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Italy Probes CK Hutchison Unit on Tax in €3.4 Billion Asset Sale

People walk past the construction site of Cheung Kong Center II at Central in Hong Kong, China, on Monday, March 13, 2023.Photographer: Paul Yeung/Bloomberg (Paul Yeung/Bloomberg)

(Bloomberg) -- CK Hutchison Holdings Ltd.’s Italian telecommunications unit is the target of a probe alleging that it evaded taxes during a €3.4 billion ($3.6 billion) asset sale to Cellnex Telecom SA. 

The investigation by Italy’s finance police hinges on whether Wind Tre SpA, the country’s third-biggest phone company, failed to pay registration taxes while selling several thousand mobile phone masts to Barcelona-based Cellnex, according to a document seen by Bloomberg. 

The alleged evaded taxes would amount to about €132 million for 2022, the document shows.

Wind Tre executives allegedly used a complex asset-sale system that relied on a Luxembourg-based vehicle called CK Hutchison Europe Investments Sarl, with the goal of reducing the firm’s Italian tax burden. 

The tower sale deal then made use of “an undue optimization of the overall tax burden in terms of registration and income tax,” the finance police said in the document.

The investigation began last year and a notification of the full audit report was submitted to Wind Tre in October, according to the document.

“Wind Tre implemented the transaction in full compliance with applicable tax laws,” the company said in a statement to Bloomberg, adding that it’s cooperating with the tax authorities with regard to their ongoing investigation. 

Representatives for CK Hutchison didn’t immediately reply to a request for comment. Italy’s finance police declined to comment. A representative for Cellnex declined to comment.

Tax Scrutiny

Italy has been ramping up scrutiny of global companies’ taxes. Prosecutors in 2019 launched a probe into Netflix Inc. that was settled in 2022 with the streaming company paying about €56 million in back taxes.

A Milan prosecutor earlier this month said that Meta Platforms Inc. failed to pay value-added tax worth up to €887.6 million between 2015 and 2021, and didn’t declare a potential €3.99 billion in taxable revenue over that period. Meta has denied any wrongdoing.

Wind Tre’s Italian mobile tower sale was part of a broader deal between CK Hutchison and Cellnex, Europe’s largest independent tower operator. That larger transaction involved all of the Hong-Kong based conglomerate’s European telecom masts, valued at €10 billion. 

Cellnex agreed to the deal in November 2020, adding around 24,600 new towers to its existing 60,000 sites. 

The company shifted its strategy from 2022 to focus on reducing leverage amid rising financing costs, after years of growth fueled by takeovers. 

©2024 Bloomberg L.P.