DarksydePhil / TheyCallMeDSP / Phil Burnell - General Discussion

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WiPshit recap:

Monday: Assassin's Creed: Origins / Super Mario Odyssey
Tuesday: Hidden Agenda OR Horizon Zero Dawn: The Frozen Wilds
Wednesday: Hidden Agenda OR Horizon Zero Dawn: The Frozen Wilds
Thursday: Hidden Agenda OR Horizon Zero Dawn: The Frozen Wilds

Phil opens with a reminder that TeeSpring is not a warehouse.
He follows up with a message about Patreon. December's Patreon goal is still under wraps.
Phil will enact his new subscriber quota for streaming events in January 2018. It will be based on Twitch subscribers.
He is using 350 subscribers as an example; he claims that he may lower the quota over time. Patrons ($5+) will still have "control" over the specifics of the event.
He wants to drive viewership to Twitch. He claims Muxy cannot connect Twitch and Patreon.
Phil claims to have had nothing to do with his "financial pickle". He plans for a fundraiser/"charity" drive in January to raise money to pay off his taxes.
Phil plans to play Batman: The Telltale Series, Season Two, Episodes 2 and 3; Life Is Strange: Before The Storm, Episode 2; and Guardians of the Galaxy: The Telltale Series, Episodes 4 and 5.
Phil plans to stream longer next week to have more content to upload over the week he plans to take off time (Dec. 5/6 - 11). He also plans to decorate his office with holiday lights.
Phil will be uploading a new 1UP Box unboxing video, as well as an unboxing video for his incoming headphones and mod kit.
Phil claims that his financial problems are the result of "a mistake of some irresponsible jerk."
 
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You'd think when he's supposedly on the brink of getting fucked financially, it'd be a humbling experience for him. Instead he manages to sound exactly the same level of condescending as always.


https://thekingofhate.com/forums/topic/4001-did-we-hit-the-goal-already-or-not/
http://archive.fo/FxWF4
upload_2017-11-27_11-47-18.png

upload_2017-11-27_11-47-48.png


https://thekingofhate.com/forums/topic/3994-the-business-discrepancy/
http://archive.fo/9lU8c
upload_2017-11-27_11-48-20.png
 
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Lol his tax attorney, who is a CPA. No, DSP, he's a fucking accountant not an attorney.

I like how he's going with this "I'm self employed, not a business owner" thing like it matters. A sole proprietorship is a business, it's just not a separate legal entity. He of course knows this but wants to distance himself from business ownership because for the first time in his life he's been exposed to the reality that business ownership is a responsibility that comes with risks in exchange for opportunities not available to employees.
 
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neger psykolog said:
You'd think when he's supposedly on the brink of getting fucked financially, it'd be a humbling experience for him. Instead he manages to sound exactly the same level of condescending as always.


https://thekingofhate.com/forums/topic/4001-did-we-hit-the-goal-already-or-not/
http://archive.fo/FxWF4
View attachment 321098
View attachment 321099

https://thekingofhate.com/forums/topic/3994-the-business-discrepancy/
http://archive.fo/9lU8c
View attachment 321100
Click to expand...
The best part of the last grab is “my last tax attorney (who is a CPA with 30 years experience mind you)” Does he genuinely not know the difference between accountant and attorney? Or does he think the “A” stands for attorney? Or is he using the word attorney as a way to scare his viewers with some vaguely defined “OH MY GOD! Legal!” connotations for money?

The Mystery of the Inept Streamer is getting good you guys!
 
SoapQueen1 said:
Lol his tax attorney, who is a CPA. No, DSP, he's a fucking accountant not an attorney.

I like how he's going with this "I'm self employed, not a business owner" thing like it matters. A sole proprietorship is a business, it's just not a separate legal entity. He of course knows this but wants to distance himself from business ownership because for the first time in his life he's been exposed to the reality that business ownership is a responsibility that comes with risks in exchange for opportunities not available to employees.
Click to expand...

I really think its another instance of Phil trying to play stupid. I'm sure that he was aware that Washington had business income tax but just pretended to not know/care, it'd fit with basically every other life decision he's made so far ("I can get $30 now or $300 after 10 minutes? I'll take the $30!")

I think he willfully knew about this whole thing, especially when you look at Leanna's soap business being a registered company.
 
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I checked to make sure I wasn't being overzealous here, because after all it's possible the law had been written to exclude sole proprietorships from this tax. However it was indeed written broadly to include sole proprietors.

Screenshot_20171127-020115.jpg


If I were DSP I would argue I fell under the digital goods and services tax rate of about half a percent rather than the "everything else" rate of one and a half percent.

Screenshot_20171127-021057.jpg


The law provides an example of such a business earlier on which seems to apply to Twitch bits, subs, and tips that occur while he's live.

Screenshot_20171127-020750.jpg
 
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I think one interesting theory that hasn't been presented is that Phil has already agreed on a payment plan via his new tax attorney and the Washington Department of Revenue. As in this whole issue has been signed/sealed/delivered and Phil is already proceeding with a payment plan.

Here's the timeline:
  • September 18, 2017
    • Phil makes a mysterious vlahg about his "serious talk" issue
  • September 25, 2017
    • Around this date Phil has his "mysterious meeting"
  • October 30, 2017
    • Phil starts going on about how much his Cable bill and Phone bills are etc
  • November 23, 2017
    • Phil reveals that the back taxes/business taxes are the issue
So between "mysterious issue" and his reveal: 67 days

My money is on Phil having his audit meeting on the 25th September, getting the results on the 25th of October and then starting to actually proactively look into where his moneybags go and toning down things so he can manage the payment schedule.

This discrepency in dates has been noticed by some of Phil's fans:
upload_2017-11-27_14-10-34.png

https://thekingofhate.com/forums/topic/4002-concerns-of-a-fundraising-stream/
http://archive.fo/MgbZB

Note that Phil's "mysterious meeting" was likely the audit meeting (http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-100 & https://dor.wa.gov/doing-business/audits/audit-process-questions):
upload_2017-11-27_14-1-48.png


It's very possible Phil has done a "managed audit". Important to note that he can get discounts through this. (https://dor.wa.gov/doing-business/audits/managed-audit-program):
upload_2017-11-27_13-59-56.png
 
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SoapQueen1 said:
I checked to make sure I wasn't being overzealous here, because after all it's possible the law had been written to exclude sole proprietorships from this tax. However it was indeed written broadly to include sole proprietors.

View attachment 321107

If I were DSP I would argue I fell under the digital goods and services tax rate of about half a percent rather than the "everything else" rate of one and a half percent.

View attachment 321108

The law provides an example of such a business earlier on which seems to apply to Twitch bits, subs, and tips that occur while he's live.

View attachment 321109
Click to expand...
Doesn't he have income from Teespring? Those are physical goods.

Also, knowing Phil, he probably worked out a payment plan already before disclosing this. It's the only possible reason he was so private about this before. It's also why he seems to be very insistent on meeting specific numbers in his numbers, he knows the quota he has to make every month.

EDIT: Ninja'd completely and thoroughly by @neger psykolog
 
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neural said:
Doesn't he have income from Teespring? Those are physical goods.

Also, knowing Phil, he probably worked out a payment plan already before disclosing this. It's the only possible reason he was so private about this before. It's also why he seems to be very insistent on meeting specific numbers in his numbers, he knows the quota he has to make every month.

EDIT: Ninja'd completely and thoroughly by @neger psykolog
Click to expand...

He doesn't sell those goods though so it would classify as other income. Just like he doesn't sell YouTube videos so those wouldn't count as royalties.
 
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SoapQueen1 said:
He doesn't sell those goods though so it would classify as other income. Just like he doesn't sell YouTube videos so those wouldn't count as royalties.
Click to expand...
Agreed. He can argue that he only supplies the designs, which are considered a service he does for Teespring. And gets royalties from it.
 
SoapQueen1 said:
I checked to make sure I wasn't being overzealous here, because after all it's possible the law had been written to exclude sole proprietorships from this tax. However it was indeed written broadly to include sole proprietors.

View attachment 321107

If I were DSP I would argue I fell under the digital goods and services tax rate of about half a percent rather than the "everything else" rate of one and a half percent.

View attachment 321108

The law provides an example of such a business earlier on which seems to apply to Twitch bits, subs, and tips that occur while he's live.

View attachment 321109
Click to expand...

I think this is an interesting topic to discuss if someone had a really hot shot tax attorney or lawyer or had the "street smarts" to fight it in court, but I think all this discussion would never affect Phil because he's a dolt.

Having said that, there's a very, very interesting part of the law about royalty payments from "intangible property". This is probably the most directly relevant thing to Phil as he is essentially licensing his "copyright" / "likeness" to a company who then places advertisements on said content and sends him payments for this.

upload_2017-11-27_14-23-42.png

upload_2017-11-27_14-24-35.png
http://apps.leg.wa.gov/wac/default.aspx?cite=458-20-19403

Therefore if Phil were smart enough, he could argue that its impossible to ascertain where this "intangible property" is consumed and as he isn't a local "washington celebrity" like "Joe Ball" in the example, he could argue that his use is mainly outside of the state and therefore its entirely possible he wouldn't have to pay shit.

But again, this would rely on having several lawyers who are experts, enough time/money/patience to push it through the audit and court process and argue the case. If someone actually successfully fought this issue in court, then they'd probably only have to pay in relation to actual viewers in Washington (which is probably like 1% or less of Phil's viewers).

If it were me I'd like to think I'd fight it tooth and nail, but I guess when you're fucked financially and got debt up the ass getting a team of hotshot lawyers probably isn't an option.

As Phil is a Twitch Affiliate this is the agreement he signs, which clearly spells out that he is licensing his content:
upload_2017-11-27_14-34-4.png

And also of significant note is that Twitch is governed by da laws of California, you'd have to do a lot of research to find out where the actual payments and such come from, but if its an "out of state" company then that definitely gives a lot more strength to arguing that he has no liability to pay Washington State's business tax:
upload_2017-11-27_14-35-34.png

https://www.twitch.tv/p/legal/affiliate-agreement/
 
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This fundraiser thing is so scummy, it's fantastic. Phil had lost all dignity and integrity keeping this sinking ship afloat the past few years, and now he has to somehow go lower then rock bottom. Can't wait to see his other greasy conman ideas he comes up with to try to keep money flowing in. He is already planting seeds for some bullshit disease and a fucking fundraiser and his first payment wasn't even due yet. Good times ahead.
 
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neger psykolog said:
I think this is an interesting topic to discuss if someone had a really hot shot tax attorney or lawyer or had the "street smarts" to fight it in court, but I think all this discussion would never affect Phil because he's a dolt.

Having said that, there's a very, very interesting part of the law about royalty payments from "intangible property". This is probably the most directly relevant thing to Phil as he is essentially licensing his "copyright" / "likeness" to a company who then places advertisements on said content and sends him payments for this.

View attachment 321128
View attachment 321129http://apps.leg.wa.gov/wac/default.aspx?cite=458-20-19403

Therefore if Phil were smart enough, he could argue that its impossible to ascertain where this "intangible property" is consumed and as he isn't a local "washington celebrity" like "Joe Ball" in the example, he could argue that his use is mainly outside of the state and therefore its entirely possible he wouldn't have to pay shit.

But again, this would rely on having several lawyers who are experts, enough time/money/patience to push it through the audit and court process and argue the case. If someone actually successfully fought this issue in court, then they'd probably only have to pay in relation to actual viewers in Washington (which is probably like 1% or less of Phil's viewers).

If it were me I'd like to think I'd fight it tooth and nail, but I guess when you're fucked financially and got debt up the ass getting a team of hotshot lawyers probably isn't an option.

As Phil is a Twitch Affiliate this is the agreement he signs, which clearly spells out that he is licensing his content:
View attachment 321130
And also of significant note is that Twitch is governed by da laws of California, you'd have to do a lot of research to find out where the actual payments and such come from, but if its an "out of state" company then that definitely gives a lot more strength to arguing that he has no liability to pay Washington State's business tax:
View attachment 321132
https://www.twitch.tv/p/legal/affiliate-agreement/
Click to expand...

I mean the website for the B&O does have this nicer and easier to digest portion:
B&OTax2.png B&OTax7.png
 
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