Refurbished smartphones and tablets could escape the private copying tax

The public rapporteur of the Council of State must recommend the abolition of the private copying levy for reconditioned devices. This tax has been regularly contested since its introduction last year.

Will the Council of State put an end to the private copying levy for refurbished devices? This tax, which allows phone and tablet owners to manually copy the contents of a CD, is at the heart of a legal debate.

Before last year, this fee only applied to new devices. But since its extension to the refurbished market, between 8.40 and 9.10 euros (excluding tax) are added to the 14 euros already punctured during the initial purchase of a phone or tablet. A decision that prompted the UFC Que Choisir and reconditioning professionals to challenge this measure last year before the Council of State.

A demand for transparency

Friday, November 25, the public rapporteur will present his conclusions to the Council of State on this subject. According The Informed, he must propose the cancellation of the scale of refurbished telephones and tablets. If the high administrative jurisdiction is not bound to the recommendations of the public rapporteur, it follows them very regularly. The Council of State will issue its judgment in the coming weeks.

Criticized many times, the establishment of the private copying levy on second-hand devices is the main failure, in a personal capacity, of the former Secretary of State for Digital, Cédric O, explained the latter after his exit from the government. At the end of October, the General Inspectorate of Finance (IGF) and the Inspectorate of Cultural Affairs (IGAC) called in a report for more transparency on private copying.

However, consumers who have purchased a refurbished telephone will not be reimbursed for this tax. The Public Rapporteur’s recommendation does not include a retroactive cancellation. Also, the cancellation should not be immediate, but deferred to February 2023.

By Julie Ragot and Pierre Monnier

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