Contrarily to
what we have informed you about this past 16th June 2020 (see here
for more info www.yachtwelfare.it/new-rules-in-italy)
the new VAT rules (VAT at 22% due on actual time spent into EU waters) have
unexpectedly been postponed to 1st November 2020.
The Italian
Minister has now decided – with a huge delay – to follow in the footsteps of
the French Finance Minister and so to suspend until 31st of October the
application of the new VAT rules in order to revitalise the yachting industry, especially
after the recent situation of COVID-19 pandemic.
So let’s keep
the old rule (e.g. 6.6% flat-rate reductions on Charter Fee) with the purpose
of implementing the Charter activity for the current summer season encouraging
(is anybody feeling encouraged now?) tourists to come to Italy.
The above is
part of the last “Simplification Decree” N. 76/2020 published on the Official
Gazette (Gazzetta Ufficiale, Serie Generale N. 178 del 16/07/2020, Suppl.
Ordinario N. 24), entered into force on July 17th 2020 (in which the
word “April” – contained in subparagraph 726 of Law 27/12/2019 N. 160 – has
been replaced by the word “November”).
Please
inquire us to info@yachtwelfare.it for
any questions and additional info.
As you all
know, this past 25th May 2020 the Italian Revenue Office (Agenzia
Delle Entrate) has put under Public Consultation (for more info see our news on 27th May 2020 here) a draft concerning the provisions
for the application of the VAT reduction on Italian charters, according to the
EU’s articles 56 and 59 of the EU VAT Directive 2006/112/CE.
The new
regulations have been finally issued with Provision N. 234483/2020 by the Italian Revenue Office.
Therefore, as
of yesterday, June 15th 2020, the VAT due on Italian charters
must to be calculated on the basis of the actual time spent by the charter into
the EU territorial waters.
As a
logical consequence of this, the taxable amount will be subject to a
pro-rata reduction based on the cruising outside the European territorial
waters (international waters), according to the real time miles spent at
“high sea” (international waters), in accordance to the hereinbefore
mentioned article 59.
The new rule does not apply to any Italian charters signed before 15th June 2020 (date of release of the official Provision by the Agenzia Delle Entrate).
What do we
need to do now on?
To put it
quite simply:
Firstly Captains/Officers
on board need to split the Charter time into two parts:
a.total hours spent into EU Waters
(Italy, France, Spain, etc.).
b.total hours spent at the High
Sea (International Waters).
Secondly,
and particularly important, the following evidences/proofs must be collected,
kept on file and submitted in case of inspections by the Authorities:
1. trip route cartography.
2. data/info extracted from satellite
and/or navigation systems.
3. data/info extracted from
transponder systems (e.g. AIS system).
4. logbook (ship’s log) and/or
navigation log.
5. papers attesting any berth stay in
non-EU ports (e.g. berth invoices, berth contracts agreements,
arrival/departure formalities, etc.).
6. papers attesting any purchase of goods
and/or services in non-EU shops/businesses.
7. the short-term Charter Agreement and/or analogue Contracts regarding the hire of the yacht.
The
evidences collected must prove the maritime routes sailed by the yacht with
extreme accuracy and coherence.
All the
evidences/proofs collected must be kept on file for a period of time according
to Art. 57, paragraphs 1 and 2, of the
Presidential Decree N. 633/1972 (therefore, until 31st Dec. of the fifth year subsequent to
the year in which the Declaration has been filed or – in the event that the
Declaration hasn’t been filed – until the 31st Dec. of the seventh
year subsequent to the year in which the Declaration should have been filed).
To simplify
the procedures and reduce the burden we – at Yacht Welfare – have set up a
special form for all our Clients to summarize all the necessary data and info.
This form is called PPNRF (Passage Plan & Navigation Report Form) and it is
made in editable pdf file.
The PPNRF
needs to be fulfilled in all its parts and sent back to us along with the
necessary pictures, mini videoclips, logs, etc. annexed.
Yacht
Welfare will keep assisting you by double checking the info provided.
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