Tag Archives: mediterranean

25% YES OR NOT?

Sanremo, 14th April 2019

25% YES OR NOT?

The French Customs Office has released important dispositions and clarifications about yachts engaged in commercial and transport activities (e.g. charter).

25% DUTY TO APPLY TO US BUILT BOATS

The French Customs Office confirms that every US built boat having commercial registration and officially imported in European Community before the 22nd of June 2018 will be exempt from the payment of the 25% customs duty on the boat’s return in Europe if all the standard import formalities will be executed (the same formalities and practices arranged before the 25% rule).

The same principle applies for boats exported from EU before the same date (Export Declaration is required. In absence of this Declaration an alternative proof of exportation has to be provided).

All the boats having completed the import back to the European Community can benefit from FCE/ICE (French Commercial Exemption / Italian Commercial Exemption) advantages according to the +70% rule.

If the boat has been imported under the FCE/ICE regime in 2018, it is still required to provide the proofs attesting its qualifications to take advantage of the same benefits (+70% international voyages).

Therefore, we confirm that any and all US built boats falling within the below listed cases:

1. never imported before the 22nd of June 2018, or

2. imported before the same date but having changed the Owning Company (sold/purchased)

are subject to the application of the 25% customs duty.

CHARTER UNDER TEMPORARY ADMISSION STATUS

Besides, all US built boats never imported before the 22nd of June 2018 will have the possibility to perform commercial activities (Charter) under Temporary Admission status, whether the boat is registered as commercial or private (in the latter case only if the Flag Registry admits this condition).

However, there are specific restrictions to the above frame:

a. the impossibility to have EU resident Charterers

b. at present not all the EU Members States still permit a boat under Temporary Admission to execute commercial activities (Charter).

In regards to non US built boats (EU or non-EU) registered as commercial and to coming to Europe to execute commercial activities (Charter), which are under “Import Status”, the FCE/ICE benefits apply to all those non-EU boats (as well as to some EU boats in specific cases: more info will follow) intending to execute commercial activities (Charter). This is the only case in which the Charterer can be a EU resident.

Concerning the non-EU boats which will not be imported (both Commercial and Private registered), they will only have the possibility to execute Charters under the regime of Temporary Admission and will not be entitled to charter to EU resident subjects.

As far as is concerned to side boats (chase-boats/tenders) having own registration and which are employed to attend the mother ship (main vessel), we are still waiting for the necessary clarifications by the Customs about the possibility to charter said chase boats to EU residents.

All the hereby listed rules and information provided might be subject to variations by the Customs Office.

Therefore please always contact us to know if something has been changed, integrated or just updated.

For any additional info or clarifications required please email us to info@yachtwelfare.it

You can download the complete version of this news below:

YW_News_19_12_04Scarica

“E-INVOICE” NOT REQUIRED

Owning Companies identified for VAT in Italy by a Fiscal Representative are not required to be accredited to the SDI – Interchange System (SDI – Sistema di Interscambio ) for the e-invoicing procedure introduced by the Italian Tax Authority (Agenzia delle Entrate) starting from January 2019.

Law Decree N. 119/2018 (art. 15) amends the Italian regulation that introduced the mandatory electronic invoicing starting from 1st January 2019 (art. 1, para. 6 of Law Decree no. 127/2015) according to Implementing Decision (EU) 2018/593 from 16 April 2018 – which authorized Italy to the widespread use of electronic invoices – specifying that the obligation applies only to subjects established within the State (Italy) and not to foreign subjects identified for Italian VAT purposes, but not residing therein. This amendment implements what had been anticipated by the tax Agency in its Circular Letter no. 13/2018.

Therefore Owning Companies do not have the obligation to issue electronic invoices (e-Invoice).

This means that the actual procedure does not change and each invoice relevant to VAT due on Charters – having fiscal applicability in Italy – will still need to be issued in hard copy (paper format).

Please note that all the paper invoices issued by suppliers will need to contain the following wording: “copia cartacea della fattura” (translated: hard copy of the invoice). This will allow the Owning Company to still be able to deduct the VAT debited by the supplier. A “courtesy-copy” of the same invoice can be sent by the supplier to the client in digital format (e.g. pdf file sent by email).

A full explanation of the e-Invoicing in Italy can be consulted on the EU official website or visiting the following link: https://ec.europa.eu/cefdigital/wiki/display/CEFDIGITAL/eInvoicing+in+Italy.

For any questions or additional info please email us to info@yachtwelfare.it

Italy VAT Guide 2018

The new Italian VAT Guide for 2018 is now online.
Please feel free to download it here or below.
Stay tuned and make sure to comply with the rules.
We remain always at your disposal for any sort of clarifications.
Any need please email us to info@yachtwelfare.it.

YW VAT Guide Italy 2018

Sojourn Tax in Croatia 2018

Please find below the recent NEWS released by our Croatian partner MYS Yachting.

“We would like to simplify and clarify the Sojourn Tax fee structure for private and commercial vessels in 2018 as we have noticed that there is still a lot of misunderstandings and misinterpreted information circulating in the marketplace.” Please read and note:

According to the Croatian Sojourn Tax law implemented on the 1st of January 2009 the sojourn tax is the income of Croatian tourist boards used for the improvement, development and promotion of Croatia as a tourist country.

The sojourn tax must be paid by owners of private vessels and their guests, and by the guests on board commercial vessels.

THE SOJOURN TAX FEE – FOR PRIVATE VESSELS

The private vessel owner(s) or his/her guests pay the sojourn tax for themselves and all persons spending the night on that vessel, on a lump sum basis. A vessel is defined as any vessel over 5 m in length with built-in beds, used for rest, recreation or cruising, which is not a nautical tourism vessel (charter yacht). The lump sum of the sojourn tax is paid at the vessel’s entry into Croatia, or, if the vessel is already in Croatia, prior to departure from the marina or port, and the tax is paid in the harbourmaster’s office. The harbourmaster office shall issue a sojourn tax receipt. The invoice for the paid sojourn tax must always be on the vessel, and the master of the vessel must present it upon request of an authorized person. The sojourn tax fee depends on the length of the vessel and the period of time the sailors will stay on board the vessel:

 

5 – 9 m 9 – 12 m 12 – 15 m 15 – 20 m Over 20 m
up to 8 days HRK 130
(18 Eur)		 HRK 400
(55 Eur)		 HRK 500
(68 Eur)		 HRK 650
(88 Eur)		 HRK 950
(128 Eur)
up to 15 days HRK 240
(33 Eur)		 HRK 700
(95 Eur)		 HRK 950
(128 Eur)		 HRK 1200
(163 Eur)		 HRK 1800
(244 Eur)
up to 30 days HRK 400
(55 Eur)		 HRK 1200
(163 Eur)		 HRK 1600
(217 Eur)		 HRK 2000
(270 Eur)		 HRK 3000
(406 Eur)
up to 90 days HRK 950
(128 Eur)		 HRK 2900
(392 Eur)		 HRK 3850
(521 Eur)		 HRK 4800
(649 Eur)		 HRK 7200
(973 Eur)
up to 1 year HRK 2000
(270 Eur)		 HRK 5800
(784 Eur)		 HRK 7700
(1041 Eur)		 HRK 9600
(1298 Eur)		 HRK 14500
(1960 Eur)

 

THE SOJOURN TAX FEE – FOR COMMERCIAL VESSELS  (charter yachts)

If a commercial vessel is coming to Croatia after starting the charter in a non-EU country (e.g. Montenegro), or if the charter has started in Croatia, the guests on board the vessel pay a sojourn tax of 1,08 EUR per person for each night that they spend on board the vessel in Croatia.

If a commercial vessel is coming to Croatia after starting the charter in an EU country (e.g. Italy) guests on board the vessel pay the lump sum of the sojourn tax depending on the length of the vessel and the period of time the guests will stay on board the vessel (same as in private vessels).

Based on the above, we would like to advise charter brokers who are booking charters in Croatia to inform their clients accordingly, and masters of vessels that are planning to do their summer season in Croatia to speak about this to their charter representatives (e.i maritime agent, charter company) and make sure the above is understood in order to avoid incorrect payments and overcharges.

Please note:

1. The crew on board both private or commercial vessels are exempt from paying sojourn taxes.

2. The payment of the sojourn tax for guests on board commercial vessels should be handled by the local charter representative (i.e. maritime agent, charter company). The master of the vessel will provide the fee to the representative from the APA prior to the guest’s departure.

For any additional clarification please do not hesitate to email us at info@yachtwelfare.it.

Up to Date Rules in Croatia

After the VAT workshop conducted during MYBA 2017 by our staff and partners please find hereby a summary of the new rules about Croatia:

1. Charter business can be performed by NON EU and EU charter companies with commercially registered yachts

2. To set up a yacht for charter business in Croatia (approx. 10 – 14 days), a charter company needs:

a) To obtain VAT and PIN numbers with the Croatian tax office. The list of required papers that must be submitted depends on if the charter company is from the EU or outside the EU.

b) To list the yacht in “E-crew” ( a central online database ) of the Croatian Ministry of Maritime Affairs. The list of documents to submit depends on the GT and LOA of the yacht.

If all the papers are in order there will no longer be a need for a technical inspection of the yacht’s firefighting and safety equipment in Croatia before the beginning of its 1st charter.

3. All non-EU flagged commercial yachts will be required to obtain a charter license. There is no longer a limit on the yacht’s length in order to perform charters in Croatia. The license will be valid for the calendar year. The number of licenses issued might be limited based on the Croatian market supply situation.

4. VAT will be charged on all commercial yachts that start charters (embark guests) in 3rd countries, on a pro-rata basis, for the time spent in Croatia. For instance, if a yacht embarks guests in Montenegro and comes to Croatia for 6 days, charter guests will need to pay Croatian VAT on those 6 days.

5. All charter contracts with an embarkation port outside of the EU, and a disembarkation port inCroatia, and which are signed before the 1st of May, will be exempt from VAT charges on a pro-rata basis for the time the yacht will spend in Croatia.

6. VAT for charter activities with overnight stay is 13%. Daily charters are 25%

7. All commercial yachts need to have proof of their VAT status in the EU when entering Croatia

8. When embarking guests outside the EU, all commercial yachts need to have a charter contract when entering Croatia; and when leaving Croatia they need to have an invoice of payment of Croatian VAT issued by its local VAT representative

9. When embarking guests in another EU country, all commercial yachts need to possess a charter contract when entering Croatia and a pro-forma invoice for VAT payment in that country issued by a fiscal representative in that country

10. When embarking guests outside the EU, EU charter companies can use their own VAT number for VAT payment in Croatia on a pro-rata basis

11. Non Eu commercial yachts who do not possess a cabotage license can cruise in Croatian territorial waters only between international ports, to and from shipyards, and only with crew on board

Some details are still being clarified by the Ministry regarding how certain points above will be processed and controlled, so get in touch with us if you plan to charter this year in Croatia.
Setting up a charter business in Croatia is a pretty simple, straightforward and quick process if you have a quality, professional representative.
For more info please download the below pdf file from our partner MYS and feel always free to contact us to info@yachtwelfare.it to get your dedicated estimate on costs.

VAT Guide by MYS Croatia

VAT on Spanish Charters

Please find below some important info to know about chartering in Spain:
As is well known, chartering in countries like France, Italy or Malta can benefit from really reduced VAT rates on charter fees. This is not the case in Spain. What is the reason why? Let’s find out what are the legal grounds on which this VAT reduction is based and what other implications this legal provision has.

Article 58 of EU Council Directive 2006/112/EC, VAT Directive, entitled “criterion of effective use and enjoyment”, provides that:

In order to avoid double taxation, non-taxation or distortion of competition, Member States may, with regard to the supply of the services referred to in Article 56(1) and with regard to the hiring out of means of transport:

(a) consider the place of supply of any or all of those services, if situated within their territory, as being situated outside the Community, if the effective use and enjoyment of the services takes place outside the Community;

(b) consider the place of supply of any or all of those services, if situated outside the Community, as being situated within their territory, if the effective use and enjoyment of the services takes place within their territory.

How does this affect chartering in the EU and more specifically chartering in Spain?

As the article lays down in its first paragraph, Member States may, which means this is an optional criterion which might be applied by each Member State or not. Having said this, we must distinguish what is stipulated in paragraphs (a) and (b).

Paragraph (a) – as it is clearly defined, the provision seeks to minimize VAT taxation applicable to certain services, among them the hiring out of means of transport (for instance charter), when part of the enjoyment takes place outside the Community. This provision or approach is in place in France or Italy which allows chartering in these countries to benefit from reduced VAT rates. However, this is not the case of Spain, which making use of its optional right, did not implement this provision in the internal Spanish VAT law. Therefore, chartering in Spain is subject to a flat VAT rate which does not benefit from any reduction even sailing beyond 12 nautical miles.

Paragraph (b) – the second part of the article seeks to subject to VAT certain services, which, although according to the rules on the place of supply can be understood to be provided outside the Community, their effective enjoyment takes place in the Community. This might be the case of a charter starting in Montenegro or Gibraltar, territories outside the Community, and visiting a Member State. There are certain countries which apply this approach, such as Italy. This is the case of Spain too. Spain implemented this provision in article 70.Two of the Spanish VAT law. Therefore, although not very well known, this rule is in force in Spain.

In practical terms, this would involve for instance that a charter starting in Gibraltar and visiting Spanish territory would oblige the yacht owning company to register for VAT in Spain and to pay to the Spanish tax authorities VAT on the length of the charter taking place in Spain.
Therefore, it cannot be said that the use and enjoyment provision is not in practice in Spain. It is, but unfortunately only the more burdensome part of the EU provision is applicable.

For further information, please email our Spanish referent Mr. Alex Chumillas to alex@taxmarine.com or send your inquiry to info@yachtwelfare.it. We are always pleased to assist you and remain at your disposal.
Thank you to our Spanish partner Mr. Alex Chumillas:

Temporary Admission in Spain

The temporary admission procedure laid down in article 250 of the Union Customs Code – Regulation (EU) No 952/2013, which came into force on 1 May 2016, allows non-Union goods intended for re-export to be subject to specific use in the customs territory of the Union, with total or partial relief from import duty. This procedure enables non-EU registered yachts to stay within the EU with total relief from import VAT and move freely within its territorial waters with no further customs formalities for a period of 18 months.

The relevant change compared with the existing previous situation laid down in the Community Customs Code 2913/92 and Commission Regulation 2454/93 is that it is now required for yachts arriving at an EU Port coming from an Non-EU Port to submit an oral customs declaration in accordance with article 165 of Commission Delegated Regulation 2015/2446.

There are different approaches to the situation in different Mediterranean countries, as this formality is not strictly enforced everywhere and other countries, in addition to the submission of the oral declaration, require the provision of a guarantee. Here we will provide an overview on how the process works strictly in Spain.

When an application for TA is made orally, the declarant shall submit a document as referred to in Annex 71-01 containing the following information:

• name and address of the declarant;
• description of the goods, their value and quantity;
• place of use and kind of use of the goods and means of identifying them;
• period for discharge;
• customs office(s) of discharge.

Together with Annex 71-01, the following supporting documents shall be submitted:

• Yacht’s certificate of registry;
• Passport of the yacht owner;
• Yachts owned under corporations: deed of incorporation, certificate of incumbency and passport of the company director.

When the temporary import takes place in Spain, the customs authorities will not require the provision of any security or guarantee. If the customs authorities are not satisfied that the particulars declared orally are accurate or complete, the oral declaration might be refused.
Please find below some particularities of the most relevant yacht destinations in Spain.

Palma de Mallorca – first port of arrival must be the customs port of Palma. Once the paperwork has been reviewed, the yacht can head to any other port in Mallorca. In Mallorca it is required to provide either original supporting documents or verified by a Spanish public body.

Ibiza – there is no need of arrival to a customs port. The yacht can arrive to any port and submit the declaration online to the local customs office, using the system in place in the website of the Spanish tax agency.

Barcelona – there is no need of arrival to a customs port. The yacht can arrive to any port. Photocopies of the relevant documents are usually accepted.

Although customs does not expect the submission of an export declaration to close the temporary import, evidence of having visited a non EU port will be requested in order to renew the 18-month period.

For any further information, please email us to info@yachtwelfare.it or directly contact our Spanish referent Mr. Alex Chumillas, Director or Tax Marine emailing alex@taxmarine.com.

70% of what?

Sanremo, 6th February 2017

The Convention on the High Seas (replaced by United Nations Convention on the Law of the Sea) defined “high seas” to mean “all parts of the sea that are not included in the territorial sea or in the internal waters of a State” and where “no State may validly purport to subject any part of them to its sovereignty“.

Consequently “high seas seagoing ship” means a ship other than those which navigate exclusively into the 12 nautical miles territorial waters, inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.

Resolution No.2/E, released by Agenzia delle Entrate (Italian Tax Office) on 12th January 2017, gives a clear interpretation of “high seas” not only in relation to the technical nature of the ship but also to its fiscal aspects. In accordance to the provisions of said Resolution, a ship can be qualified as a “high seas seagoing ship” if she has performed more than 70% of the voyages sailing the “high seas” in the past calendar year.

If the ship effectively met this specific condition (voyages > 70%), she is qualified to benefit of the VAT exemption according to Article 8-bis, which meets the provisions of Article 148 points a), c) e d) of the EU Directive 112/2006/CE, stating that the VAT exemption regime can be applied to those commercial operations done by vessels “used for navigation on the high seas and carrying passenger for reward or used for commercial purposes (including the Charter activity), industrial or fishing activities”.

Official proofs and documents needs to be provided to attest that the ship really performed more than 70% of the voyages sailing the “high seas”.

Therefore Italy really seems about to follow in the footsteps of France with its law from 12th May 2015, better known to all as BOFiP (the French regulations governing VAT exemption).

For what is closely related to the Yachting and Charter industry, the hereinbefore mentioned commercial operations can be quickly summarized in the following points:

a. purchase of goods and provisions
b. purchase of fuel and lube oil (bunkering)
c. purchase of spare parts, machineries and equipment in general
d. repair and maintenance works on board

Despite the Italian Tax Authorities have provided clear information they didn’t provide complete ones. In fact there’s still plenty of grey areas and perplexities such as the way to calculate the 70% (time or number of voyages?), which documents and proofs can be considered as “official”, etc.
The most involved Italian fiscal representatives are now working hard to collect all the necessary info which will be shared with you as soon as possible.

For any additional info please call or email us to info@yachtwelfare.it. We remain at your disposal.

 

DOWNLOAD

Resolution-2E (Original)
YW News 2017-01 (pdf)