Planing to buy a boat in Florida as a non us citizen

[jackiemelni]

Hello dear sailors.
Im about to step on deck and become a liveaboard after years of planing.
Im looking to buy an S2 11.0 C.

The boat is for sale for a Non US resident and I am one 😁
I have a few questions.

How long is a boat that not registered in US can stay there?
I Don't wanna buy a boat and pay a load of taxes on overstayed vessel.

And what taxes do i need to pay when switching hands on a non US vessel if its ok and no planing on importing? I plan to make it ready as much as I can and shoot out to the carib enjoy what is left from the season.

Is anyone have any idea about this?

[s/v Jedi]

Originally Posted by jackiemelni

Hello dear sailors.
Im about to step on deck and become a liveaboard after years of planing.
Im looking to buy an S2 11.0 C.

The boat is for sale for a Non US resident and I am one 😁
I have a few questions.

How long is a boat that not registered in US can stay there?
I Don't wanna buy a boat and pay a load of taxes on overstayed vessel.

And what taxes do i need to pay when switching hands on a non US vessel if its ok and no planing on importing? I plan to make it ready as much as I can and shoot out to the carib enjoy what is left from the season.

Is anyone have any idea about this?

When we bought our boat in Florida, the broker was very helpful. He did the paperwork and we got a 90-day permit in Florida incl. A special sticker showing this.
It was tax free except for $100 or so for the dinghy.

[Montanan]

When a vessel is marketed as not to be sold to a US citizen / permanent resident, that means it has not had customs duty paid upon its importation to the US and is operating under a "temporary admission procedure".

The broker, if any, that has listed the vessel for sale can assist in arranging the custom's free sale of the boat in international waters and the documentation of such sale, e.g. having a notary republic on board during the consummation of the transaction at sea.

A boat is subject to Sale or Use taxation by many states of the USA, including Florida but there are exemptions and procedures for seeking and fulfilling such exemptions.

There is no federal VAT in the USA and not all states have Sale / Use taxation.

The Sales / Use taxation rules for Florida which would be applicable to you are linked here:

https://floridarevenue.com/Forms_lib...t/gt800006.pdf

The boat can be titled in Florida. In the alternative the vessel can be flagged by a foreign country in which case no titling will be provided by Florida.

The vessel will need to be registered in Florida if it remains for a short period to time. Unless it is foreign flagged the vessel will become subject to Florida property taxation which is collected by the county in which the boat has situs.

A cruising license can be procured from the Federal CBP which will make clearing in and out procedurally somewhat easier when navigating in US waters and ports.

You will need to obtain a B1/B2 visa for each non-citizen / non-permanent resident of the USA in order to be able to enter the USA by private vessel. There is no visa waiver program for entry by non-citizens into the USA by arrival on private vessel or private plane.

One obtains a B1/B2 visa at the USA embassy or consulate in the country of your citizenship or permanent residency. One does not obtain a B1/B2 visa in the USA. A B1/B2 visa requires an interview at the USA embassy or consulate which one goes on line to obtain a schedule appointment. Depending on which country you have to arrange for the interview appointment the wait time can be a couple of weeks, couple of months or a couple of years. Schedule your visa interview appointment now. It will take some time after your interview for a visa to be processed and delivered, generally 10 days to a couple of months assuming you are approved.

What country / countries do you have citizenship(s) or permanent residency with? Have you previously received a B1/B2 visa; is such currently valid? With that data we can look up your expected wait time for an appointment.

You can utilize an ESTA to obtain permission to travel by commercial carrier [an airline] and then obtain a routine short-term visitation visa upon non-immigrant status entry by ordinary visa waiver program procedures if you qualify for such VWP. That would be recommended method for you to arrive to the USA in order to procure the boat.

But you will need to obtain the B1/B2 visa back in your country to reenter the USA by your private boat, so you will likely need to schedule a return flight within the short term visa issuance period. Unless you intend to promptly depart the USA under your short term visitor visa and will not be returning to the USA by your newly purchased vessel.

Bon voyages.

[Montanan]

FYI, Recommend obtaining a USA Federal cruising license

Guidance:

https://oceanskies.com/yachts/yacht-...states-a-guide


19 Code of Federal Regulations CFR § 4.94 - Yacht privileges and obligations.

§ 4.94 Yacht privileges and obligations.

Reference link:

https://www.law.cornell.edu/cfr/text/19/4.94


Pleasure Boats - Requirements for entering the United States

Small Vessel Reporting System (SVRS) is no longer in service and float plans will no longer be accepted.

Boaters looking for a quick way to report their arrival and/or apply for a registered boater program may use the CBP ROAM app. The app is available at no charge on the Apple App and Google Play stores. Boaters may continue to report their arrival using designated telephone reporting numbers, if necessary.

All operators of a non-commercial small vessel/pleasure boat must report immediately to the nearest U.S. Customs and Border Protection (CBP) port of entry upon arrival to the United States from a foreign port or place, including the U.S. Virgin Islands. Any foreign vessel from a port or place within the United States or any vessel of the United States carrying foreign merchandise for which entry has not been made, the master of the vessel must immediately report that arrival to the nearest CBP facility. The CBP officer may request the production of any document deemed necessary for the proper inspection/examination of the vessel, cargo, passenger or crew.

If an formal entry is required, the operator of the pleasure boat/small vessel must provide a formal vessel entry on CBP Form 1300 within 48 hours. The operator will also need to report any foreign merchandise on the boat that is subject to duty.

CBP has designated specific reporting locations for pleasure boats to report their arrival and be inspected by a CBP officer. The master of the boat will be directed to the nearest port of entry to satisfy the face-to-face requirement, or report to the nearest designated reporting location along with the boat's passengers for inspection.

A cruising license exempts pleasure boats of certain countries from having to undergo formal entry and clearance procedures and can be obtained from the CBP Port Director at the first port of arrival in the United States. A U.S. pleasure craft and a foreign-flag vessel without a cruising license (30 feet or longer in length) must pay an annual decal user fee of $34.83. User Fee Decals may be purchased online through the Decal Transponder Online Procurement System DTOPS. Commercial vehicle purchasers also have the ability to request replace transponders, transfer vehicles into their fleet and maintain their fleet inventory.

All vessels must comply with United States Coast Guard (USCG) Notice of Arrival (NOA) requirements in accordance with 33 Code of Federal Regulations (CFR) § 160 Subpart C. Many exceptions and exemptions to NOA submissions exist (especially for recreational vessels under 300 gross tons); the owner, agent, Master, operator, or person in charge of a vessel should review 33 Code of Federal Regulations (CFR) § 160.204 to determine if an NOA must be submitted. For NOA submission assistance or additional clarification, please visit the USCG National Vessel Movement Center (NVMC) website.

Note: U.S. citizens should provide proof of citizenship, such as a passport or birth certificate. Canadian citizens should provide proof of Canadian citizenship and Mexican citizens may present a border-crossing card. Canadian, Mexican, and U.S. citizens must have a passport if they are arriving in the United States from outside the Western Hemisphere.

Permanent residents of Canada who are nationals of a designated Visa Waiver Program (VWP) country, may enter the United States by means of a pleasure boat along the northern border of the United States, if in possession of a valid, unexpired, passport issued by his or her country of nationality, and an unexpired multiple entry Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form, or an unexpired passport, valid unexpired United States nonimmigrant visa and I-94 Arrival/Departure Form. Entry may be made only as a visitor for pleasure.

If your boat has anchored or tied up, you are considered to have entered the United States. No one shall board or leave the boat without first completing customs processing, unless permission to do so is granted by the CBP Officer in charge. The only exception to this requirement is to report arrival. If it is necessary for someone to leave the boat to report arrival to CBP, he or she must return to the boat after reporting and remain on board unless instructed otherwise. No one who arrived on that boat may leave until the CBP Officer grants permission to go ashore. A report of arrival into the United States should be made to the CBP office nearest to your point of entry. See the list of Pleasure Boat Locations.

For questions or inquiries, please contact the NVMC 24/7 line at 1-800-708-9823 or 1-304-264-2502. For questions/inquiries, send an email to sans@nvmc.uscg.gov


Pleasure Boats -Do I need to contact CBP when I depart the United States?

Whenever you depart the United States by pleasure boat/small vessel to a foreign country, you must obtain clearance with U.S. Customs and Border Protection (CBP) before departing. If you were issued a cruising license to cruise the U.S. territorial waters, you must clear your departure with CBP before proceeding to a foreign location.

Recommend utilizing the US CBP form 1300 for reporting vessel entrance and clearance statement from a US port. This is as close to a Sharpe document that America provides.

https://www.cbp.gov/document/forms/f...ance-statement

https://www.cbp.gov/sites/default/fi...orm%201300.pdf

No vessel which has arrived within the limits of any Customs port from a foreign port or place shall depart or attempt to depart, except from stress of weather or other necessity, without reporting and making entry as required. These requirements shall not apply to vessels merely passing through waters within the limits of a Customs port in the ordinary course of a voyage. See, 19 CFR (Code of Federal Regulations) § 4.60.

Note: Any small pleasure vessel leaving a United States port into international or foreign waters, without a call at a foreign port, does not satisfy the foreign departure requirement. Therefore, certain fishing vessels, cruises to nowhere, or any vessel that leaves from a United States port and returns without calling a foreign port or place, has not departed the United States.

For more information on pleasure boats, visit the cbp.gov website.

Pleasure Boats - Obtaining a cruising license after old one expires

Cruising licenses are normally valid for up to a year. These licenses can be obtained from the U.S. Customs and Border Protection (CBP) Port Director at the first port of arrival in the United States.

Under CBP policy, non-U.S. residents are not eligible for successive cruising licenses. A new license will not be issued unless the following two conditions have been met: (1) at least 15 days have elapsed since the previous license either expired or was surrendered, and (2) the vessel arrives in the United States from a foreign port or place. (Customs Directive 3130-006A) CBP will want to see foreign clearance paperwork as evidence that you are arriving from a foreign location.

Non-residents are cautioned to plan carefully so that the mandatory 15-day period does not fall in the middle of a planned stay in U.S. waters. It may make sense to surrender your cruising license to a CBP Officer when you leave the United States waters and then obtain a new one when you re-enter the United States.

Traveling outside of U.S. waters while your cruising license is still in effect does NOT fulfill the 15-day requirement.

[Montanan]

Originally Posted by jackiemelni

Hello dear sailors.
Im about to step on deck and become a liveaboard after years of planing.
Im looking to buy an S2 11.0 C.


Is anyone have any idea about this?

Live aboard. Where exactly do you intend to reside?

The -tions become a factor.

Immigration and taxation

The maximum duration allowed on a USA tourist visa is generally six months (180 days). However, the actual length of stay granted can vary depending on the immigration officer’s discretion at the port of entry. It’s important to note that the duration of stay granted on your tourist visa is not automatically six months.

The visa duration will be recorded on the I-94.

Some good guidance as to how long one can stay and return.

https://legalservicesincorporated.co...or-each-visit/

[s/v Jedi]

Taxation can be painful. Being Dutch myself, it’s no issue because the US and Netherlands have a tax treaty preventing double taxation but afaik other countries, incl. Canada may not have that and a stay of 1 day too l9ng can mean paying taxes twice.

[s/v Jedi]

About longer stays: when visiting aboard your own boat with the B1/B2 visa and a cruising permit, I have not heard a request for extension of stay being turned down.

The cruising permit duration is tricky too… don’t just request the maximum term of 12 months because it will not be automatically cancelled when you depart and it must be expired for at least 2 weeks or months (forgot) before you can apply for a new one. So if you plan a 6 month stay, then sail to the Bahamas for 4 months then return to the US, the 12 month permit will be used and you will have to leave after just 2 months…. or just let it expire and don’t move the boat to another CBP district… only straight out offshore to a foreign country.

[jackiemelni]

Originally Posted by s/v Jedi

About longer stays: when visiting aboard your own boat with the B1/B2 visa and a cruising permit, I have not heard a request for extension of stay being turned down.

The cruising permit duration is tricky too… don’t just request the maximum term of 12 months because it will not be automatically cancelled when you depart and it must be expired for at least 2 weeks or months (forgot) before you can apply for a new one. So if you plan a 6 month stay, then sail to the Bahamas for 4 months then return to the US, the 12 month permit will be used and you will have to leave after just 2 months…. or just let it expire and don’t move the boat to another CBP district… only straight out offshore to a foreign country.

Thank you jeji! Im planing on taking the boat to the caribbean as soon as it ready!

I got a tourist visa for at least 6 years so thats why Im thinking of going to Florida.

Ok ill check the boat im looking at pretty soon.