Bring yacht back to Australia from NZ

[Gregwah]

Hello all, I found a yacht for sale in NZ, she was originally from Australia but has been in NZ for a some time, she is Australian flagged, my question is, does anyone know about the tax, duty etc that it would incur? She is for sale in Australian dollars $260K

[Fore and Aft]

Good question, I would assume if she was Australian flagged/registered and still has her current ON number then you should be able to bring her back without any taxes? You can go to the AMSA website and look up her name and Official Number to see if it is current or canceled.
The other issue is when can we start traveling to NZ again? It might be a fair while?
Cheers

[Gregwah]

Ok, I’ll do that, the travel issue is very much in the mix???? Thanks again

[JPA Cate]

@Gregwah, the current owner may be able to switch his Australian registration over to you.

When we (non Australian citizens) bought this boat, the previous owner had to pay $50 Au to de-register her. (Can't have an Australian registry boat if you are not a citizen of Oz.)

I do not think you'll have to pay importation fees, unless she was formally exported. There was a time when there was pressure to export the boat as part of leaving for an offshore destination, and the present owner may have been required to export her, and may not remember about it, it was just part of clearing out. Anyhow, you'll want to find out for sure.



Ann

[Gregwah]

Thanks for all the info, there’s more info from you guys than the gov ‘authorities’

[El Pinguino]

Registry and Tax are two different things.

I have heard several times, and you would have to do your own research on this - it may be absolute rollocks - that if you take an Australian yacht out of Australia for more than 8 years then she will have to be re-imported... and GST and duty payed.

Best move... ask Australian Customs.

[Gregwah]

I’m onto it today, will let u know [emoji848]

[Jim Cate]

Best move... ask Australian Customs.

And if you don't like their answer, ask at another office... they often disagree with one another. I dunno who wins in the long run.

Jim

[Montanan]

May be on point:

Australia Border Force

https://www.abf.gov.au/importing-exp...orting-a-yacht

Importing a yacht

Yachts are subject to a general rate of duty of 5 per cent based on the customs value (basically the price paid) and 10 per cent goods and services tax (GST) calculated on the customs value plus international transport and insurance plus the duty.

Privately imported yachts are generally valued using the transaction method of valuation when purchased overseas new or second-hand for export to Australia. Circumstances where we may use an alternative method of valuation include such situations as where:

the yacht was constructed by owner/labour;
the yacht has been extensively modified since purchase;
the purchaser and vendor are related parties and that relationship has influenced the purchase price; or
the original purchase price is too far removed in time.
In these instances the yacht will have to be valued by a marine surveyor in Australia. This valuation will be based on the market value and as such will include elements such as customs duty and GST. We'll have to deduct these elements plus overseas transport from the local valuation.

Where the yacht is sailed to Australia, overseas freight will be determined having regard to essential sailing costs incurred under the most commercially viable conditions. Such costs would include sailing expenditure necessarily incurred while the vessel is actually sailing (and entering and leaving) those ports of call on the most commercially viable route. It would not include any in port expenditure related to the vessel's period of stopover.

Where supported by sufficient/reliable information, essential sailing costs would also include:

cost of maps, charts pilot books, light/radio lists, etc.
crew's hire/wages or forage allowance in lieu
victualling or food costs (does not include tobacco and alcoholic beverages)
bunkering or oil/fuel costs.
This is an indicative rather than exhaustive list. If you are in doubt, you may enquire with the Department.
https://www.abf.gov.au/help-and-support/contact-us



Declarations for imported goods


https://www.abf.gov.au/importing-exp...rt-declaration


Declarations are used by importers, or licensed customs brokers acting on their behalf, to clear imported goods from customs control into the commerce of Australia (home consumption) or into a licensed warehouse.

Generally, all goods imported into Australia are liable for duties and taxes unless an exemption or concession applies. There are exclusions and restrictions to the use of the concessions. More information can be found in Schedule 4 of the Customs Tariff Act 1995. https://www.abf.gov.au/importing-exp...iff/schedule-4

For goods with a value equal to or less than AUD1,000 there are generally no duties, taxes or charges to pay. You will need to pay duties and taxes on some goods (like tobacco, tobacco products or alcoholic beverages) regardless of their value.

For goods with a value over AUD1,000 you will be required to pay all relevant duties, taxes and other charges, including an import processing charge.

We strongly encourage first-time or infrequent importers to use the services of a licensed customs broker to clear their goods. Note added:
This is not mandatory but given the large value and associated duty / tax exposure it likely is wise to use the services of a professional

There are three declaration types for imported goods. Which one you will need to use will depend on the value of your goods and whether or not you intend to warehouse the goods before clearing them from customs control.

Import Declaration (N10)
If you are clearing your goods directly into home consumption and the goods have a value of more than AUD1,000 you will need to make an Import Declaration (N10 Form), and pay the duties, taxes and charges that apply.

An Import Declaration is a statement made by the importer (owner of the goods), or their agent (licensed customs broker), to us providing information about the goods being imported. The Import Declaration collects details on the importer, how the goods are being transported, the tariff classification and customs value.

Most Import Declarations are lodged with us electronically via the Integrated Cargo System (ICS). An alternative option for lodging Import Declarations is in documentary (paper) form. Use:

the Import Declaration (N10) (Form B650) (715KB PDF) if the goods are arriving by sea or air cargo
https://www.abf.gov.au/form-listing/forms/b650.pdf




https://www.australiatrade.com.au/Sh...port/Boats.htm

Australian Customs and Quarantine (AQIS) requirements for Importing Boats


Import Duty & G.S.T
If boat is NZ or USA made you will NOT pay Import Duty but you have to pay G.S.T
(NZ as per C.E.R agreement signed between former prime ministers Muldoon and Frasier)
Or America under Free Trade Agreement signed off by Bush and Howard

All other countries You will have to pay Australian Import Duty and G.S.T.

Australian Import Duty is 5 % on vessels / boats under 150 m/t Gross Construction Weight
Over 150 m/t Gross Construction Weight DUTY FREE

If your vessel / boat is classified as a commercial venture to generate income you can claim back the GST

The Australian Customs Department have set the Duty Rate at 5% and G.S.T 10% on the landed price in Australia (landed price means purchase price, ocean freight and 1/4 of 1 % for Marine Insurance even though you may not have take out insurance) ... You have a product that can be sold in Australia that's why you pay Import Duty and G.S.T to Australian Customs via us when we do the Customs Clearance.

For the umpteen thousand time a boat or boat on trailer or vehicle is not classified as Personal Effects or for Personal Use unless you have owned and used said item for more than 12 months (the magic words are owned and used so that means you have been living overseas for more than 12 months and you can show you owned and used said boat, trailer or vehicle for more than 12 months overseas. Now having said that you have owned and used boat, trailer and vehicle for more than 12 months you will still pay Import Duty and G.S.T.

Hope this will help you. All the best.

Dan

[NevilleCat]

That covers all relevant points except the one the OP asked. My initial assumption is that if the boat has Aus Registration it is simply returning home. You would need to show how long it has been o/s and importantly that it had not had significant improvement (other than normal maintenance).
I crewed on a boat last year from NZ to Aus in the same circumstance; Aus built, Au reg also NZ reg. New owner bought it in NZ.
We departed using the Aus Reg so didn't need the NZ Cat 1 requirement. Came into Aus with no suggestion of import issues, although the owner was not a resident and intending to remove it on from Aus so that might be the difference there.

[chrisr]

while ago we brought a nz built yacht in hong kong and imported it into australia. no import duty payable, but we should have paid gst (that's another story)

law in oz is that any vessel in the country for more than (X) must be imported n duty / gst paid. this is why many long term commercial vessels or cruising visitors need to leave every now and then

i assume that nz is the same, as most of the laws there are aligned

this raises the question 'was the vessel ever imported into nz' (in such case there would have been no duty payable, however there likely would have been nz gst).

if the vessel was never imported into nz, then i suspect you can claim it was never exported from australia, and so no gst is paid when the vessel returns.

it's not unlike somebody who embarks on an 8 year circumnavigation. they would not need to import the vessel when returning to oz

nb : agree with the penguin - registry and tax are different things

cheers,

[Gregwah]

Originally Posted by Montanan

May be on point:

Australia Border Force

https://www.abf.gov.au/importing-exp...orting-a-yacht

Importing a yacht

Yachts are subject to a general rate of duty of 5 per cent based on the customs value (basically the price paid) and 10 per cent goods and services tax (GST) calculated on the customs value plus international transport and insurance plus the duty.

Privately imported yachts are generally valued using the transaction method of valuation when purchased overseas new or second-hand for export to Australia. Circumstances where we may use an alternative method of valuation include such situations as where:

the yacht was constructed by owner/labour;
the yacht has been extensively modified since purchase;
the purchaser and vendor are related parties and that relationship has influenced the purchase price; or
the original purchase price is too far removed in time.
In these instances the yacht will have to be valued by a marine surveyor in Australia. This valuation will be based on the market value and as such will include elements such as customs duty and GST. We'll have to deduct these elements plus overseas transport from the local valuation.

Where the yacht is sailed to Australia, overseas freight will be determined having regard to essential sailing costs incurred under the most commercially viable conditions. Such costs would include sailing expenditure necessarily incurred while the vessel is actually sailing (and entering and leaving) those ports of call on the most commercially viable route. It would not include any in port expenditure related to the vessel's period of stopover.

Where supported by sufficient/reliable information, essential sailing costs would also include:

cost of maps, charts pilot books, light/radio lists, etc.
crew's hire/wages or forage allowance in lieu
victualling or food costs (does not include tobacco and alcoholic beverages)
bunkering or oil/fuel costs.
This is an indicative rather than exhaustive list. If you are in doubt, you may enquire with the Department.
https://www.abf.gov.au/help-and-support/contact-us



Declarations for imported goods


https://www.abf.gov.au/importing-exp...rt-declaration


Declarations are used by importers, or licensed customs brokers acting on their behalf, to clear imported goods from customs control into the commerce of Australia (home consumption) or into a licensed warehouse.

Generally, all goods imported into Australia are liable for duties and taxes unless an exemption or concession applies. There are exclusions and restrictions to the use of the concessions. More information can be found in Schedule 4 of the Customs Tariff Act 1995. https://www.abf.gov.au/importing-exp...iff/schedule-4

For goods with a value equal to or less than AUD1,000 there are generally no duties, taxes or charges to pay. You will need to pay duties and taxes on some goods (like tobacco, tobacco products or alcoholic beverages) regardless of their value.

For goods with a value over AUD1,000 you will be required to pay all relevant duties, taxes and other charges, including an import processing charge.

We strongly encourage first-time or infrequent importers to use the services of a licensed customs broker to clear their goods. Note added:
This is not mandatory but given the large value and associated duty / tax exposure it likely is wise to use the services of a professional

There are three declaration types for imported goods. Which one you will need to use will depend on the value of your goods and whether or not you intend to warehouse the goods before clearing them from customs control.

Import Declaration (N10)
If you are clearing your goods directly into home consumption and the goods have a value of more than AUD1,000 you will need to make an Import Declaration (N10 Form), and pay the duties, taxes and charges that apply.

An Import Declaration is a statement made by the importer (owner of the goods), or their agent (licensed customs broker), to us providing information about the goods being imported. The Import Declaration collects details on the importer, how the goods are being transported, the tariff classification and customs value.

Most Import Declarations are lodged with us electronically via the Integrated Cargo System (ICS). An alternative option for lodging Import Declarations is in documentary (paper) form. Use:

the Import Declaration (N10) (Form B650) (715KB PDF) if the goods are arriving by sea or air cargo
https://www.abf.gov.au/form-listing/forms/b650.pdf




https://www.australiatrade.com.au/Sh...port/Boats.htm

Australian Customs and Quarantine (AQIS) requirements for Importing Boats


Import Duty & G.S.T
If boat is NZ or USA made you will NOT pay Import Duty but you have to pay G.S.T
(NZ as per C.E.R agreement signed between former prime ministers Muldoon and Frasier)
Or America under Free Trade Agreement signed off by Bush and Howard

All other countries You will have to pay Australian Import Duty and G.S.T.

Australian Import Duty is 5 % on vessels / boats under 150 m/t Gross Construction Weight
Over 150 m/t Gross Construction Weight DUTY FREE

If your vessel / boat is classified as a commercial venture to generate income you can claim back the GST

The Australian Customs Department have set the Duty Rate at 5% and G.S.T 10% on the landed price in Australia (landed price means purchase price, ocean freight and 1/4 of 1 % for Marine Insurance even though you may not have take out insurance) ... You have a product that can be sold in Australia that's why you pay Import Duty and G.S.T to Australian Customs via us when we do the Customs Clearance.

For the umpteen thousand time a boat or boat on trailer or vehicle is not classified as Personal Effects or for Personal Use unless you have owned and used said item for more than 12 months (the magic words are owned and used so that means you have been living overseas for more than 12 months and you can show you owned and used said boat, trailer or vehicle for more than 12 months overseas. Now having said that you have owned and used boat, trailer and vehicle for more than 12 months you will still pay Import Duty and G.S.T.

Hope this will help you. All the best.

Dan

Thanks Dan, you certainly are a wealth of information cheers

[Gregwah]

Originally Posted by Gregwah

Thanks Dan, you certainly are a wealth of information cheers

Thanks to all, there’s a lot of knowledge out there! Cheers

[El Pinguino]

However... the question has not been answered.

I think it is safe to say that if the yacht is australian built and 'goes foreign' for three or four years no duty or GST is payable on her return.

The waters then get muddy .... if she has been overseas for a long period what then?

And also ... if she has been sold whilst overseas?

What then? These are the two questions that have not been answered...

My boat was all proper fashion imported into Australia 26 years ago.... left in 2003 and has not been back since then... what would the situation be if I were to take her back ?? I dunno...

One thing that can happen .. maybe not so easy now...

Case I know of... 1970s... yacht leaves Australia... lost somewhere in the SW Pacific...
Yacht with same paperwork re-enters Australia some years later...
This came to light a bit further down the track when new owner ... who I knew.. was sorting out some paperwork with the government...

I think that may be why they are cautious with boats that have been away a long time.....

[petesals]

I went through exactly the same scenario last month. Boat built and used in Australia (so GST paid) then taken to NZ around 10 years ago. I spoke to an an import agent and studied the Australian tax and border force policies. The result was that if the vessel is bought back to Australia by anyone other the the owner who took her overseas, duty and GST are payable. It is accepted by the agent that, yes the Aus Govt. is double dipping on the GST but there is nothing you can do about. It even appears that even though vessels built in NZ or the USA are exempt from import duty, an Australian built vessel is not!! I suspect this could be argued legally, but who has the time and money to take on Borderforce.
We are back in search mode, but confining ourselves to Australia now.