America’s Cup: VAT and road tax are also included in the concessions

Special tax relief measures, including for the purposes of indirect taxes, are supporting the organisation of the 38th edition of the ‘America’s Cup – Naples 2027”, through the refund of VAT paid in Italia by individuals carrying out business, artistic or professional activities, who do not have a permanent establishment within the country and are based in third countries, via an online portal. This development could pave the way for systematic use of this relief in relation to other sporting events.

Article 3 of Decree-Law 108/2026 ‘Sport’ introduces an innovative provision to the provisions contained in Decree-Law 96/2025 and extends the application of the rules set out in Article 38-bis, paragraph 1, of Presidential Decree 633/1972 on the subject VAT refunds to a very broad range of cases from a subjective perspective. However, the possibility of direct refund of value added tax paid on purchases and imports of goods and services carried out within the national territory, necessary for the supply of goods or services directly related the 38th edition of the ‘America’s Cup – Naples 2027’ and subject to the conditions ordinarily laid down by the legislation, namely: VAT must be deductible in accordance with Articles 19, 19-bis 1 and 19-bis 2 of Presidential Decree 633/1972; the transactions must not be non-taxable transport operations or ancillary to transport, nor those carried out under Article 74-septies; the total amount of the refund claim relating to interim periods must not be less than €400 or €50 for the annual refund.

Strictly speaking, however, they would appear to be excluded from the refundimports are excluded from reimbursement, even where VAT has been paid at the national customs office. Furthermore, the provisions set out in Article 38-ter, paragraphs 2, 3, 4 and 5 of the VAT Decree (the office responsible for receiving the application, refund deadlines, interest, decisions to refuse, and the measures of 1 April and 29 April 2010) apply to these refunds.

The refund may not be claimed by persons who, during the relevant period, had a permanent establishment within the territory of the State, or by persons who carried out transactions other than those for which the principal or transferee is liable for the tax. However, within the innovative framework specific to the event, the scope of application is broader than that set out in Article 38-bis 2. In fact, the provision contained in the VAT decree allows for refund claims to be made by persons established in other Member States of the Community, who are liable for tax in the State in which they are domiciled or resident. By contrast, the persons eligible under Article 3 also include those established in third countries, i.e. outside the Community; this extension would likely require specific authorisation, given that the arrangement falls outside the scope of Article 171 of Directive 2006/112/EC. VAT refunds to taxable persons not established within the territory of the Community are made in accordance with the implementing rules laid down by Directive 86/560/EC.

Finally, relief is also available for stamp duty. With the addition of paragraph 6-ter to Article 7 of Decree Law 96/2025, an exemption from stamp duty is established on applications for and the issue of authorisation measures relating to the allocation and temporary use of frequencies for electronic communications necessary for the staging of competitive events connected with the ‘America’s Cup – Naples 2027’, which, by virtue of the measure, are already issued free of charge.