The lottery is therefore close to departure, but there is still no technical regulation including the entity and the number of prizes available, which will be drawn up at the Customs and Monopolies Agency.
To give its green light, however, the Guarantor was able to examine a scheme of the provision submitted to him by the Agency and which probably corresponds to the data already circulated and to which we also note in this article. These data on lottery prizes that are also read on other sites and which are sometimes indirectly referred to as “official” are not at all.
However, it is possible to take this into account to give a more complete form to the “Ticket Lottery” – also referred to as the “payment lottery” – and also understand why it was born, although you can imagine it: to fight tax evasion.
Small short story on the receipt lottery
The receipt lottery takes shape within the 2017 Budget Law (law no. 232, 11 December 2016), within which only the paragraphs from 540 to 544 of art. 1, and which initially foresee its departure for January 1st 2018.
It is not presented as a tool to combat tax evasion, but as a lottery associated with the purchase of goods and services by Italian taxpayers, against which the operator should have communicated the participant’s tax code to the Revenue Agency, so as to admit it to the prize draw.
In practice, the receipt lottery you participate every time you buy a good or service, but to do so, the purchase must have a correct tax registration.
Hence the origin of the name “receipt lottery” and the reason why it was associated with the fight against tax evasion. More receipts issued on the push of people who want to take part in the prize draw, means more tax records, and therefore less tax evasion.
Precisely for this reason, and from the beginning, the law provides a 20% increase in the probability of winning for all participants who choose to make transactions using electronic payment instruments for purchases, or systems that make tax traceability more certain.
However, the Lottery of the receipts was postponed to January 1, 2020 by dl n. 119 of 23 October 2018, in which, with modification of paragraph 544, they made the appearance also of the Customs and Monopolies Agency and the Revenue Agency as disciplinary of the “technical methods relating to the extraction operations, the size and number of prizes made available, as well as any other provisions necessary for the implementation of the lottery.”
But the history of the lottery is witnessing a new postponement. With provision no. 1432381 of December 23, 2019, the Revenue Agency pushes forward the entry into force of the lottery. The new date is July 1st 2020.
Although the technical rules for the transmission of lottery data by telematic recorders were already in place in October 2019, not only was the actual participation regulation missing, but the use of the tax code for participation was a bit of a struggle with the privacy of the “players”.
Through the indications of the Guarantor’s Office, also to make the “game” comply with the European Regulation on the processing of personal data, we therefore thought of a “lottery code” as an alternative to the tax code.
The lottery code makes it possible to make the information collected not attributable to the individual without additional information and allows the consumer not to provide the merchant with the tax code, from which information on sex, date and place of birth, which is not necessary to participate in the competition, can also be obtained.
How to participate and how to obtain the lottery code
To participate in the lottery, the consumer, at the time of purchase, must exhibit their lottery code in paper or electronic format to the operator (for example, a barcode or a QR Code).
This code is obtained through the “Lottery Portal” of the Customs and Monopolies Agency. The reserved area will be accessible via SPID level 2 digital identity, National Services Card (CNS) or Fisconline / Entratel credentials issued by the Revenue Agency.
The code is generated randomly, it consists of 8 alphanumeric characters and is uniquely associated with the applicant’s tax code. The Guarantor informs that “each consumer can generate multiple lottery codes, all equally valid for the purpose of the competition”, But does not specify why such a choice should be necessary.
The Revenue Agency will then extrapolate the necessary data from the individual receipts transmitted by the merchants (VAT number and merchant’s name, receipt number, date and time of purchase, amount, payment method, lottery code) and will transmit them to the “Lottery System” of the Customs and Monopolies Agency, which will have the support of Sogei.
The Customs and Monopolies Agency will convert the receipt data into “virtual tickets” of the lottery which, for greater consumer protection, will be kept separately from the combinations of tax codes and lottery codes. After the extraction of the tickets, authorized personnel of the Customs and Monopolies Agency will be able to trace the identity of the consumer to attribute and communicate the winnings. The data will be kept in log files for 24 months.
The consumer, for his part, will have access to the reserved section of the Lottery Portal to consult the receipts and associated virtual tickets, verify the winnings and exercise his rights in a simplified way.
For the time being, purchases of health services and electronic invoices will be excluded from participation in the first phase of the lottery. It is also important to remember that the Lottery Portal is not yet functional and there is still no internet page hosting it.
What are the prizes and when do the draws take place
Once you have obtained the lottery code from the Lottery Portal of the Customs and Monopolies Agency (which, remember once again, is not yet online), how do you participate in the prize draw, and what are the prizes?
Let’s go back to saying that, pending the completion of the rules by the Customs and Monopolies Agency, these data are indiscretions from schemes and drafts, which however may not differ too much from the final data. However, we will keep the article updated after the developments.
The Lottery of the receipts (on condition of not having new postponements) will enter into force on 1 July 2020. All natural persons of legal age residing in Italy who make purchases of goods or services, outside the exercise of business, art or profession, may participate.
The prizes will be differentiated for those who purchase goods and services with digital cards or tools and for those who do so by paying in cash.
The lottery tickets of the receipts will be virtual and will be issued in the case of spending equal to at least 1 euro. For every euro spent you will receive 10 tickets, but with payment by card or debit card, the winning opportunities, according to the law, should increase by 20%.
Differences between rewards for cash payers and those who pay electronically
For payments with card and digital tools is provided an annual draw of 5 million euros and 10 monthly draws of 100,000 euros.
For those who pay in cash, much less. A final draw of 1 million euros and three draws every four months of 30,000 euros.
From 2021, the prizes and draws will change: There will be 15 weekly draws of 25,000 euros for the lottery with card payments, and 7 draws of 5,000 euros for the lottery of cash-paid receipts.
Prizes also for exhibitors, but beware of smart ones
In order for everyone to be encouraged to participate, the Ticket Lottery does not forget the exhibitors. Prizes are also available for them. For the lottery that concerns purchases with cards and debit cards the annual draw is up to 1 million euros for shopkeepers, the monthly ones drop to 20,000 euros. From 1 January 2021 the weekly draws will allow 15 shopkeepers to win € 5,000.
There are, however, possible sanctions for “hostile” shopkeepers. With the art. 20 of the decree n. 124 of 26 October 2019 penalties of 100 to 500 euros had been introduced for merchants who did not transmit customer data to the Inland Revenue. But in the conversion law, the penalty has been changed in the possibility for the buyer / participant to report the shopkeeper who will refuse to indicate the data necessary for participation in the lottery.
Privacy on participants’ data
The data of the merchants and buyers who will participate in the lottery and which will be stored in the Lottery System database are as follows: VAT number and operator’s name; full identification / progressive number of the consideration; date and time of purchase; total amount of the good / service, distinguishing between the amount paid in cash, the amount paid with electronic instruments and the unpaid amount; customer’s lottery code; date of transmission of the consideration to the Revenue Agency.
The data relating to the payment methods will be limited exclusively to the prize draws. And overall, all data do not provide for the identification of the interested party, neither at the time of generation of the lottery code, nor in that of the purchase of goods and services from the operator.
The relationships between a consumer’s tax code and the lottery codes that he has requested through the Lottery Portal are kept separately; access to data relating to individual commercial transactions and additional information for the attribution of personal data it is allowed only to those authorized to process it and only for the purpose of communicating the win.
Yes, but how is the communication of the winnings made?
The provision scheme presented to the Guarantor provides that to communicate any winnings to the participants the Customs and Monopolies Agency uses the certified e-mail address, if provided in the reserved area of the Lottery Portal. Otherwise, a registered letter is sent, with acknowledgment of receipt, to the address of residence, or to the last tax domicile.
Developments in the near future
We therefore look forward to the official data on the size of the prizes and the number of their draws. What is already written in black and white at the moment is: the procedure for creating the lottery code through the “Lottery Portal” by the Customs and Monopolies Agency but which is not yet active; the privacy legislation relating to the lottery code; the 20% increase in the chances of winning in case of payment by electronic means and finally the communication of the winnings via PEC or registered letter.
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