Airbnb Obliged to Provide Details to Tax Authorities, Says EU Court Adviser

Airbnb challenged a 2017 Italian law which was later referred to the Court of Justice of the European Union (CJEU) for guidance.

Advertisement
By Reuters | Updated: 8 July 2022 14:19 IST
Highlights
  • Szpunar agreed with Airbnb's argument in one aspect
  • The latest case involves a 2017 Italian law
  • Airbnb has challenged the law in an Italian court

Airbnb has challenged the law in an Italian court

Short-term accommodation services company Airbnb is obliged to provide information in rental contracts to tax authorities, an adviser to Europe's top court said on Thursday, in another potential legal setback in Europe for the company.

Airbnb has in recent years found itself at loggerheads with authorities in several European Union countries, arguing that taxation and other requirements contravene the EU principle of the freedom to provide services across the 27-country bloc.

Advertisement

The latest case involves a 2017 Italian law requiring Airbnb and other short-term rental sites to forward information from their rental contracts and withhold 21% from the rental income and pay it to tax authorities.

The company challenged the law in an Italian court which subsequently sought guidance from the Luxembourg-based Court of Justice of the European Union (CJEU).

Advertisement

ECJ Advocate General Maciej Szpunar backed the Italian law. His opinion is non-binding but the ECJ usually follows four out of five such recommendations.

"Article 56 TFEU (Treaty on the Functioning of the European Union) in relation to the freedom to provide services does not preclude the obligation to collect and transmit information or to withhold tax," Szpunar said.

Advertisement

"It is perfectly consistent to impose the obligation to withhold tax on intermediaries involved in the payment of rent, given that the activity of a large number of natural persons who are not subject to the obligations incumbent on professionals is, by its nature, difficult to audit for tax purposes."

He agreed with Airbnb's argument in one aspect.

"However, the obligation to appoint a tax representative constitutes a disproportionate restriction on the freedom to provide services," Szpunar said.

Advertisement

Airbnb said: "Airbnb wants to be a good partner on tax and we support a consistent, standardised approach to information sharing, which is why we welcome the agreement by EU Member States on a common tax reporting framework for digital platforms, known as DAC 7."

The CJEU will rule on the case in coming months. In April, the court rejected a similar challenge by Airbnb to Belgian regional legislation requiring it to provide information to tax authorities on tourist transactions.

The case is C-83/21 Airbnb Ireland and Airbnb Payments UK.

© Thomson Reuters 2022


What are the best tablets? We discuss this on Orbital, the Gadgets 360 podcast. Orbital is available on Spotify, Gaana, JioSaavn, Google Podcasts, Apple Podcasts, Amazon Music and wherever you get your podcasts.
Affiliate links may be automatically generated - see our ethics statement for details.
 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Further reading: AirBnB
Advertisement

Related Stories

Popular Mobile Brands
  1. Poco X8 Series Arrives in India With 50-Megapixel Camera: See Price
  2. Best Mobiles Under Rs. 25,000 in India
  3. Realme P4 Lite 5G Roundup: Price in India, Specifications Expected
  4. Google, Microsoft and Others Join Hands to Fight Online Scams, Fraud
  5. Xiaomi 18 Pro May Feature Two 200-Megapixel Cameras and a 7,000mAh Battery
  6. Smriti Irani's New Initiative Focuses on Skill Development for Women Entrepreneurs
  7. OnePlus Pad 3 Pro Leak Hints at This Flagship Chip Upgrade
  8. Samsung Galaxy Z TriFold Sales to Wind Down Just Three Months After Launch
  9. The Family McMullen Out on OTT: Know Where to Watch it Online?
  10. Motorola Launches Smart Inverter AC in India Starting at Just Rs 28,990 With Zero Hidden C
  1. Instagram Rolls Out New AI Voice Effects For Voice Notes With Eight Filters
  2. Apple Reportedly Boosts Foldable Panel Orders to 20 Million, Suggesting Strong Demand for Foldable iPhone
  3. Smriti Irani Backs Women Entrepreneurs With SPARK Collective Push and British Council Partnership
  4. Oppo Watch X3 With Snapdragon W5 Chipset, Over 100 Sports Modes Launched
  5. Oppo Find N6 Launched With Snapdragon 8 Elite Gen 5 SoC, 6,000mAh Battery: Price, Features
  6. Poco X8 Pro Series Launched in India With Up to 9,000mAh Battery, 50-Megapixel Camera: Price, Specifications
  7. OnePlus Pad 3 Tipped to Launch With 13.2-Inch Display, Snapdragon 8 Elite Gen 5 Chip
  8. Vivo X500 Series Chipsets Tipped Months Ahead of Launch; Vivo Pro Max Could Also Debut
  9. Argentina Bans Polymarket Over Unregulated Crypto Betting Concerns: Report
  10. Oura Ring 4 Launched in India With Smart Sensing Technology and HRV Tracking: Price, Specifications
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.