Data and tax mess of the old border workers: 'Let there be full light'

Context

In brief

• Salary data of old cross-border workers transmitted to Italian pre-filled tax returns
• Molteni and Grammatica call for clarification
• Possible liability issues for the workers involved

Key facts

• What: Salary data of old cross-border workers transmitted to Italian pre-filled tax returns
• When: Transmission carried out as part of the automatic exchange of tax information between Switzerland and Italy
• Where: Italy and Switzerland
• Who: Old cross-border workers hired before July 17, 2023

The news, which we reported yesterday, June 23, is this: Old cross-border workers, the unexpected happens and tensions flare: IRPEF alarm, those data transmitted for the first time. In this regard, a statement from the Partito Popare del Nord has been issued: Here is the text taken from the document: SALARY DATA OF OLD CROSS-BORDER WORKERS IN ITALIAN PRE-FILLED TAX RETURNS. MOLTENI AND GRAMMATICA: «TALKING ABOUT AN ERROR IS NOT ENOUGH. THE FULL TRUTH MUST COME TO LIGHT AND WORKERS MUST TAKE ACTION TO DEFEND THEIR RIGHTS»

The appearance of the salary data of thousands of old cross-border workers in the pre-filled income tax returns prepared by the Italian Revenue Agency requires serious consideration today and, above all, clear answers. According to initial accounts, the transmission took place as part of the automatic exchange of tax information between Switzerland and Italy provided for by the OECD’s Common Reporting Standard (CRS) and incorporated into the new Italian-Swiss tax agreement that entered into force in 2023.

«If what has emerged is confirmed – says Lisa Molteni, secretary of the Associazione Autonomia e Libertà and representative of Italian cross-border workers in Switzerland – it would not be enough to dismiss what happened as a simple computer error. We are talking about salary data, taxes paid and information relating to employers. Extremely sensitive data, whose protection must be guaranteed both in Italy and Switzerland». For the so-called “old cross-border workers”, hired before July 17, 2023, the transitional regime of exclusive taxation in Switzerland continues to apply. «The question is simple: who should have verified that the data of old cross-border workers were not indiscriminately transferred to Italian computer systems? Who authorized the flow? Who should have supervised it?», Molteni continues.

The numerous institutional bodies involved are also in the crosshairs. «We believe it is our duty – state Molteni and Luciano Grammatica – that the Italian Revenue Agency, the Swiss Federal Tax Administration, the Department of Finance and Economy of the Canton of Ticino and all the competent authorities publicly clarify what happened. In the same way, we ask Minister of Economy Giancarlo Giorgetti and Ticino State Councillor Norman Gobbi to state whether they were aware of the operational procedures adopted in the exchange of data and what initiatives they intend to undertake to protect cross-border workers».

According to Luciano Grammatica, a representative from Como of the Partito Popolare del Nord, «the deafening silence of the Italian and Swiss trade union organizations, which have always presented themselves as defenders of cross-border workers, is surprising. In such a delicate moment, we would have expected immediate, strong and united positions to protect workers’ rights».

«The time has come – Grammatica adds – for cross-border workers to finally take action personally to defend their rights. Too often, workers across the border have been passive spectators of decisions made elsewhere. Today, collective awareness is needed».

The two representatives also call for clarification as to whether what happened could give rise to grounds for liability that would enable the workers involved to consider possible protective action, including compensation claims, should a violation of the rules safeguarding personal data protection be established.

«One political question, however, remains open – Molteni and Grammatica conclude – : how is it possible that an anomaly of this magnitude affected thousands of workers without anyone noticing it earlier? Or was there an awareness that, once the data had been transmitted, the issue of their circulation would have definitively become moot? Clear answers are needed on this point, because cross-border workers deserve transparency, respect and truth».

Should precise and timely clarifications not be forthcoming, all the institutional and legal initiatives necessary to protect the rights of workers across the border will be considered.

Operational details

Practical implications

The transmission of the salary data of former cross-border workers to Italian pre-filled tax returns raises several practical and legal issues. The cross-border workers concerned must be aware of their rights and of the possible actions they can take to protect themselves. It is essential that the competent authorities provide timely and transparent clarification regarding what happened, in order to avoid further complications for the workers involved.

Procedures to follow

The cross-border workers concerned should immediately contact the Italian and Swiss tax authorities to obtain detailed information on the transmission of their data and on any available protective measures. It is also advisable to consult a tax advisor specializing in cross-border matters to assess the possible tax and legal implications of the situation.

Protective actions

If the cross-border workers believe that their data was transmitted unlawfully, they may consider taking legal action to obtain compensation. It is important to accurately document all communications with the tax authorities and retain any evidence of the unlawful transmission of the data.

Clarifications requested

Molteni and Grammatica have requested public clarification from the competent authorities, including the Italian Revenue Agency, the Swiss Federal Tax Administration and the Department of Finance and Economy of the Canton of Ticino. It is essential that these authorities provide clear and timely responses to ensure transparency and protect the rights of cross-border workers.

Useful tools for your case

To practically check your scenario within/beyond 20 km, use calcolatore stipendio netto and guida dichiarazione redditi.

Key points

Concrete actions

Affected cross-border workers must immediately take the following measures to protect their rights:

1. Contact the tax authorities: Cross-border workers must immediately contact the Italian and Swiss tax authorities to obtain detailed information about the transmission of their data and any protective measures available. 2. Consult a tax advisor: It is advisable to consult a tax advisor specialized in cross-border matters to assess the possible tax and legal implications of the situation. 3. Document communications: Cross-border workers must carefully document all communications with the tax authorities and retain any evidence of the unlawful transmission of the data. 4. Consider legal action: If cross-border workers believe that their data have been transmitted unlawfully, they may consider taking legal action to obtain compensation.

Useful tools

For further information and support, cross-border workers can use the following tools:

• Calcolatore stipendio
• Comparatore cambio valuta
• Tax guide for cross-border workers

Conclusion

The transmission of the salary data of former cross-border workers to Italian pre-filled tax returns represents a complex issue that requires immediate and transparent clarification from the competent authorities. Affected cross-border workers must take concrete measures to protect their rights and obtain the information necessary to address the situation.

Source: comozero.it