As a solo indiehacker in Europe, its crazy that I have to be so worried about VAT related things and big tech just goes around the whole thing and doesn't even expect to be charged just fined
You only have to be worried if you're doing something illegal, like the guys in the article. Misfiling something won't land you in jail, just some fines at the most. Intent matters quite a bit.
That’s ok for the big players with deep pockets. For the little guy this is a much bigger problem. As it should. It would just be nice if law breaking would be a bigger problem for the bigger companies too.
> No country is out here destroying productive businesses because they made a paperwork mistake.
New Zealand. The Accident Compensation Corporation, a compulsory insurance scheme, is absolutely feral. Will crush you "because rules" without a thought.
I've misfiled several times due to being young and stupid.
Each time I got a piece of mail asking my to call the IRS to clear it up, and every time the agent was nice and very helpful clearing it up, and not fined.
If you are found personally responsible for tax evasion >1e6€ then the minimal penalty is prison sentence without parole option. This is true for many EU countries including Italy. Idk. about the max. prison length in Italy for this but e.g. where I live in the EU you are likely looking at ~15 years for 1e9€ tax evasion.
The reason executives commonly avoid such penalties is because they avoid being found personally liable by claiming they didn't known, did misunderstood the situation, where deceived by others etc.
Through it should be noted that this case is a bit unusual and complicated.
The tax dispute itself isn't as simple as Amazone directly having avoided paying their own taxes. And the case of missing taxes has already been settled. This new current investigations are criminal investigation (i.e. the failure of paying taxes is assumed to have been intentional instead of a booking error) and seem to be more targeting executives for having committed crimes (instead of targeting Amazone the company).
Or in other words, Italian prosecutors are feed up US companies not caring for EU law and no one being hold liable.
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(1): Without option to have it replaced with long time parole.
I think that normally that may be the approach (and I'm not singling out Italy for this, it probably applies to most countries).
On this occasion, however:
> In all previous cases involving other international groups, once a settlement was reached and payment made, prosecutors closed related criminal investigations, either through plea deals or by dropping the cases.
> This time, however, Milan prosecutors did not share the tax authority's approach and decided to press ahead with their probe, leading to a request that the suspects be sent to trial.
Damn, is anyone an expert that can speak to the criminal law involved here?
It’s crazy that executives can jump around the law and not face any criminal charges, then the company picks up the bill (although I’m not ignorant thinking this isn’t usual)
I’m just curious to learn more about how often this is the case and you usually what happens with people afterward
I don't know about Italian law, but in the US tax evasion is pretty difficult in many cases to prove. It is illegal in the US to deliberately defraud the IRS to evade paying taxes, it is not illegal to make a mistake, or claim a deduction you think you can claim when the IRS decides you can't, etc. So prosecutors must prove you had an intent to evade taxes you knew you owed. Because they can rarely meet that bar, criminal charges are rarely brought.
Not only tech giants, everybody from celebrities to random Joes can get away with it.
My mother's husband owed 70k+ EUR in taxes and at some point the judge proposed and he agreed to 2800 euros.
The trick is to not have a bank account in your name only, you have it joint with a child/spouse and they can't take your money. Nor they can take your house, if you only have one.
Eventually under those situations the judges try to take anything rather than nothing.
I'm not defending this situation, just saying it's widespread and the fact that every two governments come one that does a "condono", which is essentially "let's agree with tax evaders for some 50% of the tax they owe so they are happy and we see something" doesn't help.
Harsher punishment should be warranted, but you can't go to prison for tax evasion.
You 100% should be able to go to prison from tax evasion. Not to fill prisons just to line prison owners' pockets like in the US, but definitely have the possibility for egregious offences.
you can… it’s just not really clear that anyone does. that said, i think if you polled the average joe on the street, they would overwhelmingly say that you can, which is probably a net gain for society.
It is quite independent in Italy actually. The government is pushing for a constitutional amendment to help "fix" this feature. There is going to be a referendum on the change very soon.
the current reform is complicated, and reasonable people can disagree on how to vote, but it goes a bit further than separating prosecutors from judges.
Namely, it also changes the self-regulating body (the CSM, Consiglio Superiore della Magistratura) of the judiciary so that the government and parliament have a bit more authority and the judiciary have a bit less: the organ is split in two, its judiciary members are no longer elected but picked randomly while a part is decided by the political side, and there's an even higher special tribunal.
Proponents say this is necessary, opponents say this is leading towards stronger power of the political majority over the judiciary.
Now, roughly one third of CSM members is nominated by the Parliament and the other one is elected by judges, according to the "correnti" (a sort of parties)
> The government is pushing for a constitutional amendment to help "fix" this feature. There is going to be a referendum on the change very soon.
Italian here.
It's not like that: the referendum is about definitely enforcing the career separation about public persecutor and judges.
Actually they are under the same authority and the member of this authority are elected according to a sort of political parties (unique case in the whole EU) and this creates some distortions in career growths and nominations.
The new schema will create two different authorities and the members will be selected according to a ballot.
A similar proposal was made by the left wing parties few years ago, when they were at the government
Ask any Romanian and they'll tell you they're not. Ask them about the Mario Iorgulescu case [1], with the Italian justice system refusing to extradite him here to Romania only because his (wealthy) dad paid the right people off. And Iorgulescu is not the only such case.
It would be really nice to have a few relevant numbers in the article for context.
If this is just from foreign sellers operating on amazon.it, then 1.4B of evaded taxes sounds like a lot to me, because the total revenue should be well under 50B/y, so this would be a significant fraction of total sales tax (and I'd expect most sellers to not be foreign and thus unaffected).
Would be quite nice to see rich people held accountable for once, curious how this will go.
Billionaire doesn't pay tax: let's settle with you paying half of all stolen money as a fine and we'll drop the case.
A regular citizen doesn't pay tax: lets jail or deport you, bar the entry for a decade, take away your home, car and anything you own in general and make you unable to find job for the rest of your life. Also your tax is double that of the billionaire, glhf ;) .
As Italian, I really disagree. The only entities that pay all the taxes are employees because the taxes are collected directly from the salaries.
Big companies have the opportunity to make tax elusion (there is a reason why many Italian companies have legal HQ in Netherlands or Luxembourg), small companies, artisans and freelancers usually avoid to pajly VAT
> In percentage terms this means that during the 1970s between 15 and 20 percent of Italians evaded taxes while the rate climbed to 26 percent in the 1980s. In the 1990s, tax evasion fell again, hovering between 15 and 20 percent. Workers employed in manufacturing evade very little, whereas the highest evasion rates can be found among the self-employed
> The severity of evasion becomes obvious when we consider that the Italian state annually collects only a total of €350 billion while losing €250 billion through evasion (D’Attoma 2016).
> If one asks Italians why they evade taxes, they primarily say that they evade because everyone else does so
> A distant second is the reason that Italians would be more likely to pay taxes if they had the feeling that the state would spend their money more wisely. Much lower in the ranking come issues such as the soft penalties for evasive behavior, the complexity of the tax rules, and the unlikeliness of being caught. A total of 87.1 percent of all Italians think that their fellow citizens evade taxes
Even if evidence did agree with this uncited, broad assertion (I've seen nothing to that effect), it'd still be an indefensible justification for inequity in punishment.
Even if billionaires don't pay income tax and are only taxed occasionally when they sell assets, there isn't much doubt that the corporations they create and invest in generate massive amounts of tax revenue in the countries they operate. Not to mention all the revenue generated from property tax, income tax from their employees getting paid by the company, local fines and fees, sales tax, import duties, etc.
You can want the super wealthy to pay more tax when they sell stuff to fund their lifestyles, but that doesn't mean their work isn't generating large amounts of economic activity which turns into tax revenue for governments.
How is it that concentrating wealth in private pools is better than spreading it around?
> the corporations they create and invest in generate massive amounts of tax revenue
Economic activity does generate tax revenue, billionaires generate economic activity. But if we took the billions (leave them millions, gready as they are) and spread it around it would have the opportunity to generate much more economic activity
The concentration of wealth, and the resulting concentration of income and widespread middle class impoverishment is catastrophic for our economy.
It is why, in real terms, incomes have been static for thirty years whilst the size of the economy has roughly doubled
Billionaires don't seem to create anything new when they're billionaires. You look at companies like Google or Meta and they acquire companies and teams but what sort of truly successful projects and products did they create from whole. It seems like a string of failures, canceled projects and lackluster product offerings to me.
If we can tell poor people how to behave for their own good then we can certainly help billionaires out too by taxing them back to creativity.
That’s ok for the big players with deep pockets. For the little guy this is a much bigger problem. As it should. It would just be nice if law breaking would be a bigger problem for the bigger companies too.
I misfiled stuff a few times and got fined, it's annoying but it's not something that will break your bank.
The behaviour of the tax office varies quite a lot from country to country tho.
But don't trust me, ask your lawyer.
New Zealand. The Accident Compensation Corporation, a compulsory insurance scheme, is absolutely feral. Will crush you "because rules" without a thought.
Each time I got a piece of mail asking my to call the IRS to clear it up, and every time the agent was nice and very helpful clearing it up, and not fined.
The reason executives commonly avoid such penalties is because they avoid being found personally liable by claiming they didn't known, did misunderstood the situation, where deceived by others etc.
Through it should be noted that this case is a bit unusual and complicated. The tax dispute itself isn't as simple as Amazone directly having avoided paying their own taxes. And the case of missing taxes has already been settled. This new current investigations are criminal investigation (i.e. the failure of paying taxes is assumed to have been intentional instead of a booking error) and seem to be more targeting executives for having committed crimes (instead of targeting Amazone the company).
Or in other words, Italian prosecutors are feed up US companies not caring for EU law and no one being hold liable.
---
(1): Without option to have it replaced with long time parole.
Businesses who get into trouble because of taxes are doing it intentionally. Or somebody in the company does it intentionally.
On this occasion, however:
> In all previous cases involving other international groups, once a settlement was reached and payment made, prosecutors closed related criminal investigations, either through plea deals or by dropping the cases.
> This time, however, Milan prosecutors did not share the tax authority's approach and decided to press ahead with their probe, leading to a request that the suspects be sent to trial.
It’s crazy that executives can jump around the law and not face any criminal charges, then the company picks up the bill (although I’m not ignorant thinking this isn’t usual)
I’m just curious to learn more about how often this is the case and you usually what happens with people afterward
My mother's husband owed 70k+ EUR in taxes and at some point the judge proposed and he agreed to 2800 euros.
The trick is to not have a bank account in your name only, you have it joint with a child/spouse and they can't take your money. Nor they can take your house, if you only have one.
Eventually under those situations the judges try to take anything rather than nothing.
I'm not defending this situation, just saying it's widespread and the fact that every two governments come one that does a "condono", which is essentially "let's agree with tax evaders for some 50% of the tax they owe so they are happy and we see something" doesn't help.
Harsher punishment should be warranted, but you can't go to prison for tax evasion.
Yes they can take 100% of your part of that bank account which amounts at total / # of owners.
I said can't, not shouldn't.
In any case I'd still say it's arguable if the punishment matches the crime, I'm not saying I'm against it but I don't fully buy it either.
In Italy we have two law codes: criminal and civil. You can't go to prison for civil offenses like tax evasion in our system.
Justice is independent in most EU countries.
I am occasionally called upon by the local consulate to perform my civic duty and vote.
Just this week I sent them back my ballot, now marked, for this referendum in a sealed envelope.
This referendum required me to dig more deeply than usual into Italian politics before I could decide which way I wanted to vote.
Is this some indirect effect of that?
Namely, it also changes the self-regulating body (the CSM, Consiglio Superiore della Magistratura) of the judiciary so that the government and parliament have a bit more authority and the judiciary have a bit less: the organ is split in two, its judiciary members are no longer elected but picked randomly while a part is decided by the political side, and there's an even higher special tribunal.
Proponents say this is necessary, opponents say this is leading towards stronger power of the political majority over the judiciary.
Now, roughly one third of CSM members is nominated by the Parliament and the other one is elected by judges, according to the "correnti" (a sort of parties)
Italian here. It's not like that: the referendum is about definitely enforcing the career separation about public persecutor and judges. Actually they are under the same authority and the member of this authority are elected according to a sort of political parties (unique case in the whole EU) and this creates some distortions in career growths and nominations. The new schema will create two different authorities and the members will be selected according to a ballot.
A similar proposal was made by the left wing parties few years ago, when they were at the government
Ask any Romanian and they'll tell you they're not. Ask them about the Mario Iorgulescu case [1], with the Italian justice system refusing to extradite him here to Romania only because his (wealthy) dad paid the right people off. And Iorgulescu is not the only such case.
[1] https://www.romaniajournal.ro/society-people/law-crime/mario...
If this is just from foreign sellers operating on amazon.it, then 1.4B of evaded taxes sounds like a lot to me, because the total revenue should be well under 50B/y, so this would be a significant fraction of total sales tax (and I'd expect most sellers to not be foreign and thus unaffected).
Would be quite nice to see rich people held accountable for once, curious how this will go.
Most sellers probably are foreign.
A regular citizen doesn't pay tax: lets jail or deport you, bar the entry for a decade, take away your home, car and anything you own in general and make you unable to find job for the rest of your life. Also your tax is double that of the billionaire, glhf ;) .
Big companies have the opportunity to make tax elusion (there is a reason why many Italian companies have legal HQ in Netherlands or Luxembourg), small companies, artisans and freelancers usually avoid to pajly VAT
> In percentage terms this means that during the 1970s between 15 and 20 percent of Italians evaded taxes while the rate climbed to 26 percent in the 1980s. In the 1990s, tax evasion fell again, hovering between 15 and 20 percent. Workers employed in manufacturing evade very little, whereas the highest evasion rates can be found among the self-employed
> The severity of evasion becomes obvious when we consider that the Italian state annually collects only a total of €350 billion while losing €250 billion through evasion (D’Attoma 2016).
> If one asks Italians why they evade taxes, they primarily say that they evade because everyone else does so
> A distant second is the reason that Italians would be more likely to pay taxes if they had the feeling that the state would spend their money more wisely. Much lower in the ranking come issues such as the soft penalties for evasive behavior, the complexity of the tax rules, and the unlikeliness of being caught. A total of 87.1 percent of all Italians think that their fellow citizens evade taxes
Even if billionaires don't pay income tax and are only taxed occasionally when they sell assets, there isn't much doubt that the corporations they create and invest in generate massive amounts of tax revenue in the countries they operate. Not to mention all the revenue generated from property tax, income tax from their employees getting paid by the company, local fines and fees, sales tax, import duties, etc.
You can want the super wealthy to pay more tax when they sell stuff to fund their lifestyles, but that doesn't mean their work isn't generating large amounts of economic activity which turns into tax revenue for governments.
*if you're a billionaire
> the corporations they create and invest in generate massive amounts of tax revenue
Economic activity does generate tax revenue, billionaires generate economic activity. But if we took the billions (leave them millions, gready as they are) and spread it around it would have the opportunity to generate much more economic activity
The concentration of wealth, and the resulting concentration of income and widespread middle class impoverishment is catastrophic for our economy.
It is why, in real terms, incomes have been static for thirty years whilst the size of the economy has roughly doubled
If we can tell poor people how to behave for their own good then we can certainly help billionaires out too by taxing them back to creativity.