Beware of the fraud of photovoltaic systems

Inflated prices, with installations photovoltaic sold at five times their market value, customers induced to perform tax crimes, how to ask for tax deductions of 50 or 65% also on the purchase of electricity from the network, deceptive promises and more … In the new market of energy services " all inclusive ", in which the customer sells the energy together with energy saving and self-production interventions, alongside innovative and honest companies, there also seems to be some cunning.

At least according to the complaintAdiconsum of the Friuli Venice Giulia, which today a Udine hosts for a training course ad hoc of the operators, the expert Paul Schiona, administrator of Prae.Toris, a study specializing in the protection of citizens and businesses in the consumer market, which, together with Adiconsum of Padua and Rovigo, has recently highlighted possible offenses, centered on the sale – combined and contextual – of renewable energy plants and lighting contracts it's gas.

A complaint following which the Guardia di Finanza has launched an investigation: in the viewfinder there are 13 companies, operating a little in all of Italy, but tens of thousands of unsuspecting customers are also at risk. Let us try to explain how and why.

According to Paolo Schiona, "the alleged offense would often be based on commercial proposals implemented through door-to-door, tele-marketing and network marketing. These proposals involve the purchase of assets, such as renewable energy plants – photovoltaic systems, pumps of heat, boilers, etc. – together with service supplies, usually consisting of the supply of electricity but also gas ".

"The advantage for the buyer, besides the installation of a renewable energy plant, would be to secure energy at fixed prices from 1 to 20 years, in order to face the share of consumption not covered by renewable energy plants without fear of rising prices "In theory, everything is fine, in the sense that no law prevents a company from offering this type of combination of goods / services," explains Schiona.

"In practice, however, the alleged wrongdoing would essentially be accomplished in two phases: firstly in the misleading formulation of the commercial proposal, in which the forgery is asserted if the fiscal deductibility of energy share, system charges, VAT and Rai license fee is assured home light bill – non-deductible amounts, and then in the invoicing of sales contracts, which makes text for the request for tax deduction of 50% or 65% when installing renewable plants or for energy efficiency ".

"Starting from the alleged main wrongdoing, the companies investigated would have issued to the customer only one invoice, indicating the sale of only the renewable energy plant – without mentioning the supply of energy. That single bill would, however, charge the customer a total amount corresponding not to the price of the renewable energy plant alone, but to the sum of the prices of the plant with renewable plus multi-year supply of light or gas ", continues Schiona.

"Since the supply of electricity and gas are not deductible expenses in the context of energy efficiency measures, if a person deducts an invoice whose amount, in addition to the price of the deductible good, includes also the price of the supply of electricity – not deductible – that person, even if unknowingly, commits a wrongdoing. And in this case the Inland Revenue can issue sanctions and demand the reimbursement of taxes on the sums illegally deducted, or the repayment of the sums previously returned to the tax payer ".

"In the commercial proposal instead, companies would present the supply of electricity and gas as a gift, a" zero bill "bonus or a" virtual accumulation "of energy: factually inaccurate information, used to justify inexperienced customers billing the only plant, unless the sum received also for the light ", claim Adiconsum and Prae.Toris.

"In all the observed cases, the price of the" gift "supply paid by the customer to fix the cost of the bill would also be much higher than the real market value of both the good and the energy. I have seen 10,000 euro contracts for an electric towel heater of 300 euros, "explains Schiona.

"Renewable technology would therefore be just an excuse – says Schiona – the Trojan horse to enter people's homes and incorrectly open the doors of the tax deduction in the conviction of customers, concealing the real nature of an electricity supply inflated under the guise of a gift: With this system, a 3 kWp photovoltaic system costing 6,000 euros is also sold for 23,000, where the bulk of the invoice is represented by the supply of light at extended prices, the unsuspecting or unaware customer, in addition to the energy saving allowed from a renewable energy plant, he thinks he can deduct at least half of the expense and maybe he also believes he has made a good deal, because he receives a zero bill in the future, except for the abnormal disbursement suffered upstream and the offense implemented by deducting non-deductible amounts ".

Another aspect destined to further raise the profile of this case is the role supposedly played by financial companies. Many of these contracts for the purchase of goods / services are in fact signed by families that do not necessarily have 10,000 or 20,000 euros to spend on the nail. They therefore rely on consumer credit companies, often brought by the companies themselves, to obtain loans.

This is an important aspect from the point of view of consumer protection and the checks that every financial company is required to make before providing a loan. If in fact it can be understandable that "Mrs. Maria" is not an expert on tax deductions and does not know the market prices for renewable plants and energy supplies, much less likely is that a financial company working in the renewable energy sector does not know that a 3 kWp photovoltaic system can not cost 23,000 euros or a thermo-furniture 10,000 euros, or that the bills are not deductible. Some suspicion should arise in the preliminary investigation of the loan.

"In some cases," Schiona tells us, "the financial companies have already repaid the installments paid by the first consumers who, almost a year ago, began to turn to Adiconsum. In these cases, also based on the investigation of the Adiconsum of Padua and Rovigo , the financial company has also already extinguished the loan and filed a direct claim against the companies – an exceptional fact ", adds Schiona.

"Commonly, in fact, the financial companies do not sue the company, but bring to court the customer who wants to free himself from the obligations, so that the customer in turn complains the selling company. This because the loan contract is ancillary to the contract of selling the good / service and usually to pay off a loan, a financial wants a judge's decision on the main contract, for its part, the selling company that has been sued by the financial company so far has no counter-suit, he says Schiona, since "he knows very well that if he takes us to court he loses again and also spends money", concludes Schiona.