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Bercy agents now have more means to catch fraudsters. In addition to being able to search through rental or sales platforms between individuals such as Vinted, Leboncoin, eBay or Airbnb, they will be able to access data published on social networks.
The arrival of tax agents on social networks had been expected for several months. But without the publication of the decree in the Official Journal, nothing was decided yet. It is now a done deal. Thus, the tax authorities are authorized to collect and analyze data on Instagram, Facebook and TikTok. But there are conditions.
The tax authorities can search your social networks, under certain conditions
The hunt for fraudsters continues on social networks. While tax agents could take a look at content “obviously accessible”, without needing to register on a platform, they can now create a fake account to expand their research.
Thus, the decree adopted on December 31, 2024 and published in the Official Journal this Wednesday, January 1, 2025, significantly extends the prerogatives of the tax administration. After having vetoed it for a long time, the CNIL (National Commission for Information Technology and Civil Liberties) considers that the system presents “satisfactory guarantees” although it has some reservations.
200% Deposit Bonus up to €3,000 180% First Deposit Bonus up to $20,000It goes without saying that these new prerogatives do not give all the rights to tax agents. To create a fake account in order to access content published on taxpayers' social networks, a good reason is required. Therefore, this is only done if an investigation is underway.
A tax agent can therefore create a profile on a social network in order to search through your publications for the purposes of research or the observation of breaches such as “failure or delay in declaration in the event of discovery of hidden activity”, “deliberate underreporting or underreporting related to an abuse of rights or fraudulent maneuvers”, “the disposal of property or sums of money relating to an illicit activity, giving rise to a presumption of income”or again “understatements or concealment of income by companies”. It should be remembered that private messages and content are not concerned. This exclusively concerns “content that is freely accessible and clearly made public by users”.
In their investigation of social networks, tax agents will not be able to use “false identities”. They will therefore have to clearly “let it appear, in plain language, that it is a tax or customs account”. Enough to reassure Internet users. Finally, so-called “sensitive” platforms such as dating or health applications will not be subject to data collection by the tax authorities or customs.
Despite everything, the CNIL remains a little cautious about the results of the three years of experimentation. She does not consider it “not sufficiently supported”, which does not allow her to ensure its effectiveness.
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