Independent journal on economy and transport policy
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LOGISTICS
Fake procurement contracts for seven million euros in logistics
Twelve entrepreneurs charged with tax offences and fraudulent supply of labour
Treviso
January 31, 2024
The Guardia di Finanza has announced that the Provincial Command of
Treviso, as part of the fight against tax fraud and
the illegal interposition of labour, concluded a series of
control activities in the logistics sector by discovering
forged service contracts, amounting to seven million euros,
used to disguise illicit outsourcing of workers.
Twelve entrepreneurs have been reported to the local Public Prosecutor's Office
Republic for issuing and using invoices for transactions
legally non-existent, as well as for the offence of
fraudulent administration of labour. In addition, eight companies
have been reported for administrative liability
criminal offence, as the tax offences were
in their interest and to the advantage of the
Administrators. Finally, at the administrative level,
fines of €690,000 have been imposed for offences relating to the
violation of labour legislation.
The Guardia di Finanza has specified that the companies involved
There are 14 in the fraud, including an active Treviso cooperative
mainly in the logistics sector, with
about 180 workers and an average annual turnover of four million
and 13 client companies, all located in the province of
Treviso except for two with offices in Bergamo and Reggio Emilia.
The investigations, conducted by the Treviso Group, have been launched
following a tax audit of the cooperative
Treviso, which, in the fraudulent mechanism brought to light, had
the task of supplying workers. The Guardia di Finanza has
underlined that what has been brought to light is a phenomenon
insidious and serious because it concerns the world of work, the
protections are circumvented through the distorted use of a
legal transaction, the contract for services, concluded with undertakings that
they only formally employ the workers and carry out the
the related tax and social security obligations: in reality, the
relations between clients and contractors are
structured for the sole purpose of "interposing" between the
workers and the companies they actually employ
their own work activity.
By reconstructing the "labour supply chain", it is
It was noted that the employment relationships with the various clients were
devoid of the elements that characterise lawfulness
of the contract, i.e. the business risk and the organisation of the
of means and resources. First, from a series of sheets
password-protected and e-mail protected
between the contractor and the clients, it emerged
the absence of risk, given that the consideration of the contracts
was commensurate exclusively with the hourly cost of the
members/workers provided by the cooperative (with the addition of a
low profit margin), with no link to
result. Secondly, a real and
lack of work organisation and the exercise of the
power of the cooperative, so that the
workers administered were hetero-directed, i.e. subject to
management and control by the clients, while remaining at the
Cooperative contractor only administrative tasks. In
in particular, workers, in the performance of services,
were subject to the directives and indications provided by them
the cooperative's end customers, who decided on the tasks to be
carrying out, the timetables and the methods of execution; In some cases,
The workers stamped their attendance at the clients' premises.
In addition, it turned out that the cooperative issued the invoice only
after receiving confirmation from customers that the calculation is correct
employees' working hours. Hence, the non-existence
invoices issued by the cooperative, resulting in the
Recovery of value added tax unduly deducted
by the client companies.
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