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regolamento bonus sire - aste sga

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Under article 25 bis of Presidential Decree no. 600, of 29/9/73, a tax withholding of 23% is due on the<br />

amounts payable as sales commissions (excluding entry fees, forfeits and penalties) by any person who, in carrying<br />

out a business, purchases or repurchases a horse at auction. Such withholding is to be calculated on 20%<br />

of the taxable amount due to S.G.A. (example: taxable sale fee set forth in S.G.A. invoice Euro 300,00, 20% equal<br />

to Euro 60,00, 18% of 23% of Euro 60,00 = 13,80, tax code 1038).<br />

Agricultural Businesses whose owners are a physical individual are exempted from effecting the tax withholding.<br />

We would remind you of the provisions of law in force on tax withholdings.<br />

With the entry into force of the new provisions on unified payments (taxes and contributions), payments of<br />

the tax withholdings must be effected by utilizing Form F24, payable both at banks and at post offices. Euro<br />

1 is the minimum payment for each individual tax, even following rounding offs.<br />

Art. 10 – MINIMUM SELLING PRICES<br />

The minimum selling price is Euro 1.000. The principal may establish a reserve price, or the minimum price for<br />

which the horse may be sold, exclusively in writing on a form to this effect, to be delivered to S.G.A.’s office,<br />

which will issue a copy of it, and this may be done up to 30 minutes before the horse being put into the ring<br />

for sale.<br />

Art. 11 – LIABILITY FOR DAMAGES<br />

Until the time they are sold, the horses being auctioned shall remain the property of the principal. S.G.A. cannot<br />

be held in any way liable for accidents or illnesses or damages of any nature which may be caused to the<br />

horses or caused by them to third parties, both within and outside the premises where the sale takes place.<br />

Any risk shall remain charged to the principal.<br />

Should the buyer not take possession of the horse when it leaves the ring, it shall be returned by the principal<br />

to his own box, but the buyer or his principal shall be solely responsible for its custody and care.<br />

The principal is, in any event, obliged to ensure that his representatives will be in attendance for two hours after<br />

the end of the Auction Sale. Once this time has elapsed, he may leave the complex giving notice thereof<br />

to S.G.A.’s Office,<br />

Within two hours of the purchase, the buyer, holding the document indicated in article 12 below, shall alternatively:<br />

a) collect the horse purchased<br />

b) communicate that he has taken custody of the horse purchased to the S.G.A. Office at the stabling block<br />

c) ask S.G.A. to feed the horse for the following 24 hours, after having signed an appropriate indemnification<br />

form, adding lodging expenses for any following extra day.<br />

Art. 12 – PAYMENT BY THE BUYER<br />

All sales shall be intended as completed when the lot is sold at the drop of the hammer “in cash”. Any other<br />

form of payment must be agreed in advance with S.G.A.. Without any written deal, pre-emptively agreed, the<br />

payment is intended at the drop of the hammer “in cash”.<br />

It is S.G.A.'s final opinion to decide to accept or not personal cheques.<br />

After the lot is sold by the drop of the hammer, the buyer must sign the purchase confirmation form which<br />

shall contain the fiscal information necessary for invoicing. S.G.A. has the the hability of request a identification<br />

document.<br />

If, but anyhow before and not after 8 days from the date of the sale, is requested a change of the holder of the<br />

invoice, this change has to be accepted in written by the new holder and by S.G.A.. The purchaser remain however<br />

responsable with the new holder.<br />

Should the buyer not respect to make the payment, the principal will be entitled to take enforcement action<br />

directly and exclusively against the buyer.<br />

The horse may be collected from the auction premises only upon presentation of the purchase confirmation<br />

form countersigned by S.G.A..<br />

S.G.A. may refuse to countersign the purchase confirmation form and forbid to take away the horse, in case<br />

that the purchaser omit to pay immedately the payment of the price of the horse and/or of the auction fees,<br />

or whether the purchaser has not made with S.G.A. any written payment deal, pre-emptively agreed.<br />

All payments has to be done by S.G.A. who will issue the invoice for the purchase price and for the auction fees.<br />

All payments must be effected through S.G.A.. In case of delay of payment interests shall accrue calculated<br />

from the date of the invoice until the day when the payment is done in the amount of the rate B.C.E. increased<br />

by 7 points as provided for the art. 5, comma 1° of D.Lgs. n. 231/2002.<br />

In any case, after 60 days from the date of sale, so in the case wherein extension of payment as been accep-

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