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Español British American Tobacco vs. Yesmoke – the "Correction"
BAT Italia wants Yesmoke to declare in Yesmoke’s Blog that BAT has nothing to do with the evasion of Value Added Tax reported by Yesmoke. The correction, written by BAT, should be published with the Yesmoke signature.
But BAT cannot consider itself extraneous, because the law is quite clear: if invoices have to be issued with VAT, then whoever issues an invoice without VAT and whoever receives it are evading taxes.
The Blog is open to BAT; they are free to make their contribution to clarify an untenable position that is destabilizing the entire sector.
Is BAT holder of a VAT deposit? Has it paid the bond to exercise the VAT deposit or has it been exonerated? On its sales of processed tobacco produced in Italy, does it invoice to the distributor Logista with VAT?
Yesmoke’s Blog is the only source of information on the VAT evasion affair and it fills a disquieting void. BAT could publish its own opinion directly on the Yesmoke Blog, or it could send comments, documents, etc. directly to Yesmoke, who would be glad to publish them with BAT Italia’s signature.
If BAT makes no effort to clarify the issue, Yesmoke cannot affirm that “BAT Italia has not conducted any activities that can be construed, even abstractly, as VAT “tax evasion”,
Moreover, it must not be forgotten that Yesmoke today is the only company that operates in total compliance with the directives of the Italian Revenue Agency (Agenzia delle Entrate).
The letter BAT sent to Yesmoke
Rome, 22 October 2009
Subject: British American Tobacco Italia S.p.A. / Yesmoke Tobacco S.p.A. - Tribunal of Rome - R.G. 66109/2009
Dear Sirs,
In the name of and on behalf of British American Tobacco S.p.A., here-attached we are sending you a statement of rectification which we invite you to publish on your Internet site, yesmoke.eu, following the instructions given therein, in execution of the commitment you yourselves expressly assumed with the communication of 15 October 2009, addressed to the Judge handling the above-specified procedure, Dott.ssa Maria Rosaria Rizzo.
We enjoin you moreover from publishing on your Internet site any further false, misleading, and defamatory information against British American Tobacco S.p.A, including the erroneous statements, which we invite you to remove immediately, contained in the article presently on the site with the title: "Top Story N. 109: IVA - British American Tobacco vs. Yesmoke".
We inform you that in the next hearing, scheduled by the court of Rome for the 3rd of November 2009, the Judge shall verify your correct compliance with the obligation of cancellation and rectification expressly assumed.
We reserve the right to act in separate judgment for compensation of damages suffered by our client.
Cordial regards,
Avv. Daniele Geronzi
Avv. Francesca Colantoni
The rectification requested by BAT, not subscribed to by Yesmoke
«Yesmoke Tobacco S.p.A. communicates, on request of British American Tobacco S.p.A. (BAT Italia), and to rectify what appeared in its Internet site on 1 October 2009 in the article entitled "Top Story N. 109: British American Tobacco - 500 milioni di IVA evasa scoperti dalla Yesmoke" (Top Story No. 109: British American Tobacco - 500 million of evaded VAT discovered by Yesmoke), that BAT Italia has not conducted, with specific reference to the facts reported in the above-mentioned article, any activities that can be construed, even abstractly, as VAT “tax evasion”, but, on the contrary, it has acted with full respect for current fiscal legislation on matters of tobacco.
The declarations, contained in the above article published by Yesmoke Tobacco S.p.A., are therefore devoid of foundation, contrary to the truth and injurious to the reputation of BAT Italia; they instill doubts in the public opinion regarding the alleged illicit behavior of BAT Italia as contrary to the fiscal legislation in effect. In relation to the above affirmations, BAT Italia has reserved the right to safeguard its rights and interests in the competent tribunals”.
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