I’m probably in the minority, but I found Dom’s proposal thoughtful and even borderline convincing. There’s actually quite a bit of nuance here. I think some of the comments here straw man his argument.
First of all, the -30% to 5% ICP modulation only applies if you are cashing out (i.e. disbursbing or spawning) your maturity. For stakers who regularly merge their neuron maturities, this doesn’t affect that.
Second, the fundamental problem being solved can best be described with an example:
[In] the USA, those extracting the oil only pay income tax on the receipts of their sales, rather than at the moment of extraction, since doing so would depend on highly speculative measures of fair market value.
To take it further…
When a programmer writes code, they may be producing value, but they aren’t taxed on it until they sell their code (or SaaS).
When a baker bakes a bread, they may be producing value, but they aren’t taxed on it until they sell their bread.
The reason for that, at least according to Dom, is that it wouldn’t be fair to tax something that doesn’t have a “fair market value” yet. That’s why you wait until you sell the bread to tax it (where the FMV is the price of the bread sold).
However, currently maturity can be argued to have a FMV, since you can calculate how much ICP a certain amount of maturity is worth, and ICP has a FMV since it’s publicly tradable. (Actually, Dom argues that the possibility of arbitrary NNS network updates in the future renders maturity too unstable for it to have a FMV, under the Commissioner v. Glenshaw Glass standard.)
This proposal fixes that by removing the certainty with which you can mathematically convert maturity to ICP using a fluctuating “exchange price” that’s modulated by ICP price movements. The -30% to 5% modulation is just one way to introduce uncertainty. It’s not the only way to do it. You can agree with the ultimate goal without agreeing with the method to get there.
Overall, I’m still undecided but I like the out-of-the-box thinking here. After all, the NNS is a self-updating entity and not an immutable contract, so if there are improvements to be made, we should consider them.
FYI, yes, most of us are not tax attorneys, but no tax attorney in the world (or the IRS for that matter) can give any definitive answer on this topic. So I think it’s totally valid for us to make arguments and debate them. This is the frontier, after all.