Italian Yacht Berthing and Cruising Tax Causing Concern

While many megayacht owners worldwide were preparing for their holiday breaks, the Italian government was signing a new yacht tax into law. While the law is intended to help compensate for the country’s economic troubles, many marine-industry organizations fear it will impact megayacht charter and cruising tourism in the region.

The tax, which impacts any yacht cruising in Italian waters, yachts merely stopping in Italy, and ones that berth there, was approved on December 22. It is part of Prime Minister Mario Monti’s austerity budget, nicknamed “Save Italy.” Monti called for, and the Italian parliament approved, a number of cuts and taxes to help shore up the economy. Italy is the eurozone’s third-largest economy, and it has seen a lack of economic growth for nearly 10 years. In addition, its debt-to-gross-domestic-product ratio is so high that the country is at risk of defaulting on loans. “Without this package, we think that Italy would have collapsed, that Italy would go into a situation similar to that of Greece,” Monti told journalists before presenting the austerity package to the Italian parliament.

The yacht-berthing and yacht-cruising tax is set to go into effect on May 1, just as the summer charter and cruising season is beginning. The tax will be levied on a per-day basis based on LOA, starting at about 33 feet (10.01 meters). The larger the yacht, the larger the monetary amount. They’re hefty sums in total when you consider many chartering megayachts and private megayachts spend at least a week at a time in Italian waters. For megayachts, the rates are:

  • 90 Euros (approximately $116) per day for vessels from 78’8” to 111’5” (24.01 to 34 meters)
  • 207 Euros (approximately $268) per day for vessels from 111’6” to 144’3” (34.01 to 44 meters)
  • 372 Euros (approximately $482) per day for vessels from 144’4” to 177 feet (44.01 to 54 meters)
  • 521 Euros (approximately $675) per day for vessels from 177’2” to 209’10” (54.01 to 64 meters)
  • 703 Euros (approximately $910) per day for vessels measuring more than 209’10” (64 meters).

There are some exceptions to these taxes, including an exemption for megayachts undergoing refit on land or in dry dock. Yachts that are five years old or older receive 15-percent and higher discounts. And, all sailing yachts receive a 50-percent discount.

Regardless, a number of marine organizations are lobbying the Italian government in an effort to amend the law. Federagenti, which represents more than 50 megayacht-oriented firms (mostly yacht agents and yacht brokers), is among them. Federagenti supports the Italian government’s desire to secure the economy, but it argues that the tax will have ramifications for marinas, fuel service firms, repair yards and service agents, provisioning companies, and tourism-related businesses. It is therefore joining the Italian marine-industry association UCINA and other industry groups in requesting that the tax be levied on ownership rather than days spent in Italian waters. Federagenti and the other groups are also requesting Italian-flagged yachts solely be subjected to the tax, and all charter yachts be exempt.

UPDATE, MARCH 1, 2012: Several reports out of Italy state an amendment to the law has been proposed. The law would subject just Italian-owned yachts and any yacht carrying Italian guests to the tax. The specifics:
• Italian owners will now be required to pay an annual fee, not daily, based on LOA. This applies regardless of whether the yacht is kept in Italy and regardless of flag.
• Any yacht, regardless of the flag, that hosts Italian guests will be beholden to the tax, unless proof is furnished that the owner (a non-Italian national) is onboard and that they are guests of that owner, not paying passengers.

Fulvio Luise, president of Federagenti, says, “The legislative process has not yet concluded, however with this important normative passed, we sincerely hope that it will be officially confirmed shortly. This will allow us to compete on an equal playing field with other countries in the Mediterranean for this important sector of the yachting market, and to continue to promote one of the most valued aspects of our country, nautical tourism. It will be necessary to wait for clarification on a few aspects of the law, in particular how this tax will be applied to leasing and the charter market and for foreign flagged vessels who have Italian citizens onboard.”

UPDATE, APRIL 5, 2012: The amendment officially passed, stipulating that the berthing tax will only be applied to Italian citizens who own a yacht, regardless of where she cruises and which flag she flies. Foreign citizens who own a vessel are exempt from this tax, regardless of their length of stay in Italian waters. Luise says that he and others in Federagenti have seen several charter brokers restore Italian itineraries to their offerings, since there is no longer a concern about non-Italian clients wishing to avoid the tax.

SeaNet Fractional Yachts Creates International Fleet With Benetti

SeaNet Fractional Yachts, which for eight years has been operating solely within the United States, is going international. Specifically, its new SeaNet International Fleet Program will have a handful of Benetti Delfino 93 megayachts available in the Caribbean, the Bahamas, Mexico, and the Med.

Michael Costa, president and CEO of SeaNet Fractional Yachts, sees the SeaNet International Fleet Program as a natural complement to SeaNet’s existing programs. He also sees it as a way of filling the gap between megayacht ownership and megayacht chartering. Costa says some former owners who have chosen not to build again yet who still enjoy the lifestyle are sometimes attracted to fractional ownership. He also says some cruisers who infrequently charter are also attracted to it.

In either case, SeaNet International Fleet Program participants get a minimum of 50 days aboard a Benetti Delfino 93. Each megayacht—four are presently under contract, with the first expected for availability next May—is limited to four fractional owners. In addition, owners receive reciprocal rights to the other megayachts in the fleet. For example, if the Delfino 93 that a participant has shares in is heading to the Med and he or she has already cruised there, the owner can opt to use a Delfino 93 in the Pacific Northwest instead. Furthermore, just three of the four owners have usage of the yacht each month, rotating in priority. This way, Costa says, each owner has a chance to book first while another has time away for other leisure pursuits.

Booking is simple. A concierge handles all calls, even suggesting itineraries. Costa says the goal is for shareholders to feel and be treated just like a full owner. Another benefit of the program: Yachtique, a division of Fraser Yachts, is handling yacht-management services.

If you’re not familiar with the Benetti Delfino 93, the megayacht has accommodations for 10 to 12 in the owner’s party. (The larger of the two groups are taken care of via pullmans in two of the four guest staterooms, more suited to children.) Costa says that the first Delfino 93 in the SeaNet International Fleet Program will have more of a beach-house look than the megayacht shown here. However, she’ll have the same open saloon and dining area, plus a sundeck with a hot tub, sunpads, and a bar. Top speed is about 14 knots, according to Benetti.

Shares in the SeaNet International Fleet Program start at €1.735 million (about $2,346 million). Operating expenses are additional.

International SeaKeepers Society Accepting Yacht Donations

The International SeaKeepers Society is akin to many charitable organizations these days, in search of new ways to keep donations coming in. Yacht owners with craft ranging from speedboats to megayachts can now donate their vessels to SeaKeepers, via the IRS’ sanctioned donation process.

SeaKeepers is working with Jeff Fraser, the former vice president of the Tradewinds Foundation for Cerebral Palsy, to help owners and their representatives take the necessary steps. It’s the ideal pairing, considering that Tradewinds, a nonprofit organization as well, was created by a boat owner. Founder David Abelove decided to establish boating programs for at-risk children and adults as well as to raise funds for cerebral palsy in 1997 after donating two of his boats to cerebral palsy organizations. For the past several years, Tradewinds has been buying (and selling) boats through one IRS process, termed bargain sale. It reportedly has averaged more than 100 donations per year.

SeaKeepers has already received a yacht as a donation and is in discussions with the owners of a few more boats and megayachts, ranging from a 36-footer to a 138-footer (11-meter to 42-meter).

If you’d like to make a donation yourself, first speak with your legal and financial advisors. The IRS requires various documentation showing ownership details, for example. You’ll also need documentation outlining the value of your yacht. Note that if you have had your yacht for sale, SeaKeepers adds that “any yacht broker involved in a donation transaction must receive unparalleled courtesy and full compensation.” Ultimately, SeaKeepers wants every party involved in the donation to be informed and satisfied with the donation.

For further details, email Jeff Fraser.