A different EU v UK question on boat place

ColleyV8

ColleyV8

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I'm a UK resident and national, but, found out as I was born in Southern Ireland, I am automatically an Irish citizen and can get dual nationality and passport etc

Without VAT implications, would this mean I could keep a boat in the EU, e.g. the med, for more than the 90 in 180 day rule?

If so could I buy a boat out there and keep it there indefinitely
 
ColleyV8 said:
I'm a UK resident and national, but, found out as I was born in Southern Ireland, I am automatically an Irish citizen and can get dual nationality and passport etc

Without VAT implications, would this mean I could keep a boat in the EU, e.g. the med, for more than the 90 in 180 day rule?

If so could I buy a boat out there and keep it there indefinitely
Click to expand...
You can keep a boat in the EU as long as you like regardless of whether you're an EU or UK resident. What you can't do as a UK citizen is be in the eu for more than 90 days in 180 rolling period,ie you personally can't stay but your boat can stay as long as you want as long as vat is paid.

Being an Irish citizen means YOU can stay as long as you want , afaik.
 
Don't mix up VAT with the 90/180 day rule.

VAT
As a non-European, you can buy a new boat in the EU without paying VAT as long as you take it out of the EU within 18 months. You only need to go out for one day and back before the 18 months is due to start another 18 months. This is the TA rules.

90/180 days
As a non-European you can only spend 90 days in any rolling 180 days in the Schengen EU.

As an Irish national living in the UK, I think you will have to look into whether you can have the best of both worlds.

As @julians says, anyone can "keep" a boat in the EU as long it is EU VAT paid or following the TA rules.
 
90 in 180 rule has always been there .No change post brexit .Pre brexit folks and officialdom never checked nor enforced it .That’s on the books to change in euro land too enforcement.
Idea is you should pay taxes in the country you spend most of your time in .
Pretty simple really .A lot don‘t and abuse the freedom of movement ethos .Ie Germans scheping around Iberia in van

Post brexit Brussels has started to enforce it on U.K. citizens.
How ever you can apply for long stay visa s always have been able to .A few on here with a marina berth letter and short appointment at the French embassy have successfully gained 6 months long stay visa .Nothing new there they are actually doing it properly.Should have always done that but never bothered as the wider EU never checked .

Remember there are plenty of other 3 p s languishing in the EU with long stay visa s .

A EU passport might seem a short term solution for folks wanting to not officially bother with visas , ( they always should have );but once Brussels get there act together re 90 in 180 with there own citizens to rebase the “ paying tax in the state where you spend most time rule “
with this - ETIAS.

Theres a myth floating about you lost something with Brexit .You didn’t.You just have to do things properly.
 
"VAT
As a non-European, you can buy a new boat in the EU without paying VAT as long as you take it out of the EU within 18 months. You only need to go out for one day and back before the 18 months is due to start another 18 months. This is the TA rules."

And as a dual national (UK &Irish) could I move to the EU and take my UK VAT paid boat with me and not pay EU VAT provided it left for a day every 18 months?
 
ss2016 said:
And as a dual national (UK &Irish) could I move to the EU and take my UK VAT paid boat with me and not pay EU VAT provided it left for a day every 18 months?
Click to expand...
I don't know.
You have a more complex situation than we usually see on here.
More advice needed.
I'm not an expert.

However, the spirit of the legislation seems to me that the boat is classed as "goods"
So I would think it would need to be made an "EU good" (thus requiring a VAT payment) if you move it to the EU.
This also seems to be an EU issue rather than a UK one.
But, as I say, I'm not an expert.
 
Hurricane said:
I don't know.
You have a more complex situation than we usually see on here.
More advice needed.
I'm not an expert.

However, the spirit of the legislation seems to me that the boat is classed as "goods"
So I would think it would need to be made an "EU good" (thus requiring a VAT payment) if you move it to the EU.
This also seems to be an EU issue rather than a UK one.
But, as I say, I'm not an expert.
Click to expand...
I believe that it's residency that's relevant for TA, not nationality.

So to answer the OP's question, his dual nationality is irrelevant other than for overcoming the 90 in 180 day rule.
 
Portofino said:
A EU passport might seem a short term solution for folks wanting to not officially bother with visas , ( they always should have );but once Brussels get there act together re 90 in 180 with there own citizens to rebase the “ paying tax in the state where you spend most time rule “
with this - ETIAS.
Click to expand...
90 in 180 is far more restrictive than 182 in 365. You do realise that don't you?
 
@petem .
Its all in my post #5 .inc the link .
At the risk of repetition 90 in 180 had always been there and yes the French man visiting Spain should adhere .As I said a lot don’t.But that’s gonna change .
 
ColleyV8 said:
I'm a UK resident and national, but, found out as I was born in Southern Ireland, I am automatically an Irish citizen and can get dual nationality and passport etc

Without VAT implications, would this mean I could keep a boat in the EU, e.g. the med, for more than the 90 in 180 day rule?

If so could I buy a boat out there and keep it there indefinitely
Click to expand...
Get you and yours an Irish passport as fast as you can - DO NOT DELAY!
As an EU citizen you can live and work anywhere in the EU no problem. As a tourist technically you are limited to 180 days in every 365. Pretty much nobody checks if you have the right passport. Doesn't matter what colour it is either. If you end up with a boat in EU waters just keep your boarding passes as proof of coming and going.
I assume your boat was bought in the UK. If so, if you want to enjoy future EU based boating, sell it in the UK, you wil get a good price as good boats are scare in the UK because moving EU boats in and out has big financial and certification penalties.. And then buy another one at a sensible price within the EU then you can go where ever you want.
 
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Kashurst, this is part of my 5 year plan, I have boats here in the UK and just buying a another one hopefully this week

I am looking at selling a property in Scotland in next few years and looking for new or newer sail catamaran similar to lagoon 46

Was working on semi retirement with work from boat consultancy and some time back in UK where I live in Wales

Residency and tax issues need advising obviously, but sure dual nationality will help
 
Hurricane said:
I don't know.
You have a more complex situation than we usually see on here.
More advice needed.
I'm not an expert.

However, the spirit of the legislation seems to me that the boat is classed as "goods"
So I would think it would need to be made an "EU good" (thus requiring a VAT payment) if you move it to the EU.
This also seems to be an EU issue rather than a UK one.
But, as I say, I'm not an expert.
Click to expand...
I also had same situation ie right for an Irish passport which I gratefully accepted. No have a boat in Greece although it was in the EU - Italy - over B ye so VAT ok. Herewith my thoughts

1. The Irish passport means no 90/180
2. The air ish passport means you are sipping Pina Coladas on the beach as the rest of EasyJet is clearing immigration. Heaven
3. If boat is considered VAT paid then nationality is irrelevant as everyone suggests already
4. To the point above that I believe is a matter of how you choose to play it. You have the luxury of choosing which passport you use. Therefore I believe that @Hurricane point is valid ie your boat could be considered a U.K. boat. BUT if you use your U.K. passport then it is not unless someone decides to investigate which I can assure you won’t happen or at least very very unlikely. So I think it is all about your risk tolerance versus paying another VAT charge.
 
There's some mixing up here.

As an Irish citizen (passport holder) you can personally spend as much time in EU as you wish, without being subject to the 90/180 day rule.

VAT on your boat depends on where you reside. Actually, the word used in the EN version of the laws is "belong" not "reside", but that usually means your country of residence (provided you reside in only one country - ask again if you reside in 2).

VAT on your boat has absolutely nothing to do with citizenship, and nothing to do with which passports you possess or choose to use.

If you reside/belong in UK (and not Ireland or any other EU country) then you can import a boat into EU and use it without it being EU vat paid, for 18 months maximum, after which it must leave (briefly at least) which usually means Tunisia, Gibraltar, Montenegro or Turkey. Also, it must be flagged outside the EU.
 
Portofino said:
90 in 180 rule has always been there .No change post brexit .Pre brexit folks and officialdom never checked nor enforced it .That’s on the books to change in euro land too enforcement.
Idea is you should pay taxes in the country you spend most of your time in .
Pretty simple really .A lot don‘t and abuse the freedom of movement ethos .Ie Germans scheping around Iberia in van

Post brexit Brussels has started to enforce it on U.K. citizens.
How ever you can apply for long stay visa s always have been able to .A few on here with a marina berth letter and short appointment at the French embassy have successfully gained 6 months long stay visa .Nothing new there they are actually doing it properly.Should have always done that but never bothered as the wider EU never checked .

Remember there are plenty of other 3 p s languishing in the EU with long stay visa s .

A EU passport might seem a short term solution for folks wanting to not officially bother with visas , ( they always should have );but once Brussels get there act together re 90 in 180 with there own citizens to rebase the “ paying tax in the state where you spend most time rule “
with this - ETIAS.

Theres a myth floating about you lost something with Brexit .You didn’t.You just have to do things properly.
Click to expand...
That is just absolute nonsense. Prior to Brexit there were no limitations for UK citizens to visit, live or work in the EU. That is what freedom of movement was all about and was lost when the UK left the EU.

The only thing that is vaguely correct is that the Schengen 90/180 day rule for third country citizens has always been there. Just did not apply to UK citizens pre Brexit because they were EU citizens. BTW Schengen is not the same as the EU. Ireland is not in Schengen (just as the UK has never been) but is part of the Common Travel Area which is the UK, Ireland, Channel Islands and IOM. However Irish citizens are also EU citizens and enjoy freedom of movement in the EU as well as in the UK.. Hence the comment in post#3. Irish citizens enjoy freedoms that no other European or UK citizens do.
 
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Hurricane said:
I don't know.
You have a more complex situation than we usually see on here.
More advice needed.
I'm not an expert.

However, the spirit of the legislation seems to me that the boat is classed as "goods"
So I would think it would need to be made an "EU good" (thus requiring a VAT payment) if you move it to the EU.
This also seems to be an EU issue rather than a UK one.
But, as I say, I'm not an expert.
Click to expand...
This is not correct.

To OP: if you move your personal residence from outside the EU into the EU, you can bring your boat with you and it becomes VAT paid in the EU (in "free circulation") without you having to pay EU VAT. There are quite a lot of detailed conditions to get this relief, but they are not difficult and this is quite commonly done. The law is Article 3 of EU Regulation 1186/09. You should get expert help and not rely on a forum like this unless you know how to sort wheat from other solids. Ignoring everything that Portofino says, and following everything that Tranona says, would be a good start :)
 
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