The inquiry pertains to the interpretation of the term “utilizzo” (use) for the application of Article 7-sexies, paragraph 1, letter e-bis of Presidential Decree 633/1972, concerning recreational boats. In summary, ALFA, referred to as the “Applicant” or “Company,” is a simple partnership that has entered into a nautical leasing contract for a pleasure yacht of approximately XX meters for exclusive private use. The contract spans 60 months, with an initial maxi-rental fee of 40% of the financed amount, followed by 59 monthly rental payments.
According to the regulation, three conditions must be met for territorial relevance in Italy:
The boat must be physically available in Italy.The service (financial leasing) must be provided by a taxable entity in Italy.The boat must be used within the European Union (EU).Non-use applies when the boat is used outside the EU territory, but only for the weeks of “actual use” in that region, supported by appropriate evidence. The definition of “utilizzo” in this context aims to distinguish between EU and non-EU use based on movement between ports.
In cases where the boat is stationed in Italy or another EU country, either docked or stored on land, it qualifies as EU use, except when undergoing maintenance or technical issues preventing actual enjoyment.
The proposed interpretation of “utilizzo” would link VAT payment to the lessee’s usage, potentially varying with access and seasonal factors.
Source: agenziaentrate.gov.it
