Nautical leasing and navigation on the high seas, the Ag provision arrives

Nautical leasing and navigation ‘on the high seas’, the new legislation is completed with the directorial provision of last June 15 of the Revenue Agency which governs the “User Declaration”. “The Revenue Agency has defined the telematic model for declarations of use of pleasure craft in nautical leasing (or in non-short-term leasing and rental) and in commercial navigation (rental) on the high seas, for the purpose of determining – respectively – the tax base and the non-taxability of the services, pursuant to art. 7-sexies and art. 8-bis of Presidential Decree 26 October 1972, n. 633. The provision implements the provisions contained in the budget law 2021, art. 1, paragraphs from 708 to 712, of law n. 178 of 30 December 2020, which follow the new discipline identified by the Directorial Provision of the Revenue Agency of 29 October 2020 “. This was announced by Assilea and Confindustria Nautica who expect positive impacts on the market and on the supply chain. In particular, the introduction of the telematic declaration of the shipowner / user from the private unit about the navigation carried out outside Community waters and of the telematic declaration of the owner / user of the commercial unit on rental about the percentage of trips made in “High seas”, excludes liability with respect to the identification of the tax base, in the first case, of the leasing company (or leasing and rental) and, in the second case, of the construction site of the unit and the suppliers of goods and services . The liability of the lender / supplier of goods and services, in fact, is limited to the correct notation on the invoice of the data of the navigation declaration made by the owner / user. A preventive declaration is envisaged, on the basis of which the tax base to be used for invoicing is established, followed by a declaration at the end of the year, through which any changes can be made. With regard to nautical leasing (or non-short-term rental and leasing) it is not mandatory to have submitted a prior declaration to be able to communicate the navigation carried out in the final balance. for commercial activities pursuant to art. 8-bis the declaration is also admitted in the presence of situations of discontinuity of use of the unit during the year, for example due to transfer of ownership, in relation to the interim period of competence of the new shipowner, owner or user. The declaration is presented through the Entratel / Fisconline electronic channels of the Revenue Agency, directly by the shipowner / user of the unit, or through an authorized intermediary, using the software called “declarazionenautica” available free of charge on the website www.agenziaentrate. it. The aforementioned provisions are applicable to operations for which the date of the relevant invoice runs from 14 August 2021 while the prior declaration of the owner / user can still be transmitted electronically as of 15 July 2021. “We have worked for a long time with the Agency of Revenue to carry out a reform of the matter that was in compliance with the constraints imposed by the EU Commission, but took into account the specificities of this market, the location, even geographic, of Italy, the value of the Italian shipbuilding industry and employment impact of its supply chain, of competition from non-EU countries ”, said Saverio Cecchi, President of Confindustria Nautica. “Our goal is to protect the permanence of boats on our coasts and in our ports as much as possible, also for the benefit of the same tax revenues.” “Lease is for many sectors the vital tool for development, investment, technological renewal and international competitiveness. Boating is no exception, with 90% of turnover developed through nautical leasing, which effectively contributes to the world leadership of our shipbuilding industry and to the success of the Genoa Boat Show, where in recent years there has been a peak in stipulations ” , comments the President of Assilea, Carlo Mescieri. “The new legislation allows, finally, to separate the tax liability of the user from that of the leasing company and this can only do well to a market progression”. Assilea and Confindustria Nautica express their heartfelt thanks for the attentive listening and sharing to the Director of the Revenue Agency,. Ernesto Maria Ruffini, the Deputy Directors Paolo Valerio Barbantini – Head of Taxpayers Division – and Paolo Savini – Head of Services Division – and all their respective structures.