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-   -   VAT, EU, British, Non Res. (https://www.cruisersforum.com/forums/f17/vat-eu-british-non-res-205124.html)

boom23 29-07-2018 11:41

Re: VAT, EU, British, Non Res.
 
Quote:

Originally Posted by kas_1611 (Post 2684868)
Sadly residence does not come into this.

You are an EU citizen bringing your boat into EU waters so are liable for Import Duties and VAT at the point of entry. No escaping it.

Doesn't matter if you register the boat in Marshall Islands, Caymans or any other tax haven or if you are only going to be in EU waters for 16 minutes let alone 16 months.

I faced the same issue with our non VAT paid boat when Croatia joined the EU. Trust me there is no way around an EU citizen having to pay VAT on their boat as soon as they clear into an EU state for the first time.

I have to disagree with this. Residency is what matters, not citizenship. I have dual citizenship (USA and EU) but I am USA resident. If I buy a new (or VAT not paid) EU boat, it can be VAT except for 18 months (renewable) as long as I remain non-EU resident. If I stay more than 6 months in EU in a calendar year, then the EU boat will immediately lose its VAT-except status, if I am still the owner.

Again, this is a good website for this info: Yacht Temporary Importation - RegisterAYacht

MikeFergie 29-07-2018 14:01

Re: VAT, EU, British, Non Res.
 
Register the yacht under a flagship company in a foreign country. Then get a document that you are the master of the yacht. This then breaks the direct link between you and the yacht

atoll 29-07-2018 14:29

Re: VAT, EU, British, Non Res.
 
Quote:

Originally Posted by MikeFergie (Post 2684999)
Register the yacht under a flagship company in a foreign country. Then get a document that you are the master of the yacht. This then breaks the direct link between you and the yacht

for private pleasure vessels this would make no difference if operating in eu waters.
the boat would be seized untill the owner of the company could prove that they are eligible for tax relief or temporary import

Symphony 29-07-2018 14:44

Re: VAT, EU, British, Non Res.
 
always interesting to hear of the varied experiences of people dealing with the same issue.
I've experienced things differently than others concerning entry and exit from Bermuda, Martinique, St Martin, Antigua, USA.

davedindubai 29-07-2018 23:54

Re: VAT, EU, British, Non Res.
 
It seems that I can satisfy all the requirements for the TA although I think I will have to be in Lisbon when the boat arrives to make sure all the paperwork is filed correctly.

My big issue is spending more than 6 months in the EU in a calendar year as the whole point of coming back to the Med is so that I can spend next year there.

atoll 30-07-2018 01:04

Re: VAT, EU, British, Non Res.
 
Quote:

Originally Posted by davedindubai (Post 2685270)
It seems that I can satisfy all the requirements for the TA although I think I will have to be in Lisbon when the boat arrives to make sure all the paperwork is filed correctly.

My big issue is spending more than 6 months in the EU in a calendar year as the whole point of coming back to the Med is so that I can spend next year there.

i'm not entirely sure about this,but it is worth checking( on the expat forums ?.)
but i seem to remember that you could use your allowance back to back over 2 years
,IE 1st of june to 31 dec,then 1 jan to 31 june,and still be legal,as long as you did not spend more than 183 days in any 1 calender year.

this of course may all change after brexit......

davedindubai 01-08-2018 09:21

Re: VAT, EU, British, Non Res.
 
Quote:

Originally Posted by atoll (Post 2684894)
my experince has proven otherwise,as a uk citizen holding permernant residence in south africa, my uk registered yacht was treated like any other foreign visiting yacht and issued with a TIP on arrival in cyprus once i had shown the customs my SA residence certificate proving non-residence in the EU.

i have done this twice with 2 different yachts entering the EU



Iíve been advised by an agent that as Iím registered in the port of London that in order to obtain a TA I need to change the port of registry. Iím dubious about this? I quote:
ĎPleasure Yacht registration at under the Cayman flag is required to ensure the yacht can cruise in EU waters for up to 18 months at a time under the Temporary Admission rules.í

Anders 01-08-2018 11:25

Re: VAT, EU, British, Non Res.
 
According to HMRC it has to be registered outside the EU customs union.

Section 5.1 in
https://www.gov.uk/government/public...he-uk#section5

atoll 01-08-2018 12:08

Re: VAT, EU, British, Non Res.
 
Quote:

Originally Posted by davedindubai (Post 2687026)
I’ve been advised by an agent that as I’m registered in the port of London that in order to obtain a TA I need to change the port of registry. I’m dubious about this? I quote:
‘Pleasure Yacht registration at under the Cayman flag is required to ensure the yacht can cruise in EU waters for up to 18 months at a time under the Temporary Admission rules.’

with the first yacht we were registered in south africa ,with the second it was registered under uk SSR but was quite old and built before 94 so vat did not apply so i guess i satisfied the vat and eu admission rules in both cases,it was in 2006 and 2008 so awhile ago.

so i guess the agent is correct due to the age of the vessel,value and current vat liability uk registration would be no good:banghead:.

you can set up a delaware company or gib company online they are generally pretty fast with documents.
you will need a deletion certificate for the current uk registration

you should get a period of grace between the azores and main land portugal as the boat is still in transit and in international waters,where you can change over the registration.

you might also look at booking into marina smir in morroco or gib after the azores if the paperwork is not ready to avoid difficulties

gbr 19-09-2018 09:35

Re: VAT, EU, British, Non Res.
 
I'm surprised it hasn't been mentioned before in this (great) thread, but could you wait 6 months until after 29 March 2019? Of course, nobody knows what will happen, but you will be a non-EU citizen after that date, and maybe we brits will have to do the dance that our US/Canadian/etc cousins have to do?

For the sake of 6 months of sailing in the winter in the Med (although you sound like you are full time liveaboards so this may not be an option) you may avoid the whole VAT nightmare?

Just a thought

davedindubai 19-09-2018 10:22

Re: VAT, EU, British, Non Res.
 
Oh what fun lies ahead for us Brits in the Med!

One thing is for sure, it's going to be a mess. As you guessed, we live aboard so unfortunately I had to something about it. In typical 'me' style, I waited until the middle of the Atlantic Ocean to realize I may have a problem upon reaching Portugal!

It wasn't easy getting definitive answers but basically. Any vessel registered in any EU member state cannot apply for a TA to EU. VAT is payable upon arrival.

At least for now...

Anders 19-09-2018 10:33

Re: VAT, EU, British, Non Res.
 
Almost nothing will change on Brexit day, most changes will happen at the end of the transition period at end of 2019.

davedindubai 19-09-2018 10:56

Re: VAT, EU, British, Non Res.
 
Here's something I'm still not sure on regarding residence status.

If I spend more than 183 days in Spain, I am considered resident in Spain and my income is then taxable there. Fair enough.

If I spend more than 183 days in any 365 days in the EU then I am considered resident in the EU?

So what country would lay claim to my income taxes as long as I spend less than 183 days in any one country?

boatman61 19-09-2018 11:25

Re: VAT, EU, British, Non Res.
 
Quote:

Originally Posted by gbr (Post 2724605)
I'm surprised it hasn't been mentioned before in this (great) thread, but could you wait 6 months until after 29 March 2019? Of course, nobody knows what will happen, but you will be a non-EU citizen after that date, and maybe we brits will have to do the dance that our US/Canadian/etc cousins have to do?

For the sake of 6 months of sailing in the winter in the Med (although you sound like you are full time liveaboards so this may not be an option) you may avoid the whole VAT nightmare?

Just a thought

It wont be 6 months.. it'll be 90 days at a time and winter sailing in the Med sucks anyway....
Cold, wet, sometimes to little wind.. and lotsa to much.

davedindubai 19-09-2018 11:31

Re: VAT, EU, British, Non Res.
 
Lets hope not!
I'll just have to go back across the pond again!


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