The Council of State has finally decided to cancel the private copying levy applied to refurbished smartphones in France. This tax increased the price of telephones by around ten euros on average. Refurbished smartphones have been subject to this fee since November 2021. There will be no feedback from this decision.
When you buy a new smartphone in France, you pay certain taxes. The VAT Of course. But also the private copying levy. This tax applies to all electronic devices that incorporate internal storage. Computer. Hard disk. Phone. Etc. Until 2021, refurbished products were not affected by this tax, since it had been paid by the first owner of the product. But the rights holders obtained their integration in the list of subject products.
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This measure entered into force in the course of second half of 2021. From this date, sellers of refurbished smartphones paid around ten euros under the private copying levy. Quickly, the UFC-Que Choisir and the union of professionals linked to refurbished products denounced this decision. In November 2022i.e. one year after implementation, the public rapporteur recommended that this decision be annulled.
The Council of State cancels the private copying levy on refurbished smartphones
It was still necessary that the Council of State follow this opinion. And it finally does. According to our colleagues from daily life online The Informedthe Council of State voted pure and simple cancellation of the fee private copying for refurbished products, including smartphones. The Council of State explains this decision by a procedural flaw in the establishment of the scale applied: some members of the commission supposed to decide what amount was applied to each product were absent during the vote.
This new decision will enter into force on February 1, 2023. The cancellation of the royalty on reconditioned products is not retroactive. You cannot therefore claim a refund of the amount you had to pay under the private copying. It seems obvious that the Council of State wanted to avoid the collector of the tax, Copie France, a massive influx of disputes.
Should we expect, after February 1, a drop in the price of refurbished smartphones? It is not mandatory. Indeed, some distributors reduced their margins in 2021, following the initial introduction of the levy. An effort that may not be repeated in 2023, given the inflationary economic conditions. Then, those who raised their prices in 2021 will no doubt see here an opportunity to increase their margins. In the short term, the consumer will therefore not necessarily be a winner.
Source : The Informed
