The Notified Regime

Pursuant to art. 155, par. 1, of the TUIR, a maritime transport company resident in Italy that manages its own ships, as well as charterers performing maritime transport activities subject to IRES in Italy, can opt for the application of the Tonnage tax for a period of 10 years. In the case of an entity part of a corporate group, the choice to enter the notified scheme necessarily covers all the eligible vessels of that group.

Eligible vessels must carry out commercial activities which are registered in the EU/EEA and must fly an EU/EEA flag (see DM 299/2023 and recitals no. 5 and 16 of the Commission Decision C(2018) 2074 final).

The peculiarity of this regime lies in the specific method of determining the taxable base, which is computed on the basis of the net tonnage of company's fleet, with the tax base ratios established based on the net tonnage of each vessel of that fleet.

As a result, the tax only depends on the tonnage of the fleet operated, irrespective of their actual profit.

Prejudicial amendments to the extension

In order to obtain the EU Commission's approval for the extension of the tax relief regime known as the Tonnage tax from 2024 to 2033, the legislator introduced certain amendments to Title II, Chapter VI, of DPR 917/1986 (TUIR) through art. 19 ...