Undue VAT on a transaction between Italian private individuals - ATTENTION! | Payments and Shipping

ereb.o · 2023-04-21T13:10:07.418000Z

Hello everyone.I’m flagging this absurd issue, which in my opinion amounts to outright misappropriation by eBay.The portal applies VAT to my sales of used items, sold by a private individual to another private individual, both resident in Italy and in the EU.When I asked for an explanation, I was told that my ZIP code is the same as that of some territories under special regime located in the Lake Lugano area:Some EU territories are exempt from the VAT collection and remittance program in the EU. If the item is shipped from a Country (territory excluded within the EU countries and therefore considered non-EU), the recipient may have to pay VAT.List of territories excluded within the EU countries and therefore considered non-EU:Italian waters of Lake Lugano: ''21050'', 22010, 22018 *The postal codes for the Italian waters of Lake Lugano correspond to the localities on the lake in Italy such as: Oria Valsolda, San Mamete, Porlezza, Brusimpiano, Porto Ceresio.Obviously I don’t even see Lake Lugano with binoculars, so I asked the Tax Agency for clarification.And this is what they replied:The occasional, one-off, and episodic sale of items between private individuals does not imply the carrying out of a commercial activity. Such sales are excluded from the scope of VAT due to the lack of the subjective requirement and therefore require no compliance. In this case you must verify the contractual agreements entered into with the aforementioned “marketplace” and, if applicable, point out that it is not subject to VAT. The ZIP code 21050 of the municipality of ###### (VA) is confirmed.I pointed out to the marketplace that it is not subject to VAT, and it replied with the exact same sentence as above.So basically eBay is arbitrarily charging VAT that is not due, and there is no way to correct the situation.I don’t know what else to do and/or who to report this to, but I think it’s serious enough.Thanks for your attention.

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Undue VAT on a transaction between Italian private individuals - ATTENTION! | Payments and Shipping | eBay Italy