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Old 27-08-2009, 10:49   #31
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I think you really need to think this through. Having a boat in the EU that ( according to the paperwork at least) does not belong to you can be very problematical. when you clear into a different EY country they will want ships papers that show that either you are the owner or that you are a paid skipper. If you are a skipper they will then want al ll sorts of documentation from you. THe EU authorites are not silly, they know a tax evaison scam when they see one. Yes, there are a lot fo foreign flagged boats in the EU, but they all need the proper documetns as to who is the owner/ skipper etc.... you are opening up a whole new can of worms. THe EU authorities are quite quick at impounding boats

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Old 27-08-2009, 11:19   #32
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I see, yes you are probably right about this. I need to think about that. Perhaps it is better to pay the tax....... thank you. Raymond

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Old 27-08-2009, 11:40   #33
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Jeez, i never knew it was all this complex. A real eye opener for me. Thanks guys
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Old 27-08-2009, 12:03   #34
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Some real nonsense being talked about here concerning time allowed in EU for boats owned by non-eu residents. This does not include Ray as he is resident within the EU. As an EU resident, he is best advised to bring the boat into a country with the cheapest VAT (e.g. UK at 15%) and do the import there.

As far as the regulations for non-eu residents - the info is at Temporary importation - Taxation and Customs Union - European Commission

Some Frequently Asked Questions about the rules for private boats

What are the basics?
Non-EU vessels which are intended for re-export may be temporarily be brought into and used for private purposes in the EU, or more strictly in the 'customs territory of the Community', (which includes our territorial waters) without customs duties or Value Added Tax (VAT) needing to be paid. But this can only be done by persons who are not EU residents - in official terms - by people who are 'established outside that territory'. This facility is thus NOT available to EU residents.
The boats concerned have to be placed under the 'temporary importation procedure' (TI) with Customs and the period of use in the EU is limited in time. When the time is up the boat has to leave, in official jargon this period is called 'the period of discharge'. The re-exportation of the goods from the customs territory of the Community is the usual way of ending or 'discharging' a temporary importation procedure. If the boat does not leave before the end of that time then customs duty and VAT become due.
A boat is temporarily imported into the EU and not into one of the constituent Member States. Thus it can move from one Member State to another with no further customs formalities during the 18 month period allowed.
How can a yacht be placed under TI?
Just crossing the frontier of the customs territory of the Community is in general sufficient. But, you may be required to use a route specified by customs and they may require you to make an oral or written customs declaration. It is possible they may require the provision of some kind of security or guarantee to cover the payment of the customs duties and VAT that become due if the boat does not leave the EU.
How long can the yacht stay in the EU?
Normally, you can use the vessel in the EU for one and a half years. In technical terms, the period for discharge for privately used means of sea and inland waterway transport is 18 months. This is laid down in Article 562(e) of the implementing provisions of the Customs Code. If the boat is 'laid up' ('put in bond') for a time the possibility exists for not counting the period of non-use (see below).
Can the 18 months be extended if the yacht is not used? You may want to go home for Christmas!
Yes, the eighteen month period may be extended for the time during which the yacht is not used. Article 553(2) second sub-paragraph of the implementing provisions of the Customs Code allows for this. However, the maximum overal period during which the yacht can remain in the EU is 24 months (Article 140(2) of the Customs Code).
Can you have another period of Temporary Importation? How long must you wait?
Yes, you are not limited to a single period of temporary import. You can sail the yacht out of the EU and when you came back again for another holiday a new period of temporary importation can begin. The customs rules do not provide for a 'minimum period' during which the goods must remain outside of the customs territory of the EU.

If you are running out of time, and you need to extend, pop across to a non-EU country overnight, and return the following day, and the clock re-starts. (but keep the marina receipt! and get stamps in the passport if possible)
"Be wary of strong drink. It can make you shoot at tax collectors - and miss."
Robert A Heinlein
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Old 27-08-2009, 12:13   #35
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EU citizens are allowed to bring back possessions ( including both cars and boats) ptovided they have lived outside the eU for over one calender year, purchased the vessel, owned it for at least one year and paid duty or tax on it at the time they purchased, i. e you are not allowed to but a boat in the US, foreign flag it, stick it onto a cruising permit ( which allows for a duty free vessel) and then expect to be able to import it into the EU duty free.
This all comes under the transfer of residence protocol ( TOR) its recognized all over the EU. It makes sense then to purchase a vessel in the USA, pay the applicable sales tax on it, foreign flag it, one season in the USa, pop over to the Carib for a season, then pop back to the EU and declare a TOR.....
I have checked with HMCG, and this is indeed the case.
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Old 27-08-2009, 14:07   #36

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Pyotr, the corporation would still have to be a "domestic corporation", i.e. 51% owned by US citizens. That's also pretty much a worldwide standard, although some folks use "agents" to satisfy that, that can also be another way to get in trouble.

I would guess that the reason a Frenchman or Swede would have to comply with EU/CE regulations in the EU is that, duh, your sovereign requires you to comply with those regulations--regardless of what boat you are sailing on--if you are in charge of it.

Paper owners can be a good idea as long as nothing goes wrong. There are matters of insurance, liability, and, if someone gets hurt or stranded, how they get treated may be based on the laws that the vessel was titled and flagged under. You crash the boat while it is under your best buddy's name...and there's liable to be a lawsuit and an end of the friendship, just to start the fun. Make sure to draw up some type of legal agreement amongst you, before the boat get bought, to plan ahead for that.
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Old 27-08-2009, 23:22   #37
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mmmmm, finally I think I will buy it in my name and try to find it in Europe first.
When I want to sail around the world, in a few years from now, the US might be a good market for that, and europe would be the end of the trip almost around the world !

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