know when we look at our marketplace in London, even our services, or what we call our mix, are different. Our number one service in London is handyman services, which is a different number one service than say we have in Los Angeles, or that we have in San Francisco. Part of that is based on, one, the city dynamics, two, that is also based on those that are available and willing and wanting to work in that capacity. A lot of it has to do with health care and the availability of it. It also has to do with general sort of city service behavior. We see lots of nuances between these cities, which is why when we look at deploying TaskRabbit globally, those are very cautious and careful decisions that we need to work in partnership with federal and state or country governments to do so with always the benefit and the welfare of our taskers in mind. Ms. VELAZQUEZ. Thank you. Chairman CHABOT. Thank you. The gentlelady yields back. In closing, I would just comment that we have heard a lot of evidence here regarding the current tax law and outdated IRS policies that are ill-suited to the burgeoning sharing economy and the companies and workers who are directly participating. It seems clear that we need to figure this out and adjust accordingly. I am pleased that our distinguished panel has undertaken the task of researching and identifying many of the challenges presented as well as suggesting some possible solutions. The rise of the sharing economy is a very exciting development, and we need to ensure that our outmoded legal system does not strangle this new engine for growth in its infancy. We look forward to working with all of you to modernize our system, to boost the economy, and increase employment opportunities for many Americans. I ask unanimous consent that members have 5 legislative days to submit statements and supporting materials for the record. Without objection, so ordered. If there is no further business to come before the Committee, we are adjourned. Thank you. [Whereupon, at 12:12 p.m., the Committee was adjourned.] A P P E N D I X [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Chairman, Ranking Member Velazquez, and members of the House Small Business Committee, I am Rob Willey, Vice President of Marketing for TaskRabbit. Thank you for the invitation to testify today, but more important, thank you for holding today's hearing on a topic that captures the legal, regulatory, and public policy challenges that confront platform companies, as well as the millions of individuals that look to platforms like ours to improve their daily lives. Our Founder and Executive Chairwoman, Leah Busque, launched TaskRabbit in 2008 as a way to help people connect and get more done every day. We are a pioneer in the on-demand service platform industry, operating in 18 major U.S. cities--with New York City being our largest domestic market--and abroad in London, which is our fastest growing market. We're a two-sided marketplace connecting Taskers with Clients across a variety of categories, such as cleaning, handyman services, delivery, moving, and much more. TaskRabbit's vision is to allow you to be your most productive self, and we're changing the face of work by aligning and meeting a consumer's daily needs across multiple categories, offsetting the demands of their normal lives with consistent and high quality services. Roughly 60 percent of our Taskers are millennials--young people who see TaskRabbit as a way to earn income while pursuing a college degree, or to supplement the income they are earning from a full-time job. Our community is diverse with a broad set of needs, which is why we have a contractual relationship with our Taskers. By utilizing our platform-- largely through a mobile app but also on the web--Taskers can directly engage with their clients. We have more than 50,000 registered Taskers on our platform, and see more than 15,000 applications per month with little direct recruiting or marketing. Interest in our platform is largely driven by flexible scheduling and the ability to earn livable wages. Taskers have the freedom to decide when, where, and how they work, and set their own hourly rates. Flexibility--the ability to work when and where they want, and at the hourly rate they want--has and continues to be the #1 reason. Taskers are on our platform. They set their prices, their hours, and their location, and are able to make livable wages around a lifestyle that works for them. The importance of our two-sided marketplace is that both the customer that seeks a specific service and the Tasker that can provide it, both choose to opt-in to this on-demand platform. Today's Tasker earns an average of $35 per hour--five times the federal minimum wage. The overwhelming majority of our Taskers utilize the platform for part-time work to supplement their incomes, less than 10% ``task'' full-time. Overall, the average monthly income for Taskers tripled year over year. It is fitting that today's hearing is in the House Small Business Committee. Whether called ``solopreneurs'' or ``micro- entrepreneurs,'' our Taskers are in fact, independent, self- employed, small business owners. The part-time, flexible nature of the work done by our Taskers is consistent with the larger app-based platform economy, and those characteristics, and the factors that gave rise to the platform economy, are important to note given today's hearing. A February 2016 study by the JP Morgan Chase Institute found that the overwhelming majority of the estimated 2.5 million Americans people who earned income as small business owners using platforms like ours did so to supplement their incomes and better support themselves and their families. With little to no barriers to entry, the on-demand platform economy has become an important option at a time when income volatility continues to challenge individuals and families. Typically, significant fluctuations in take-home pay, work hours, or availability of optimal job opportunities put pressure on individuals to reduce their household spending or take on more debt. The creation of on-demand platforms like ours has made new income-earning opportunities accessible and feasible to millions of Americans. Of course, the emergence of the platform economy has sparked an, at times, intense debate on the classification of workers as ``employees'' or ``independent contractors,'' and the costs and benefits associated with either classification. We know the current legal worker classification structure was designed around a much different economic and technological era. In addition, today's classification structure has been shaped mostly by decades of regulations and court cases at the federal and state levels, which have fueled uncertainty across our sector--uncertainty about what we can or cannot do to support our Taskers while preserving their flexibility and independence in accessing our platform. The result: we face very limited choices when it comes to the services and level of collaboration we can provide for our Taskers. With the increase in alternative work arrangements in addition to the emergence of the platform economy, we're currently in an era where there's no typical freelancer. There's no ``Joe the Plumber,''--rather, we see multiple different work models and work cases. An example of that inability to collaborate and provide support services for our Taskers is in the tax arena. As Professor Caroline Bruckner ably highlighted in her report released just yesterday, self-employed participants in the platform economy have difficulties with both tax compliance and tax benefits. Professor Bruckner's survey data revealed that significant percentages of respondents did not know what their obligations were with respect to tax filings or taxes owed. They also were not fully aware of the deductions or credits they could claim on income earned on platforms like TaskRabbit. We at TaskRabbit have no reason to doubt that significant numbers of Taskers are facing or are simply unaware of the tax compliance challenges or the tax benefits that confront them. For many of our Taskers, when they sign up to join our platform, they are making their first forays into the world of small business and self-employment. Some may understand that earning a certain level of income triggers the quarterly estimated payment filing requirement. Many may not. It's in TaskRabbit's interest to see that our Taskers gain a better understanding of what's required with respect to tax compliance, and what's available with respect to tax benefits. What we want to avoid is a situation in which the burdens of tax compliance become so great that it forces Taskers to scale back on their tasks, if not compel them to leave the network altogether. What we hope to ensure are situations in which tax compliance is not burdensome, and full utilization of tax benefits helps maximize return on Tasker participation in the network. Tax compliance is just one area of many where our Taskers could benefit from better training. Our Taskers also are looking for direction on how to better market themselves and their services, access health care, and plan for retirement. We at TaskRabbit would like to be a resource, a partner, and a collaborator for that training--it is one of our main areas of focus in determining what types of services we can provide simply because the threat of litigation and the risks tied to worker classification laws and regulations at the federal and state level are real. I agree with the recommendations of my fellow witnesses that these issues should be considered by Congress and relevant government agencies, such as the U.S. Department of Labor and the Internal Revenue Service. It is certainly worth Congress considering the notion of a legal and regulatory timeout suggested by Dr. Joe Kennedy with the Information Technology Industry Foundation. There is precedent for that kind of action. In the early years of the Internet, Congress imposed a moratorium on federal and state taxation of Internet transactions. Doing so helped a young, nascent sector of the economy develop and provide real benefits for consumers. A limited period of legal and regulatory relief would enable platform economy companies to pursue innovative ways to develop and provide services and benefits to those small business owners and entrepreneurs who utilize platform services. If a broad timeout like the one I just described will take time for Congress to consider, perhaps a narrow timeout tied to a specific set of issues, including tax compliance, preparation, and benefits, could serve as an initial pilot project to demonstrate feasibility and effectiveness, while providing real value to those who provide on-demand services in the platform economy. In addition, we urge both Congress and the Internal Revenue Service to consider ways to bring greater flexibility in tax preparation and compliance for small businesses and the self-employed. Though TaskRabbit pioneered this industry, this space is still very early and emerging. We absolutely want to continue working with governments to engage with policymakers as our company and industry grows and matures. We consider this engagement rewarding on many levels. Just last month, for example, we announced our intent to follow the diversity principles outlined by the Congressional Black Caucus in its TECH 2020 initiative, and we're proud to have been the first technology company to adopt these principles. Mr. Chairman and Ranking Member Velazquez, we appreciate today's hearing, and your and the Committee's interest in taking the time to understand our business and how it's changing the face of work, and how public policies can impede or further that advancement. There is already bipartisan interest in the platform economy, as evidenced by last year's formation of the Sharing Economy Caucus, co-chaired by California Congressmen Darrell Issa and Eric Swalwell. We also applaud the House Republican and Democratic leaders, Kevin McCarthy and Nancy Pelosi, for taking a closer look at the public policies impacting the platform economy. We hope we can channel this bipartisan energy toward constructive policy solutions that will further enable TaskRabbit and the platform economy to continue to innovate and grow, and further empower small business owners and entrepreneurs to efficiently and effectively provide important services across the country. Thank you. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]