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Old 12-11-2009, 08:40   #1
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Selling Canadian Boat to a German National Working in Florida on a B2 Visa?

Is there a legal way of doing this sale?The baoat will be handed over in the Gulf,and the new guy will sail it to the Bahamas!

What type of Bill of Sale,how can he prove HIS ownership,and removing mine from it,freeing me from any ongoing liabilities related to the boat's ownership?

(He's trying to complicate things,by suggesting he'd form a Canadian Corporation,and have ME as a Canadian partner.I don't want THAT....but he's trying to keep the Canadian
Flag flying off it's stern,instead of a German flag.
What can I do....to avoid any ongoing exposure to future liabilities?
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Old 12-11-2009, 09:12   #2
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Just sell privat to privat and don't get involved in corp. etc.. I wander: did'nt he ask for the original invoice, because he needs that in the situation he sails back to Germany and want to register / paying VAT there.
What is the reason he wants to fly the Canadian maple besides the fact it is a beauty?
If your boat is registered then you can ask what the procedure is by reselling.
Good luck.
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Old 12-11-2009, 10:33   #3
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Hi Russ,
yeah, these Germans are sometimes very complicated :-)

I guess, he does not want to pay the tax when boat arrives in Germany by saying
it is owned by a Canadian Company.

I would not do anything like that. Keep things straight, sell from private to private
and that's it, simple as that.

Also what about warranty ? maybe this thing with Corporation keeps you in warranty
for who knows how long.

Be carefull and ask him for the reasons why he wants to do so.

Cheers from a rainy and cold Germany
Lampe
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Old 12-11-2009, 11:07   #4
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The only way he can fly a Canadian flag is to be licensed or registered in Canada. He needs to figure out how to do that.

Is you boat licensed or is it registered? That will make a difference in the transfer of ownership.
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Old 12-11-2009, 13:38   #5
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Under NO circumstances do you form a partnership/corp of any type with the buyer. He can do as he chooses AFTER he's purchased the vessel from you - free and CLEAR. If I were a betting man, I'd guess that boat NEVER see's European waters during the term of his ownership. I hate to blindly accuse without having the pertinent facts - but I will say that this is typical of those who seek to avoid paying taxes on the sale "at home". In any event, you just want to sale a boat. I'm assuming you've no designs on starting a business, so don't 'fake' doing so. Not worth the risks, and provides you with no relative reward. All risk? No reward? RUN!!!
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Old 12-11-2009, 15:38   #6
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German National buying Canadian Boat

Many,MANY thanks for the advice I've received from those of you who have taken the time to provide same.I've had this Tristar for 15 years, and the most use I've had of it,has been sailing it from Sept.16th past, to Chicago and down through to Grand Rivers,Kentuckey at Green Turtle Bay Marina.I've logged 300 hours this fall alone,and only 50 hours in the previous years since
restoring it.

The "Buyer" now has discovered that he can incorporate a Canadian company in New Brunswick,regardless of his Nationality,and the Corporation will own the boat.The Corporation will have an Ontario address,so it can be sold in the Province of Ontario to an entity,also in the Province...and it will pay the Ontario sales tax.The key thing,is the boat can continue to fly the Canadian Flag.His notion is "Canadians" seem to be more accepted in the world,right now,over Americans,or even Germans...and he likes the Canadian Flag's Red Maple Leaf design!Who am I to argue,as long as my name ceases to be associated with it,and therefore...no ongoing liabilities.

My wife and I will now head to the Caribbean, and bareboat a charter,or
take a windjammer cruise or two,letting hired hands do all the work.

Again,your advice,has been heeded.
Fairwinds to all,
Russ H.
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Old 01-01-2010, 19:58   #7
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Quote:
Originally Posted by sokkum View Post
Just sell privat to privat and don't get involved in corp. etc.. I wander: did'nt he ask for the original invoice, because he needs that in the situation he sails back to Germany and want to register / paying VAT there.
What is the reason he wants to fly the Canadian maple besides the fact it is a beauty?
If your boat is registered then you can ask what the procedure is by reselling.
Good luck.
Hey Sokkum i'm resdince in Amsterdam and i want buy the boat in U.S.A, i want sailing in Caribbean sea and french Polynesia, How can put Duch Flag without bring thr sailing boat to Holland?
Danku!
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