Prepared by Francesco Pizzo, Lorenzo Ontano and Stefania Lolli
With the Act no. 151377, published on June 15, 2021, the Italian tax Authorities approved the form related to the declaration of the use of leasing, including financial leasing, rental and similar services not for short terms in the EU territory, of pleasure boats and the navigation on the high seas, for the purposes of non-taxable VAT pursuant to, respectively, articles 7-sexies and 8-bis of the Presidential Decree no. 633/1972.
Pursuant to article 1, paragraphs 708 – 712 of the Budget Law 2021 (i.e. Law no. 178/2020), the person who would like to carry out the supplies of goods and provisions of services related to the boats used for the navigation on the high seas pursuant to article 8-bis of the Presidential Decree no. 633/1972, and the users who would like to carry out provisions of leasing, including financial leasing and similar services not for short terms of pleasure boats pursuant to article 7-sexies, paragraph 1, let. e) bis of the Presidential Decree no. 633/1972, without the payment of the VAT, have to meet the conditions required by the provision, through the relevant declaration form.
The above mentioned declaration form and instruction for the relevant filling in and submission are available on the website of the Italian tax Authorities.
The declaration form consists of the following sections:
- The front cover, in which the following information must be included: personal data of the declarant (that sign the declaration) or the personal data of his representative; the protocol number of the supplementary declaration; the commitment to electronic submission.
- The section A, through which the percent of actual use in the territory of the European Union of the services of leasing, including financial leasing, rental and similar services not for short term by users of pleasure boats is certified. The declaration could be prior, indicating the relevant year, or final, in which the protocol number of the relevant prior declaration (if any) must be indicated.
- The section B, used to certify that the number of the trips on high seas is higher than 70 per cent of the previous year in respect to the year in which the operations indicated in the article 8-bis, paragraph 1, of the Presidential Decree no. 633/1972 have been carried out, or, in the case of the first use, the intention to carry out more than 70 per cent of trips on the high seas in the current year in order to benefit of the option to carry out purchases and imports without the payment of the VAT.
Moreover, this section is used to certify the possession of the documents required in order to prove the navigation on the high seas.
The declaration has to be electronically submitted to the Italian tax Authorities. The latter issues the relevant electronical receipt in which the protocol number of the submission is indicated. The declaration may also cover several transactions between the same parties.
The details of the protocol of the declaration’s submission have be indicated in the invoices issued based on the relevant declaration or have be indicated by the purchaser on the customs declaration.
With reference to the starting date, the declaration can be submitted from July 15, 2021, even if the operations for which the provisions of the paragraph from 708 to 710 of the Law no. 178/2020 on the basis of the submitted declaration are those for which the invoice date starts from the 60th day following the adoption of this act, i.e. from August 14, 2021.
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