argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: VAT - leasing

In press release 8 November 2018, the European Commission announced that it has opened an infringement procedure against Italy for alleged illegal tax breaks for yachts. The Commission intervened following the revelations of the “Paradise Papers” and the subsequent investigations and contacts initiated with the individual Member States. The complaints made concern, in particular, the lack of proper collection of VAT on yacht leasing and the illegal regime of exemptions for fuel used for propulsion of charter yachts within EU waters, to be considered as a preferential tax treatment for private boats and aircraft in contrast with the common tax rules, which significantly distorts competition in the maritime and aviation sectors. It is emphasized that the Italian legislator did not comply because, for the purposes of reducing the VAT rate to be applied if the boat is leased, it has established that the criterion to be adopted is that of the size of the vessel, i.e. the more the boat is so big that it is less likely to be used within the territorial waters of the European Union. Moreover, even if the boats are used for mere personal purposes, Italy grants the possibility to classify the rented pleasure boats in order to be able to use fuel exempt from the excise duty related to the power supply of the engines. Italy has two months to reply to the disputes; if it does not comply with the opinion of the EU Commission, the latter can refer the case to the Court of Justice of the European Union.