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VAT authorities are leading from the end of 2008 a pan-European initiative in the process of compiling a report on VAT and superyachts, and the numbers are big. The total value of yachts investigated across the EU amounts to over Euros 11 billion, the owners and companies involved in some 300 super yachts across 11 EU member states have already been found to be in violation of the countries' VAT legislation. The various tax authorities and customs services involved in the exercise carried out 322 investigations into 225 transactions. In addition to the Netherlands and France, the joint initiative was assisted by 10 other member states, including Belgium, Denmark, Germany, Ireland, Italy, Luxemburg, Malta, Spain, the United Kingdom and Portugal. In all 150 people were involved in the probe. The complete operating chain (from yacht builders, dealers, managers and agents, up to the end user) was closely scrutinised during the investigation.
Now, stop trying to play games: all international Operators know very well that the "VAT exemption" regime doesn't apply when a Commercial Yacht ("mean of transport" or "qualifying ship") operate under Charter Agreement into other EU Member States territorial waters. And all Operators know very well that the "VAT exemption scheme" it's applicable only to private-Owners without VAT registration.
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The word "Broker" means the duly licensed broker who acts as Indipendent Business Transaction Intermediary serving both Owner and Charterer in the closing of the Charter Agreement.
In Italy:
1) who act as “broker” shall hold the qualification of “Mediatore Marittimo” (as per italian Law n. 478/1968) and shall be enrolled in the “Register of Ship & Yacht Brokers” hold by local Chamber of Commerce; all ISYBA Members are duly licensed brokers (“Mediatori Marittimi”).
2) some italian operators that don’t hold the qualification of “Mediatore Marittimo”, and act illegaly as “broker”, are astonishingly listed as MYBA Members in order to obtain fraudentely a sort of “lobby protection” and “false reputation” on the market.
3) only a “Mediatore Marittimo” may be appointed as “Stakeholder” in order to hold and manage Charterer’s funds accordingly with the provision of the Agrement.
Definitions
a) “Broker” means the duly licensed broker who acts as Indipendent Business Transaction Intermediary serving both Clients in the closing of a transaction. The Broker may be appointed as "Stakeholder" in order to hold and manage Purchaser's or Charterer's funds accordingly with the provision of the Agrement.
b) “Central Agent” means the agent appointed by the OWNER that has legal authority to offer for sale or charter the vessel. Acting in the sole interest of the Owner, the Central Agent may not be appointed as "Stakeholder" in order to hold and manage Purchaser's or Charterer's funds accordingly with the provision of the Agrement.
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