RIVISTA DI DIRITTO TRIBUTARIO INTERNAZIONALE - Rdti.it

M. Leo: The so-called "tonnage tax" - Possibili(v or ù1troduction imo Iral)'
typical incomes components, which the law has specifically chosen to
configurate as an alternative system of determination of the taxable base.
Another presumptive taxation mechanism is the one foreseen by Law
662/96 for small business enterprises, which do not exceed certain business
turnover levels. In these cases incomes are deterrnined presumptively
by applying coefficients to the total amount of gross proceeds.
Hence the cases in whieh the presumptive deterrnination of incorne
is possible under Ilalian tax law are today very circumscribed. However,
should our legislators consider it opportune to introduce a mechanism of
tlris type also with regard to the income taxation of shipping com pani es,
the mechanism applied would be perfectly analogous to the one already
employed in other cases (real estate and small businesses).
Presumptively detennined incorne rnechanisrn - application problerns
Having expressed this preference, we now come to the further problems
that would appear on the horizon at the ti me of an actual decision
to introduce into our tax system a new case of presumptive deterrnination
of incomes.
In the first piace, let us examine which are the components that contribute
to the formation of the taxable base, and ask ourselves whether,
apart from the tonnage tax mechanism, there exist other components that
should be included. The problem of capitai gains has already been mentioned.
In other countries, capitai gains are included in the presumptive
incomes determination method. Is this possible in Ilaly? Experience
teaches us that in our courtry capitai gains have always been kept outside
the mechanism for determining presumptive incomes. Here we need
only recall the presumptive-incomes systems designed for small businesses.
Moreover, capitaI gains are extraordinary economie cornponents
not pertaining to ordinary management and, as such, must contribute to
the formation of the taxable base in an analytical manner. Accordingly,
in my opinion, even if a mechanism of this type \Vere to be introduced,
any capitai gains on the assets relative to shipping enterprises (and naval
vessels in particular) should be subject to taxation in the ordinary manners
in accordance with the rules foreseen in Art. 54 of Income Tax Consolidation
Law No. 917/86.
In Italy - in contrast with what occurs in Greece - a mechanism of
this type cannot be introduced on an obligatory basi s, but only as an option
in relation to the ordinary system of analytical taxation of incomes,
because otherwise il would be contraI]' to the constitutional principle of
RIVISTA DI DIRITTO TRIBCTARIO INfERNAZIONALE 3/2001