Registering a boat in the US

[boatpoker]

Originally Posted by jmschmidt

To EricFinn: The regulations have not changed in decades or at least the fifty years I've been at this stuff. If you are not a US citizen or "your" boat is not owned by a US corporation, LLC or other US legal entity the control of which is vested in US citizens, your are in big trouble with the USCG. You need to correct this situation immediately. I am not surprised that a so-called "documentation expert" did this and probably for a big fee. This kind of sham is rampant in the industry. If an agent did this you may have legal recourse against the agent if the Coast Guard comes after you.

JMschmidt is absolutely correct.

[boatpoker]

Originally Posted by Vasco

Once the boat is undocumented you can even register it in your home country and keep it forever in the US on a cruising permit because you have a green card.

I strongly recommend against the Cruising License approach. This was not an issue prior to January 2016 however it's a new day. Vessels travelling under a cruising license must now report in every time the vessel is moved, even to another slip in the same marina or across the anchorage. This rule has been stated on Cruising licenses as long as I can remember (early 90's) but was largely ignored .... no more, rigid enforcement is the order of the day.

I have been dealing with this nonsense for the last year and it has become a time consuming pain in the a$$.

Get it State Registered. Although .... even that is no guarantee. We have Canadian friends who were told last month by FWC that they could not own a Florida State Registered boat. They are currently fighting this. Like I said, it's a new day.

[maijipo]

It looks indeed very easy to make a false statement on the online form. They probably have very little way to check but this is a risk i did not want to take. Penalty can be very important (i would guess). Anyway, i want my boat to be in order and not have to worry about legal matter

With all the help given on the forum the solution seems very easy. As soon as i got news from the owner i will go back to the state registration.

I hope it is not too much trouble for the previous owner to unregistered the boat.

Happy new Year to all of you !

[belizesailor]

Originally Posted by ErikFinn

Ok I don't want to start any arguments here and have not followed the legal developments but I bought my previous US coast Guard documented boat in USA in 2012 and had it documented for me with the USCG by an agent recommended by the broker. I'm am/was NOT a US citizen, neither do/did have a US Green Card. Since then I have read in several occasions here that one must be US Citizen to document with USCG. Maybe the regulations have changed or my agent who did the process bent the rules, I don't know. All I know my boat was USCG documented for me and I had no problems whatsoever.
Can someone please link/point to the specific regulation or form that says USCG documentation reguires a US citizenship please?

Please note: I will NOT start any arguments about this, just stating what was a fact with my old boat.
Cheers.

No argument, but thats rather puzzling since there have been no changes to these regulations. They've been this way (majority US Citizen ownership required) for decades that I know of first hand. Just look at the USCG forms as suggested, its stated right there.

Care to share a copy of your USCG Vessel Documentation so we can unravel this mystery?

The most common solution to the OPs delima, if he wants USA State Registration (as pointed out this is not the same as USA Federal Documentation), is to form a Delaware corporation which owns the boat and register it in Delaware....bazillions of foriegn owners take advantage of this option.

[belizesailor]

Originally Posted by ErikFinn

Thanks, I checked that. The form is from August 2016, maybe the citizenship requirement has changed since 2012 when my previous boat was documented.

Nope, it hasnt changed...something is missing in the facts of your situation.

[akprb]

You went to the tax collector! On purpose! :-)

[skipmac]

Originally Posted by maijipo

Go to the CG-1258 online form. You will have to certify you are a US Citizen on the application.

Exactly correct.

[skipmac]

Originally Posted by ErikFinn

Thanks, I checked that. The form is from August 2016, maybe the citizenship requirement has changed since 2012 when my previous boat was documented.

Hi Erik,

Here is a link to the form on the USCG web site. Look at section L on the top of page 2.

http://www.dco.uscg.mil/Portals/9/DC...-09-113142-067

[Barney21]

I am an Auz citizen.I owned a boat in US for 5 years. Having a US address was the only issue I had , I asked the Marina for permission to use their address that was fine and I was never questioned despite 20 US/ Canada crossings.

[belizesailor]

Originally Posted by Barney21

I am an Auz citizen.I owned a boat in US for 5 years. Having a US address was the only issue I had , I asked the Marina for permission to use their address that was fine and I was never questioned despite 20 US/ Canada crossings.

No problem w a non-US entity/citizen owning a boat in the USA, but to legally Federally Document one ownership must be by a US citizen or entity with majority control by US citizens.

Was that boat Federally Documented or State Registered?

[Dougtiff]

To start with, there really isn't any advantage any longer to having a documented pleasure vessel [ originally documentation was for commercial vessels], if you get into trouble in a foreign country, this government is not going to help you because the vessel is documented, and it's a hassle to pay the fee each year, if you are cruising, and the doc. will expire if the yearly fee is not paid, no need to de-doc [ i know,because i did this], just take the bill of sale to DMV and get her registered, they don't care about the Doc., also, if you leave the state or country, you can cancel the state registration, i.e. any state or county tax,THERE IS NO INTERNATIONAL LAW that states you must have the vessel registered any where, to prove ownership a bill of sale does the job. [ again i have been there].

[Barney21]

Originally Posted by belizesailor

No problem w a non-US entity/citizen owning a boat in the USA, but to legally Federally Document one ownership must be by a US citizen or entity with majority control by US citizens.

Was that boat Federally Documented or State Registered?

Yes it was fully registered. I was none of your suggested owners.
I was not asked for citizenship papers.
How did that work?

[belizesailor]

Originally Posted by Barney21

Yes it was fully registered. I was none of your suggested owners.
I was not asked for citizenship papers.
How did that work?

Nobody checked would my guess. Not technically legal, but no one caught it.

[boatpoker]

Originally Posted by Barney21

Yes it was fully registered. I was none of your suggested owners.
I was not asked for citizenship papers.
How did that work?

You don't seem to understand the difference between "registered" and "documented".

As many have stated, a non-citizen owning a state "Registered" boat is not an issue. It is "documented" vessels that cannot be owned by non-citizens other than through a US corporation.

[skipmac]

Originally Posted by boatpoker

We have Canadian friends who were told last month by FWC that they could not own a Florida State Registered boat. They are currently fighting this. Like I said, it's a new day.

That is quite odd. In researching this issue for an overseas CF member last year I called the headquarters of FL FWC to ask about sales tax, title, etc and was told quite specifically that a foreigner purchasing a boat in FL and not removing it within the 90 day deadline would be required to title and register and pay sales tax in FL. Obviously in FL the left hand and right hand at the FWC have a failure to communicate.