Seizure of 33,3 million euros for the president and the managing director of MSC Cruises



The Nucleus of Excise and Revenue Police of the Customs corps has executed two decrees upon request of pre-emptive seizure of assets for a value of 33,3 million euros emitted from the jeep of the Court of Naples of the Procura regarding two leaders of crocieristica company MSC Cruises that take part of the shipowning group Helvetic Mediterranean Shipping Company (MSC). Draft of the managing director Pierfrancesco Vago and president Franco Zuccarino and the crimes assumed respective of have omitted annual tax return and of unfaithful declaration.

According to the added prosecuting attorney Fausto Zuccarelli would be assessed the existence near the Neapolitan center of the crocieristica company of a "hidden permanent establishment of cited MSC Crociere S.A. (society of group MSC with center to Geneva, ndr) that it has not declared yields realized in the national territory for about 38 million euros which direct tax corresponds fugitives for beyond 10,7 million. The investigations - Zuccarelli has explained - have allowed to assess that in October the 2006 MSC Spa Cruises with center to Naples has modified own social object (from tour operator to intermediary of the transports) "transferring" the activity of organization and sale of packages of cruises to the Genevan society MSC Crociere S.A., but maintaining the same functions until then carried out with reference to the organization and sale of cruises in the Italian territory". The added prosecuting attorney has evidenced that near the Neapolitan center of MSC Spa Cruises "it has remained unchanged, in spite of the modification of the social object, the existing organizational structure before the restructure of 2006 and therefore the society has continued to operate - in contract force appropriate stipulated with MSC Crociere S.A of Geneva - with the same precedence managerial and administrative tasks in way such to turn out real "a center of direction", that is a hidden permanent establishment of the Swiss society".

The Procura of Naples has specified that the seizure "gushes from the relative fiscal verification that has allowed to assess that the society, in order to reduce indebtedness the yields to subject to imposition in the Italian territory, has sottofatturato the returned performances of service regarding the Genevan society MSC Crociere S.A., from which in fact is controlled by virtue of particular contractual constraints, although its share capital entirely is stopped by the Marinvest Srl, than in its turn is controlled to 99.9% from two society of the island of Man". According to Zuccarelli "on the base of such facts, in application of the specific fiscal discipline in matter of commercial relationships with controlling societies foreign, the taxable incomes of the service performances under investigation are revalued to the "normal value", so stating a greater tax basis piling altogether, for the years from 2007 to 2012, to beyond 75 million euros". "At the expense of the same MSC Spa Cruises - it has added the Procura - moreover indeducibili costs are assessed, because not inherent, for about 2,6 million euros, relative to a share of staff stablily and exclusively employed in order to cure the accounting of the Swiss society MSC Crociere S.A. The direct tax altogether fugitives of the MSC Spa Cruises piles to beyond 22,6 million euros".

MSC Cruises has replied emphasizing that "the disputes are completely groundless and in evident dispregio of relative the international norms in particular to the marine field". The crocieristico group has restated the correctness of own acts and has confirmed to have under way with total transparency and collaboration the opportune interlocuzioni with the competent fiscal authorities to the aim to clarify own position and to obtain the respect by the competent authorities of the enforced applicable international norms. The company has explained that, "in particular, the fiscal convention in vigor between Italy and Switzerland in order to avoid the double impositions preview express that - contrarily to established how much for a any activity of enterprise - the yields that a Swiss society achieves specifically from international the marine transport is taxed exclusively in the Helvetic Confederation independently from the existence or less than a permanent establishment in Italy. Such norm - it has found MSC Cruises in a note - is in compliance with the model of international convention of the OCSE applied systematically from the States in their bilateral treatys in order to avoid the double imposition".