Transfer of Ownership

Transferring ownership of a boat is not a single procedure but a series of closely regulated formalities:

1. The bill of sale

Until a few years ago, a notary had to be involved to draw up the bill of sale for a boat. This is no longer the case.

Under art. 7 of Law (L.) 248/2006, in addition to notaries, who were already authorised, licensed S.T.A. agencies (Sportello Telematico dell'Automobilista, the online motorists' desk) and municipalities may now authenticate bills of sale for registered movable property (motor vehicles, boats and aircraft).

This has brought a sharp reduction in the cost of drawing up the bill of sale for clients.

At our agency we can authenticate bills of sale and draft the deed in whatever form suits you best.

To prepare it we need:

• A copy of the navigation licence (Licenza di Navigazione)
• Copies of the parties' identity documents and Italian tax codes (Codice Fiscale) (if either party is a company, we also need a Chamber of Commerce company report (visura camerale) issued no more than six months ago; if you do not have one, we will request it for you)
• If the parties are individuals, we need to know their matrimonial property regime (as it must be stated in the deed): if the regime is "married under community of property" (comunione dei beni), we will need the spouse's details and a copy of their valid identity document.

2. Registration of the bill of sale

Once authenticated, the bill of sale must be registered with the Italian Revenue Agency (Agenzia delle Entrate) within 20 days.

There are several types of registration:

• Bill of sale between private individuals: registration is taxed according to the length of the boat, in the following bands:
  • up to 8 metres length overall: € 404,00
  • from 8.01 m to 12 m length overall: € 607,00
  • from 12.01 m to 18.00 m length overall: € 809,00
  • from 18.01 m to 24.00 m length overall: € 1.011,00
  • from 24.01 m length overall, the vessel falls into the pleasure ship category and is subject to a fixed tax of € 5.055,00
• Bill of sale with a sales invoice: if the seller issues an invoice showing VAT, registration of the deed is subject to a fixed tax of € 200,00.
• Bill of sale to a boat dealer: if the buyer is a boat dealer, the transcription tax is waived entirely. However, this activity must be clearly declared as the business actually carried out (not merely in the company's stated objects).

3. Transcription of the registered deed at the Harbour Office of registration

Once the deed has been registered with the Revenue Agency, the complete file is sent to the Harbour Office (Capitaneria di Porto) or District Maritime Office (Ufficio Circondariale Marittimo) where the boat is registered.

Transcription must take place within 60 days of the date the signature was authenticated.

When transcribing the transfer, it is also advisable to update the owner's name on the VHF radio licence.

VHF Installation and Radiotelephone Operator's Certificate (Patentino)

An up-to-date VHF installation certificate is compulsory when sailing more than 6 miles from the coast.

To update it we need:

• A photo of the plate (or sticker) on the set showing its serial number, make and model.
• The old certificate issued by the Ministry of Economic Development (formerly the Ministry of Telecommunications) or, for a new set, the declaration of conformity (usually included in the user and maintenance manual inside the box).
• The applicant's identity document
• A copy of the RTF certificate (radiotelephone operator's certificate, or "patentino").

If the buyer or owner of the boat does not hold the certificate, it must be applied for.

You will need:

• 2 loose passport photos.
• 1 passport photo authenticated on a municipal or notarial identity certificate.
• We need to know the holder's educational qualification, which must be stated on the application.
• A copy of the identity document.

The certificate holder does not have to be the owner of the boat or the installation. It can also be a third party who declares responsibility for its use. What matters is that, when sailing more than 6 miles from the coast, someone on board holds the certificate.

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