ARTICLE
18 September 2021

Streamers, Influencers And The CRA

SL
Segev LLP

Contributor

Segev LLP is a full solutions business law firm specializing in gaming and betting, public and private corporate finance and M&A work. Segev works with some of the world’s best and nimblest businesses, providing out-of-the-box thinking underpinned by high-quality legal work. Segev LLP boasts a highly skilled and experienced dedicated Gaming and Betting Practice Group recognized as practice leaders and thought leaders in the industry. As specialized gaming business attorneys active in the industry for decades, they are the leading single source go-to for North American legal support for the gaming and betting industry.
Social media influencers are people who post content on social media accounts with a large following or audience, often for money or gifts.
Canada Media, Telecoms, IT, Entertainment

What are video game streamers and social media influencers?

Social media influencers are people who post content on social media accounts with a large following or audience, often for money or gifts. The CRA defines social media influencers as "people who have built a reputation based on their knowledge and expertise on a particular topic"1.

Video game streamers play video games and stream that gameplay to an audience, often for money or gifts. Video game streamers often have similar dynamics with their audiences as social media influencers, and both streamers and influencers have their brands tied heavily with their personality or content style.

In order to better understand the careers of video game streamers and social media influencers, it may be helpful to think of them as analogous to the more traditional entertainment sectors of live sports and talk shows:

Just as one would consider watching a game of golf or hockey for the excitement of seeing it played with exceptional skill and the thrill of seeing the game being played by one's favorite players, millions of people watch their favorite video game players play for the same reasons.

Just as one would consider watching a talk show in order to learn from experts while also enjoying the personalities of the hosts, millions of people watch their favorite social media influencers entertain and educate the audience.

How do streamers and influencers make money? Why is the CRA concerned?

The fact that millions of people are watching video game streamers and social media influencers has opened the door to paid advertising, merchandise sales, and other similar types of revenue that help streamers earn significant income, sometimes in the millions of dollars.

As the income of such streamers has increased, and streaming has become a more established societal norm, the CRA has stated that "If your social media channel is a source of income for you, the Canada Revenue Agency (CRA) considers it a business activity. As such, you must report all income (both monetary and non-monetary) that you earn through social media channel..."2.

The CRA is concerned that some streamers and influencers are not fully reporting their taxable income and therefore underpaying on their income taxes. The fact that many streamers and influencers are young people who may not know how to do their taxes properly has also contributed to the CRA's concern about this issue3.

Given the rising popularity of streamers and their (in some cases) significant income, the CRA has announced it will pay closer attention to streamers to ensure their income is fully reported in their income tax filings4. They have announced that they will focus on watching streamers and influencers "in the one-million or half-million-dollar income range", relying on "open-source intelligence" such as data from Facebook and Twitter pages associated with those streamers and influencers5. Thus, while all streamers should be concerned, larger influencers in particular should be aware of their obligations to file and pay their taxes on time in order to avoid regulatory action from the CRA.

Footnotes

p>1 https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/compliance/sharing-economy.html

2 Ibid.

3 https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20201203/-1/34421?Language=English&Stream=Video starting at 12:22:38.

A free, non-government transcription can be found at: https://openparliament.ca/committees/public-accounts/43-2/11/ted-gallivan-1/?page=6

4 Ibid.

5 Ibid.

Originally published September 18, 2021.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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