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January February 2020 Marina World

The magazine for the marina industry

MARINA LEASES 10%

MARINA LEASES 10% regional tax – so, over €400,000. Since 2007 we’ve paid €3,600,000 as well as extra charges, penalties and surcharges. We have, of course, made every possible appeal but until a law is passed that excludes marinas with pre-2007 contracts we are blocked and at risk of failure.” To add to the problem, since 2002 concessionaires have also had to pay a municipal tax (the IMU) on buildings for the entire length of the concession. Some marinas – such as Marina di Varazze, Porto San Vito in Grado and, most particularly, Porto Carlo Riva in Rapallo – have escaped the lash but others have had to fight. Marina di Punta Ala, Cala de Medici, Marina Scarlino and many others in Tuscany have succeeded in obtaining reviews. “We gave various reasons in our dispute, the Constitutional Court and the TAR (regional administrative court) have proved us right. Accordingly, the municipal administration issued new orders according to lower criteria, but different from those of the concession release in 1976,” says Marco Conti, director of Marina di Punta Ala. Giorgio Casareto, director of Marina di Varazze, confirms that fee increases were made but the marina took action in the civil court and the TAR. As a result, the fee was reduced. “Maybe, like others, we have pushed proceedings in the right direction,” he says. The Mediterranean market needs top class, well maintained marinas and constant investment is required if marinas are to continue to attract visitors, serve the core business of the 10-20m (33-66ft) boat, welcome superyachts and respective year-round crews, and continue to dominate the world charter market in their sector. In Italy, tourist ports have needed regulatory clarifications for a decade, they’ve been penalised by a crisis in nautical tourism and by a state administration with accountancy problems. Roberto Perocchio sums up the situation: “Further to a ministerial decree in 1998 that favoured the construction of marinas, from the 1990s to the early 2000s the Italian Government has accepted investor’s proposals to build on state-owned land and defined this with formal concession deeds that contained a fixed and indexed fee, to be paid until Marina di Varazze has escaped the penalty of hiked fees. the end of the concession. State fees were modified in the 2007 budget for marinas and tourist ports with existing contracts.” “This has been disputed with success but several marinas are still in legal proceedings despite having won first and second judgements. This can still mean six or seven years of waiting before the end of the dispute so they don’t know what renovations to do,” he explains. Although there are some areas of clarification, the Mediterranean doesn’t have uniform policies and this is even more pronounced in Italy where medium and long term policies for recreational boating are lacking despite the overwhelming importance of the nautical industry. “Politicians should start thinking of yachts as privately owned masterpieces and not just the assets of possible tax evaders,” asserts Luciano Serra, president of Assonat – the National Association of Landing and Tourist Ports. “There has been no concrete dialogue regarding stateowned concessions. Furthermore, the previous government gave a 15 year deadline for the reform of state property concessions and it is unclear whether this applies just to bathing establishments or also to marinas. In certain regions the rule is applied to marinas and in others it’s not.” Marina di Rimini has been severely affected, its pre-agreed contract has been overruled and increased fees have run into several million euros. 34 www.marinaworld.com - January/February 2020

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