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RIVISTA DI DIRITTO TRIBUTARIO INTERNAZIONALE - Rdti.it

RIVISTA DI DIRITTO TRIBUTARIO INTERNAZIONALE - Rdti.it

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A. S. Bergantino: Tonnage tax: the Italia n proposal al1d the European experiences<br />

Employrnent too - both direct and indirect - has been significantly on<br />

the rise: in the Netherlands, where measures to promote employrnent in the<br />

sector were first introduced and where the regime can be adopted only if a<br />

substantial part of the management and control activ<strong>it</strong>ies are carried out in<br />

the country in question, there has been a 205% increase in direct employment<br />

and a 23% increase in indirect employment. In the Un<strong>it</strong>ed Kingdom,<br />

where the c<strong>it</strong>y of London is the world leader for mar<strong>it</strong>ime financial service,<br />

the increase of indirect employrnent has peaked to 25%. In Norway, owing<br />

to well-aimed policies and to a process whereby the working at sea has been<br />

widely promoted through marketing campaigns, there has been a 23% increase<br />

in the number of cadets enrolling at mar<strong>it</strong>ime training schools.<br />

Last but not least, the increase in the orders of new ships in ali the<br />

countries considered w<strong>it</strong>h the exception of the Un<strong>it</strong>ed Kingdom - where,<br />

however, the shipbuilding industry has practically disappeared - has been<br />

particularly significant.<br />

As mentioned earlier, though the reported percentages are to be considered<br />

in the light of the pre-existing s<strong>it</strong>uation and taking into account<br />

that the tonnage tax has, in generai beeen accompanied by the introduction<br />

of other incentive measures, indications are that the new tax regime<br />

has noticeably improved the overall cond<strong>it</strong>ions of the industry.<br />

5. Main features of the Italian proposal and open issues<br />

In Ilaly, the Bililays down the following:<br />

- the tonnage tax should be fixed in accordance w<strong>it</strong>h the Commun<strong>it</strong>y<br />

guidelines on state aid to mar<strong>it</strong>ime transport and w<strong>it</strong>h the terms of implementation<br />

required by similar regimes set up in other member states;<br />

- the tax should be based on a fixed tax system for each net register<br />

ton and that different classes of tonnage should be identified;<br />

- the un<strong>it</strong>ary rate per ton should be decreasing in total tonnage;<br />

- the option should be irrevocable for a minimum period of five years.<br />

A trasfer pricing regime is also provided for w<strong>it</strong>h respect to transfers<br />

of goods and services among companies electing into the lump-sum<br />

regime and companies which do not.<br />

A number of aspects of the outline presented above are w<strong>it</strong>h no doubt<br />

to be appreciated: the reference to Commun<strong>it</strong>y legislation, the provision<br />

regarding the optional nature of the new regime, the antiavoidance measures<br />

and the ring fencing solutions proposed therein.<br />

However, some features of the provision as formulated in the Bill need<br />

carefully scrutiny in a number of respects, and, might possibly require slight<br />

adjustments already during the Parliament scrutiny (Bergantino, 2002).<br />

<strong>RIVISTA</strong> <strong>DI</strong> <strong>DI</strong>RfITO <strong>TRIBUTARIO</strong> <strong>INTERNAZIONALE</strong> 312001

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