1960 ong Kong built boat - RCD and VAT exempt ?

eebygum

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If I'm looking to import a boat from the US which is a 1960's Hong Kong built boat with a known pedigre, my unerstanding is that this would be RCD exempt being pre 1998 but can I assume it is also VAT paid and therefore exempt from import duty ? or do I have to try and track down the orginal bill of sale etc. ?

All opinions gratefully received.

Thanks



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snowleopard

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Re: 1960 ong Kong built boat - RCD and VAT exempt

hong kong was a crown colony at the time the boat was built. if you have some proof that it was actually built there it gets you off the hook as far as CE marking is concerned.

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JoeQ

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On the VAT position:

Sorry but that isn't the case and rather than getting into a big debate over who's right and who's wrong I strongly suggest you contact HMC&E to verify the position. Be aware that even higher ranking HMC&E officers aren't fully aware of the law on this and once you get a response make sure you double check the position and keep all correspondence.

I speak from experience of have a Hong Kong built boat brought into the UK.

Some of the responses I had from HMC&E;

"VAT isn't due as the boat was in Europe at midnight 31st December 1992"

"VAT isn't due on the boat as she weighs more than 15 tons" (I've had this one from several different officers but can't find any reference to it any of the regulations.

"VAT is due on the boat as she was registered in Gibraltar, even although GIB is in Europe, it is VAT free."

Irrespective of whether VAT has been paid or not HMC&E will *not* issue a "VAT paid" certificate or document. It's up to the owner to prove the position.

Please be aware that this has been ongoing for over a year and is now in the hands of our solicitors, even they can't find a definitive answer or get the necessary responses from HMC&E.

Best of luck and if you find someone from HMC&E who's willing to put their neck on the block please post your results on the forum!

Joe

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npf1

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The exemption from the RCD is dependent on you being able to prove (although there no guidance as to what constitutes proof) that the boat had been in or to a European Economic Area country prior to June (?) 1998. Note that not all dependencies of EU countries are in the EEA. Also the EEA agreement was signed in May 1992, which makes me wonder if the pre June 1998 is a misleading - should it really be between May 1992 and Jun 1998? More grey areas from the Eurocrats!

For example, Antiqua, which was a dependency proir to gaining independance, does not qualify to being an EEA country becuase it was independant before the EEA treaty was signed!!

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Rum_Pirate

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For example, Antiqua, which was a dependency proir to gaining independance, does not qualify to being an EEA country becuase it was independant before the EEA treaty was signed!!

I trust that you are probably referring to 'Antigua' rather than "Antiqua" ? ;-)

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