The EU Commission has issued a press release warning that it would take further steps to end illegal tax breaks in the yacht industries of Italy and Cyprus, first brought to light in the Paradise Papers leaks.
The EU Commission refers Italy to the European Court of Justice due to their refusal to reform tax legislation on fuel duty exemptions for charter yachts operating in EU waters.
Furthermore, the Commission decided to send reasoned opinions to Italy and Cyprus for not levying the correct amount of Value Added Tax (VAT) on the leasing of yachts.
According to the European Commission, as of today, the Italian tax law is formulated in a way that every pleasure craft receives commercial status, even if they are intended for personal use.
Although exceptions are applicable on vessels outside the EU waters, fixed rates should not be reduced unless the evidence that the services are actually provided outside the EU is presented.
The statement concludes:
If Cyprus and Italy do not act within the next two months on these reasoned opinions, the Commission may decide to bring the cases before the Court of Justice of the EU.
The press release makes references to the Commission’s attempts to tackle ‘tax avoidance and tax evasion’ and ‘VAT fraud’. It also states that all EU Member States would benefit from uniformity of VAT legislation and application.
According to SuperuyachtNews interview with Ezio Vannucci, of Viareggio-based law firm, ‘if a Member State fails to ensure compliance with EU law, the Commission may then decide to refer the Member State to the Court of Justice. If the Court rules against a Member State, the Member State must then take the necessary measures to comply with the judgment.
Meanwhile, ‘Italian VAT law will remain fully in place until the final step of a decision of the infringement’s. It’s also important to point out that the formal Notice of last November and the new ‘reasoned opinion’ of the Commission, of July 2019, is not referring to the Italian leasing scheme.’
In March 2019, Cyprus has already received a warning to review VAT legislation on superyachts acquisitions, along with Greece and Malta.