Among eternal and exhausting tug of war, the theme of sharing economy is back at the center of political debate (and the public). Especially after last March 2 some members of ‘ Parliamentary Intergroup for Innovation have presented to the House a bipartisan bill to “regulate the digital platforms for the sharing of goods and services” and ” promote the sharing economy. “
the signatory
Among the signatories are Veronica Tentori and six other members of the Pd , Antonio Palmieri (fi) , Ivan Catalan and Stefano Quintarelli (Mixed Group) , Adriana Galgano Choosing civic . There are MPs of the 5 Star Movement .
ITER AND TIMING OF LAW
The work began on 1 September 2014 and, throughout this period there have been meetings with representatives of citizens, consumers, and platforms. The first deposit of the draft of the bill there was on 27 January and has been lodged last Wednesday, the day from which the public consultation began. The bill will, in fact, “open” and online until next May 16 to allow users to leave comments and suggestions that will be considered by MPs during the drafting of the final version.
tHE oBJECTIVES
the objectives of the bill are to promote the rationalization of resources and increase the efficiency and availability of goods, services and infrastructure, encourage active participation citizens, create new opportunities for growth, employment and entrepreneurship, stimulate technological and digital innovation.
CONTENT oF LAW
- How does the sharing economy and who are the protagonists
bill number 3564 on the sharing economy – which is composed of twelve articles – defines the subjects that are part and introduces a number of instruments capable of ensuring “transparency, tax fairness, fair competition and consumer protection”. L ‘ Article 2 defines the sharing economy that “generated and optimized the allocation of shared resources of space, time, goods and services via digital platforms” whose “operators act as facilitator by connecting users and can offer value-added services. ” It specifies that “between managers and users there is no employment relationship”. Those who want to open a sharing platform will have to draft a corporate policy document with the contractual conditions between the platform and users.
- What’s new in tax matters
But the most relevant news of the proposal of the ‘ Parliamentary Intergroup for Innovation relate to the tax . With the ‘ Article 5 the bill distinguishes those employed in non-professional micro-activities to supplement their income from work to those who work in professional or business for all purposes. And in this regard it introduces the threshold of 10,000 euro annually as a distinction. Who will pay to the tax authorities under the 10% of the money collected (without prejudice. No tax area)
Those who exceed the figure will pay instead the rate corresponding to the overlapping with other income. The managers will operate as withholding agents of the operators users. A limit that seems to favor platforms such as Blablacar , UberPop, EatWith or TaskRabbit , and be to the disadvantage of Airbnb, the famous online portal that connects people looking for accommodation with people who have an extra space to rent.
New rules, finally, also for payments which will be exclusively digital.
- Abolition of the fixed rates
of particular interest is the ‘ Article 4 , who dwells on some details that serve to define what is and what is not sharing economy. For example, it excludes services to which the operator sets a fixed rate. The news will cover in a particular Uber , the service that allows you to book your rental car via mobile app, and that differs from these identification criteria.
- controls
the bill is also clear in terms of controls. L ‘ Article 3 identifies the’ Competition Authority and the market as competent to regulate and supervise the activities of digital platforms for sharing economy, together with the skills, and establishing national Register of electronic platforms for sharing economy . The platforms must, therefore, get the okay from their ‘ Agcm that will evaluate inconsistencies and possible regulatory violations.
If approved, the bill will affect – according to data from collaboriamo.org and Catholic University – 186 collaborative platforms in Italy in 2015. According to the promoters themselves, the formalization of the sharing economy could raise the tax revenue from 150 million to 3 billion by 2025.
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