The new standards entered into force since July 1st, 2016
The “collaborative” economy via an Internet platform, provides for many individuals additional income which for some of them can be a useful complement and for some thereby make them eligible for compliance with certain professional obligations pursuant to the applicable legislation.
The French legislator (Law n ° 2015-1785 of December 29, 2015 finances for 2016, published in the French Official Gazette No. 0302 of December 30, 2015 page 24614, Article 87) introduced measures for specific information that need to be mandatory respected by platforms for commercial offers towards their users residing in France or that conduct sales or provision of services in France.
These new rules apply to all transactions operated by platforms for commercial offers since July 1st, 2016. These “collaborative” platforms must inform their users about their tax and social obligations (Article 242 bis of the French General Tax Code and Article L 114-19 of the Social Security Code) and these information must be provided for each transaction. It must be a fair, clear and transparent information related to the tax and social obligations for individuals doing business through such platforms.
As part of the platform, their operators are also required to provide an electronic link to the administration’s site (s) so that their users be compliant with their tax and social obligations.
Each year, in January, and for the first time as from January 1st, 2017, these platforms for commercial offers will also have the obligation to submit to their users, a document that summarizes the gross amount of transactions operated through the platform and that users will have received during the previous year.
Last but not least, annually, the platforms concerned must be certified by an independent third party, to attest of their compliance in respect of these obligations as described above for the previous year. The fact for an operator of such platform not be in position to demonstrate its compliance with these obligations and to produce such certificate is punishable by a fine of € 10,000. Therefore, in practice, platforms as referred must obtain their certificate and forward it to the administration for the first time before March 15, 2017.
Our law firm, member of Deloitte Touche Tohmatsu Limited network, is positioning as an “independent third party” in order to assist the opera-tors of commercial offers platforms, as the case may be, to ensure (i) compliant drafting of information’s obligation concerned, but also (ii) to perform audit of the web pages as well as of the functionality of the platform towards their users, as well as (iii) to deliver, each year, the certification requested before March, 15. Do not hesitate to contact us.
The members of our team remain at your disposal regarding this news and to inform you on its impact for your company.