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04/06/18 12:58

VM18: types of works prohibited to under 18 in operations on board fishing vessels

Studio TCL illustrates the contents of the Administrative order issued by the Ministry of Labour and Social Affair. From the Ministry of Economy and Finance a decree on the guidelines for the application of the provisions on Transfer Pricing

The Administrative order issued by the Ministry of Labour and Social Affairs on April 27th and published on the Official Journal n. 114 on May 18th 2018, lists the types of works undertaken on board merchant and fishing vessels which are prohibited to young persons under the age of 18, as reported on attachment A of the order and listed here below:

a) lifting, handling or transport of cargo or heavy items;

b) work inside boilers, tanks and watertight compartments;

c) exposure to high noise levels or vibrations;

d) making use of lifting devices and other equipment or power-driven machineries or sending alerts to operators about these equipment;

e) making use of mooring or tow cables or anchoring equipment;

f) all equipment in general (lashing and rigging);

g) work on masts or main deck in bad weather;

h) undertake night surveillance service;

i) electrical equipment maintenance;

l) exposure to potentially hazardous materials or harmful physical agents, such as hazardous or toxic substances and ionising radiation;

m) kitchen equipment cleaning; 

n) handling and responsibility on lifeboats;

The aforementioned occupations, outlined by the joint commitment of the Ministry of Labour and Social Affair, the Ministry of Infrastructures and the Ministry of Health, are listed among the so called “works which are harmful to the health and safety of persons under the age of 18”, which are in fact prohibited to under 18.

We should take into account that art. 1 comma 2, notwithstanding comma 1, pinpoints that the jobs listed in attachment A “can be undertaken by persons under the age of 18 exclusively for unavoidable educational and vocational training under the supervision of a skilled instructors specialised in prevention and protection in compliance with the existing safety and health regulation”.

Comma 2 states that persons under the age of 18 are allowed to undertake such activities only in case they are essential for vocational training or education purposes and provided that a qualified instructor would supervise operations.

Finally, it is mandatory that these workers are registered on the Seafarers Registry, and, being under the age of 18, parental authorization is required.

 

Stefano Quaglia,Chiara Vurruso

PKF - Studio TCL Tax Consulting Legal

Genoa – Milan

 

Transfer Pricing 2018: Guidelines contained in the Decree of 14 May 2018

 

The Decree of May 14th containing the guidelines for the application of the provisions on Transfer Pricing was published in the Official Journal n. 118 of May 23, 2018.

The decree identifies the requirements to apply transfer pricing:

- the subjective requirement is linked to the presence of "associated companies" (ie the resident company and the non-resident companies) when one of them directly or indirectly participates in the management, control or capital of the other one, or if the same subject participates, directly or indirectly, in the management, control or capital of both companies;

- the objective requirement is represented by the presence of "controlled transactions" (ie transactions between associated companies).

According to art. 110 c. 7 TUIR, cross-border transactions between associated companies must be valued according to the principle of free competition, applied for each transaction.

However, if an associated company realizes two or more controlled transactions that are closely related to each other (or that form a unitary complex that cannot be valued separately) these transactions must be aggregated together to carry out a comparability analysis.

The most suitable way to determine transfer pricing should be chosen according to the circumstances of the case, evaluating strengths and weaknesses and considering that, at the same level of reliability, the “price comparison method” is preferred.

Finally, a simplified approach is introduced for “low added value services”. The aim is to be sure that the value of the service is determined by adding direct and indirect costs related to the provision of the service, plus a profit margin of 5% on the abovementioned costs.

We trust that these important clarifications could facilitate tax compliance and relationships between tax and tax payer.

 

Fabrizio Moscatelli, Chiara Vurruso

PKF - Studio TCL Tax Consulting Legal

Genoa – Milan

 

 

 

 

 

 

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