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2005 to the Raissa and Spazio Industriale funds, for which the companies in question were
accused of non-payment of stamp duty and mortgage tax, requesting payment of approximately 61
million euros in tax, interest and fines.
• in March 2011 it served both Telecom Italia S.p.A and OMS, two notices of demand relating to
property transfers made in March 2006 to the Raissa and Spazio Industriale funds, for which the
companies in question were accused of non-payment of stamp duty and mortgage tax,
consequently requesting payment of approximately 10 million euros in tax and interest.
As far as the notices of demand for stamp duty and mortgage tax are concerned, since these notices are
definitive, the companies propose to appeal to the Milan Provincial Tax Commission, requesting
cancellation of the notices as well as suspension of the collection proceedings currently underway. The
companies have also filed an application for an internal review and suspension with the competent
offices of the Agenzia delle Entrate.
Last February 2012, the Milan Agenzia delle Entrate filed a brief with the Milan Tax Commission in
which it notified its in toto cancellation of all the notices of demand, declaring the consequent
cessation of matters to dispute.
As regards the formal notice relating to VAT however, the Agenzia delle Entrate contested that OMS had
applied an unwarranted deduction of VAT on the purchase of properties assigned to the Raissa and
Spazio Industriale Funds. On this matter the Company considers, supported by the opinion of
established professionals, that it operated in full compliance with tax laws and that the claims made by
the Agenzia should therefore be considered to be unfounded in law, the risk associated with such
claims was therefore deemed possible.
Investigation by the Public Prosecutor’s Office of Monza
Criminal proceedings are currently pending before the Public Prosecutor’s Office of Monza as part of the
preliminary investigation of a number of subjects , among whom some employees of the Company,
relative to supply under lease and/or sale of assets transactions which would constitute various
offences committed against Telecom Italia, among others.
On December, 16 2011 Telecom Italia, the injured party in the aforesaid criminal proceedings, filed a
civil compliantaction against persons unknown with the Public Prosecutor’s Office of Monza.
However, in relation to the transactions cited, Telecom Italia deemed assessment of the risk of recovery
of the deducted VAT, as well as interest and fines, setting aside approximately 10 million euros for risk
provision.
Application for indictment of Telecom Italia S.p.A. for an administrative offence pursuant to Legislative
Decree no. 231/2001.
In December 2008 Telecom Italia received notification of the application for its committal for trial for the
administrative offence specified in articles 21 and 25, subsections 2 and 4, of legislative decree no.
231/2001 in relation to affairs involving several former employees and former collaborators of the
Company charged – among other things – with offences involving corruption of public officials, with the
object of acquiring information from confidential files. In May 2010 Telecom Italia was definitively no
longer a defendant in the criminal trial, the Judge having approved the motion for settlement of the
proceedings presented by the Company (plea bargaining) .
The trial phase of the proceedings, currently underway, started in September 2010 before Section One
of the Milan Court of Assizes. During the first sessions, Telecom Italia filed its application to be a civil
party in the proceedings against all the defendants committed for trial, for all the offences they are
accused of, including the crimes of corruption and criminal conspiracy. The Company's application to be
a civil party in the proceedings was granted by the Court on January, 26 2011. Telecom Italia is also the
party with civil liability in relation to 11 persons charged with criminal conspiracy, corruption and hacking
committed against a total of 32 civil parties. Telecom Italia Latam and Telecom Italia Audit and
Compliance Services remain civil parties in the trial for damages deriving from crimes other than
unlawful appropriation.
In relation to the details of the requests for the Company to pay and/or indemnify third parties, it should
be noted that, given the current state of play and on the basis of the elements available that can be
used for estimates, it is deemed possible that the Company could lose such proceedings. As regards one
case only, on the basis of the available information and the state of the legal proceedings, a negative
Telecom Italia S.p.A. Separate Financial Statements
Note 22 – Contingent liabilities, other information, commitments and
guarantees
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