Saturday, February 5, 2011

Government concession tax the wind is blowing in the class action

MORE FROM 'share has unleashed a legal battle against a tax that penalizes only the Italian mobile phone users: that of "government grant", € 5.16 per month that the state collects from subscribers to mobile telephone services. Are excluded from the heavy tax only users with prepaid card, as is known, and for this reason Italy are few people who have a subscription.

This type of offer would, in theory, but many benefits through the reduced-guilt, to the point of charge: free mobile phone, discount phone calls. Not surprisingly, now in other European countries are the most common pre-paid subscriptions (especially in the United Kingdom), as opposed to that from us.

Already, there is this tax on us and then have a folklore all Italian phrases like "I could not call you because I finished the credit" (useful excuse, sometimes, actually). Or the line newsstand for a refill. The good news is that in the coming months, this could all end. "We just learned the practice of class action against the Inland Revenue, seeking a refund of the masses", says Gerandin Elso, president of Celva (Consortium of Local Authorities of the Valle d'Aosta).

Acceded to all the local authorities of the Region: the 74 municipalities, eight mountain communities and the BIM Consortium (catchment Montano), for a total of 880 000 € repayments required. The reason is a European law, the Code of electronic communications, that the tax is payable only on sim farm use.

And the idea is being imposed, in case that the government, not being treated as companies are not obliged to pay. And 'as determined by the Tax Commission in January of Veneto, in favor of municipalities. Are multiplying and then the actions instituted by various local authorities for not paying more tax.

To Celva however, is the first collective action. "If successful, the initiative could be extended across Italy unleashing an avalanche of complaints, including from private citizens," said Gerandin. We are still at the beginning: Celva wait by March the response of the Inland Revenue (the silence counts as a rejection of the claim) and, if so, proceed with the appeal to the Provincial Tax Commission.

"It was known that the Electronic Communications Code prohibiting tax non-business users, but only now beginning the legal battle," says Guido Scorza, attorney of law in new technology. The problem is that individuals may be more difficult for a government to agree to a class action, bear the cost.

The alternative may bring an action individually in its court of jurisdiction, to have recognized the right not to pay the fee. Just won a class action, however, managed to extend to all members and consumers in the end to push the state to eliminate the heavy tax. Aduc Altroconsumo and tell Republic.

en who are currently studying the issue, but have not yet decided whether to start with a class action.

No comments:

Post a Comment