post taggato come ‘fuel’

VAT FOR FUEL CONSUMED ON CHARTER

Luglio 27th, 2016 | Senza categoria | Commenti disabilitati su VAT FOR FUEL CONSUMED ON CHARTER

 

Further to our news on 28th June and 1st July, with specific regards to the legal advice provided to MYBA by the Italian Tax Office, Yacht Welfare has summarized into a chart all the possible scenarios (concerning Italian charters) explaining how to charge to the charterer the fuel and lube oils consumed during the charter. We thank you our proud partner WeBunker (www.webunker.com) for the valuable collaboration provided. Please download here the YW VAT_Bunker
For more info please email to info@yachtwelfare.it or heinz@webunker.com

 

DOWNLOAD

MYBA Legal Advice (Original)
MYBA Legal Advice (ENG Translation)
YW VAT_Bunker

IMO NATIONAL CONTACT POINT LIST

Luglio 19th, 2016 | Senza categoria | Commenti disabilitati su IMO NATIONAL CONTACT POINT LIST

 

IMO NATIONAL CONTACT POINT LIST

Updated on 30 Jun 2016
Please be advised that the updated ‘List of National Operational Contact Points Responsible for the Receipt, Transmission and Processing of Urgent Reports on Incidents Involving Harmful Substances, Including Oil from Ships to Coastal States’ was published by the IMO in MSC-MEPC.6/Circ.14 Annex 2 on 30 Jun 2016.
Vessels carrying a Shipboard Oil Pollution Emergency Plan (i.e. all vessels over 400GT) should insert the updated list in the SOPEP, to ensure ongoing compliance with MARPOL Annex I Regulation 37.2.4.
Vessels carrying a Shipboard Marine Pollution Emergency Plan, (i.e. ships of 150 gross tonnage and above certified to carry noxious liquid substances in bulk), should also insert the updated list in the SMPEP, to ensure ongoing compliance with MARPOL Annex II Regulation 17.2.4.

VAT on APA used for Fuel and Lube Oil

Luglio 11th, 2016 | Senza categoria | Commenti disabilitati su VAT on APA used for Fuel and Lube Oil

 

Sanremo, 28th June 2016

On June 26th 2016 MYBA has been replied by the Italian Revenue Office to his request of Legal Advice (Consulenza Giuridica No. 954-20/2016) in regards to the right application of VAT on APA (Advance Provisioning Allowance). The reply provided by the Tax Office just proves 2 out of the 3 points already dealt by Yacht Welfare more than 2 years earlier with its Official Petitions No. 903-13/2014 and 903-14/2014 filed with the AdE (Italian Revenue Office) on 23rd January 2014, which we hereby quickly summarize:

1. The mere transfer of APA funds from Charterer to Owner and/or directly to the Captain of the yacht is not taxable as per Art. 2, paragraph-3, letter-a) of DPR 633/1972 (Presidential Decree) being a sum of money provided by the charterer to the yacht’s Owner or Captain.

2. The portion of APA funds used by the Captain on precise instructions of the charterer to the meet personal needs of the above charterer and its guests (for instance, the purchase of food, drinks and transportation) are not subject to VAT as long as adequately recorded in the name of the charterer.

Although it is very nice that the Legal Advice (Consulenza Giuridica No. 954-20/2016) confirms the guidelines provided by Yacht Welfare since 2014, on the other hand we are considerably perplexed about the reply provided by the Italian Revenue Office in regards to point No.3 below, which substantially states that:

3. The portion of APA funds used by the Captain to meet navigation requirements, such as funds for fuel and oil for the engine and on-board systems, are subject to VAT since those amounts are an integral and variable portion of the consideration due for the charter of the yacht and subject to VAT at the same VAT rate as the charter.

In fact it is hard to understand how the Italian Revenue Office could have provided two different interpretations of VAT application to the same notion, in the case in point even providing a subjective distinction between the nature of the supplies (personal needs vs. navigation requirements), especially considering that no distinction was made in their reply to the Official Petition No. 903-13/2014 made by Yacht Welfare, in which they unequivocally informed that no VAT was due either on food/drinks and fuel supplies.
In regards to this discrepancy, WeBunker has been noticed that for the sake of clarity and to protect its Clients, Yacht Welfare will start to adopt in full the new ruling by MYBA and will prepare a new request of Legal Advice to examine and understand the inconsistency of the reply provided under point 3.

For any additional question please feel always free to email us to info@webunker.com.

New French Rules for Duty Free Fuel Bunker

Febbraio 8th, 2016 | Senza categoria | Commenti disabilitati su New French Rules for Duty Free Fuel Bunker

The following letter needs to be submitted for duty free fuel bunker in France:

VESSEL NAME

VESSEL OPERATING COMPANY NAME

SUBJECT: ATTESTATION FOR EXONERATION OF VAT ACCORDING TO SECTIONS 2°, 3°, 6° AND 7° / II OF l’article 262 du code général des impôts (CGI).

I, THE UNDERSIGNED, (SIRNAME, NAME, POSITION), ATTEST THAT THE VESSEL (FULL NAME, REGISTRY, OFFICIAL NUMBER AND/OR IMO NUMBER) SATISFY THE CONDITIONS STIPÛLATED IN SECTIONS 2°, 3°, 6° AND 7° OF ARTICLE

262 II OF THE CODE GENERALE DES IMPOTS AND CONFORMS TO THE FOLLOWING CRITERIA

– IS COMMERCIALLY REGISTERED

– HAS A FULL TIME CREW

– ENGAGES IN COMMERCIAL ACTIVITY

– IS GREATER THAN 15 METERS LENGHTH OVERALL

– LEAVES FRENCH TERRITORIAL WATERS IN AT LEAST 70% OF ITS VOYAGES DURING THE YEAR

NON COMPLIANCE WITH ONE OR MORE OF THE ABOVE CONDITIONS RESULTING IN A CHANGE IN TREATMENT OF THE VESSEL UNDER SECTION 2° /III OF ARTICLE 257 OF THE CGI WILL CAUSE THE BENEFICIARY TO BE LIABLE FOR THE VAT CONCERNED.

 

SIGNED IN: (PLACE)

ON THE: (DATE)

Signature:

 

PRINT NAME:

PRINT TITLE: (EG MASTER)

Obama’s Call for $10 Oil Tax is DOA

Febbraio 8th, 2016 | Senza categoria | Commenti disabilitati su Obama’s Call for $10 Oil Tax is DOA

President Barack Obama’s final budget will propose a $10 per barrel oil tax, investing the proceeds in mass transit, high-speed rail, urban planning, highway upgrades and self-driving cars, among other programmes.

“President Obama’s 21st Century Clean Transportation System”, outlined by the White House to reporters on Thursday, drew predictable praise from environmental groups and howls of outrage from oil producers.

But the most important thing to remember about the clean transportation plan is that it stands no chance whatever of becoming law.

Raising revenue and spending money are powers reserved to Congress by the U.S. Constitution. The president can propose but Congress decides (“Constitution of the United States”, Article I, Sections 7 and 9).

The Budget and Accounting Act of 1921 requires the president to submit a unified budget to Congress each year (“Preparation, Submission and Execution of the Budget”, Office of Management and Budget, 2015).

Before the Budget and Accounting Act, agencies sent requests for funding individually to the legislature without central coordination.

The budget last budget, for fiscal 2016, which extends through September 30, and was published in February 2015, ran to 150 pages, plus 364 pages of historical tables, and hundreds of pages more of supporting documents.

But while the president is required by law to submit a unified budget, Congress is under no obligation to enact it or even use it as a starting point for its own deliberations.

Congress jealously guards its control over taxation and expenditure and does not look to the president for leadership in this area.

The White House has difficulty getting Congress to follow its proposals even when both houses are controlled by the president’s own party let alone when they are controlled by his opponents.

The budget is therefore something of an ironic work of fiction, used by the administration to showcase ideas most of which have little prospect of becoming reality.

It sets out a vision of what the administration would like to do if Congress cooperated.

For example the table of contents from the fiscal 2016 version includes sections on “accelerating manufacturing industry growth,” “improving the farm safety net through common sense reforms,” “preparing all students for success in college and careers” and “ending homelessness”.

The budget routinely contains proposals which the administration understands have little or no chance of becoming law.

The special tax breaks available to oil and gas producers have been the subject of controversy since before World War Two (“Energy policy in America since 1945”, Vietor, 1984, pp 224-229).

The Obama administration’s first budget, published in February 2009, proposed to eliminate all the remaining tax breaks, raising an extra $31 billion in revenue between fiscal 2010 and fiscal 2019.

Every year since then, the budget has proposed to repeal these tax breaks, but seven years later they are still there.

The fiscal 2016 budget again proposed eliminating them and in the process raise an extra $42 billion in revenue between fiscal 2016 and fiscal 2025 but was not enacted (“Analytical Perspectives, Budget of the U.S. Government, FY 2016”).

The fiscal 2017 budget will almost certainly include the same proposals, which are no more likely to be enacted than in the previous seven budget cycles.

GASOLINE TAXES
The president’s proposal for a $10 per barrel tax on oil, which the administration calls a “fee”, has even less chance of being turned into law.

“The president is now apparently proposing yet another way of damage our nation’s oil industry,” Alaska Senator Lisa Murkowski, the chairman of the Senate Energy and Natural Resources Committee, complained.

“Fortunately, with Republicans in charge of Congress, Alaskans need not worry about this becoming law,” she added.

The president’s proposal is in many ways an updated version of a very old idea to increase federal taxes on gasoline and diesel as a way to raise revenue, pay for transport infrastructure and promote energy efficiency.

The federal government began collecting taxes on gasoline sales at the rate of 1 cent per gallon in 1932, increased to 2 cents in 1951, 4 cents in 1959, 9 cents in 1983, 14 cents in 1990 and 18.4 cents in 1993 (http://tmsnrt.rs/1TIzcAP).

The government also collects taxes on diesel, as well as on gasohol, compressed natural gas and other special fuels (“Federal Tax Rates on Motor Fuels and Lubricating Oil”, Federal Highway Administration, 2014).

Revenues from fuel taxes are used to pay for maintenance and improvements of highways and bridges through the Highway Trust Fund.

In most cases the rates have remained essentially unchanged since 1993 even though inflation has eroded them in real terms because it has improved impossible to reach a political agreement within Congress to raise them.

The president’s proposal for a $10 per barrel fee on oil is equivalent to an increase in fuel taxes of 22-24 cents per gallon, on top of the existing tax rates.

The proposed raise would be unprecedented in terms of both the size of the increase and the end total tax rate.

POLITICAL THEATRE
There are good arguments in favour of increasing fuel taxes to promote energy efficiency and reduce carbon emissions; the idea was supported by the former head of the International Energy Agency.

In theory, it is much easier to raise taxes when oil prices are low because the cost of fuel is less salient as a political issue.

But given that Congress has not managed to enact any increase in fuel taxes for two decades, it is very unlikely lawmakers would suddenly agree to an effective doubling of the tax rate on gasoline and diesel.

Even the administration does not appear to be taking the proposal seriously.

When asked how the tax would work, the director of the White House economic council said only that it would be paid by oil companies but not at the wellhead where oil is produced.

“We look forward to working through the details with Congress,” he said (“Obama proposes $10 per barrel oil tax”, Financial Times, Feb. 4).

The chances of a Republican-controlled Congress with close ties to oil and gas producers and an aversion to increasing taxes “working through the details” are not significantly different from zero.

The administration is well aware of all this. The president’s clean transportation plan and its $10 oil tax are a piece of political theatre rather than meant to be taken as a serious policy proposal.

Climate change is a legacy issue for the president, an area where the administration wants to show historians it made a real difference.

The clean transportation plan and oil tax are a way of burnishing that legacy and putting the media spotlight on to the administration’s climate policy.

In that sense, they succeeded. Most news outlets dutifully wrote it up and it will now be analysed in detail by policy analysts across Washington.

It could also create a marker for future discussions about increasing gasoline taxes or even introducing an economy-wide carbon tax.

But while the talk of a $10 oil tax may seize the headlines, it has virtually no chance of becoming law in the foreseeable future.

No taxation on fuel in Italy

Gennaio 26th, 2016 | Senza categoria | Commenti disabilitati su No taxation on fuel in Italy

The below advice given on 31th July by the BBD Studio in Italy, expert in taxation law and providing legal and fiscal custody of major Italian firms, strengthen the aversion to the circular note raised by the Customs Office and confirms the possibility for non-EU flagged commercial vessels to take duty free fuel in Italy. For more info please fully read the below doc. from BBD. Any additonal question can be forwarded by email to info@webunker.it and you will be replied within 24 hours time.

New WeBunker website now online!

Gennaio 21st, 2016 | Senza categoria | Commenti disabilitati su New WeBunker website now online!

Discover our new website and contact us today to get your quote for fuel and lube oil anywhere around the globe. WeBunker, your trusted fuel trader!