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Italy against Meta, the tax case of 870 million euros goes to the EU for consideration

2023-12-23 10:59:09Biznes SHKRUAR NGA REDAKSIA VOX

Italy against Meta, the tax case of 870 million euros goes to the EU for

An Italian tax claim against Meta has been escalated to the European Commission's VAT committee for assessment, three sources with direct knowledge of the matter told Reuters. The US-based company, which owns Facebook, Instagram and WhatsApp, among others, faces a potential tax bill of around 870 million euros in Italy after Milan prosecutors launched an investigation into the firm based on a tax police audit.

Although it's a modest amount for a company that brought in more than $32 billion (€29 billion) in revenue last year, the case could have much wider ramifications as it hinges on how Meta secures access to its services.

The audit, devised and carried out by Italy's financial police, the Guardia di Finanza, claimed that Meta user registrations could be seen as a taxable transaction as they imply the non-monetary exchange of a membership account for the user's personal data. The company has repeatedly stated that it strongly disagrees with the idea that providing access to online platforms to users should be subject to sales tax (VAT – value added tax).

The three sources, according to Reuters, said that due to the sensitivity and unprecedented nature of the case, the Italian tax agency sent a request in September for a technical assessment to the European Commission's VAT committee through the national government's Finance Department.

The requested opinion was about the VAT treatment of the online services provided by the social network in exchange for providing the data of its users.

The assessment of the EU committee on VAT - the timing of which is not known - will be non-binding. However, a "no" from her could prompt the ministry and the tax agency to stop challenging Meta and eventually drop the criminal investigation by Milan prosecutors as well, the sources said.

As VAT is a harmonized tax at European level, if this was deemed to apply in Italy, it would automatically apply to all other EU member states. Such tax treatment may also be extended in the EU to all other multinational internet platforms that use the free access method in exchange for user data.

A spokesman for the European Commission declined to comment directly on the matter, noting that the VAT committee was an independent advisory group. "The VAT Committee regularly deals with issues raised by member states and both the outcome and the timeline depend on the agenda," the spokesperson said.

The Guardia di Finanza calculated a model according to which Meta would have to pay around 220 million euros of VAT in the country in 2021. They also calculated that the VAT paid for 2015-2021 would be a total of 870 million euros . Italy has followed other tech companies on taxes. Property rental platform Airbnb said this month it will pay 576 million euros to the Italian Revenue Agency to settle outstanding income tax liabilities for 2017-2021.


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