- The EU VAT Committee addressed Italy’s request on VAT treatment of IT services provided by social media platforms in exchange for users’ personal data.
- The Committee previously concluded that allowing data use does not trigger VAT unless users act as taxable persons, and free IT services are not taxable if all users receive the same conditions.
- Italy asked if differentiated platform functionality based on data permissions could create a direct link, making the transaction subject to VAT.
- The Commission analyzed three models: (1) uniform free access (generally not taxable), (2) reduced features for restricted data (potentially taxable, case by case), and (3) paid subscriptions (clearly taxable).
- The Commission requested member states’ opinions on these analyses.
Source: kpmg.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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