Boat in bond in Italy

[sailorDave]

We are an American sailboat and plan to winter in Italy. Probably near Rome. Our 18 months is up in April 2008. Do the Italians have a way to place the boat in “bond” or some such to stop the 18 month clock? May we still liveaboard, in the water, as long as the boat does not move? Spain seems to usually allow that, but the “rules” seem to vary.

If this is already covered elsewhere, please forgive me and point me in the right direction with links, etc. I did spend an hour trying to solve this myself, but often all the info was available and I just goofed.

Thanks,

Dave & Janet
ALEGRIA

 

[jimbaerselman]

Can't answer the 'boat' bit about Italy. I'm just checking that you're aware of the (separate) personal visa issue - usually 90 days in Europe before renewal is required.

Apologies if you already know this . . .

 

[Anonymous]

Hi David and welcome to the forum

When you say that your "18 months is up in April 2008" you mean that you will have been in the EU 18 months, in April, not that you have been in Italy for that time (which I know, as you were here in Almerimar last winter and I last saw you in San Antonio in July).

You have got two issues, I think. First is you liability for Value Added Tax on a vessel being used in the EU and second, your de facto residency if you spend more than 6 months in any one country, which is not really an EU issue; you would become de facto resident in Outer Mongolia if you stayed there for more than 6 months.

Taking the second issue first, I don't believe that you can reset the clock for residency simply by leaving the country for a day or so - the rule is 6 months in any calendar year (i.e. Jan to Jan). As for the VAT, I seem to remember that there was a rule that allowed you to reset the clock if you left the EU for even a very short time - but I cannot be sure of that. If that is the case then you could go somewhere like Tunisia or Morocco and even, perhaps, Ceuta or Melilla, which although they are Spanish enclaves are not actually part of the EU.

If you were to go to Italy for the winter then you would not have any problems associated with residency until July 2008 - it is the VAT EU issue that is less clear. Maybe someone else can shed some light on that.

 

[HenryB]

David,
There is a lot of information about EU regulations on Noonsite, take a look at

http://www.noonsite.com/General/EuropeanUnion
and
http://www.noonsite.com/Members/webmaster/R2002-06-10-15

This page states -
[ QUOTE ]

Customs regulations have been largely harmonised and non-EU flagged vessels may now spend a maximum of eighteen months within the EU, whether in only one or in several of the EU countries. Those who wish to remain longer in any one EU country must deposit the ship's papers with the local customs office, who will put the vessel under bond, or seal. The clock will then be stopped until the owner returns on board. During the period the vessel is in bond, the boat must not move from its berth, and the owner or crew are not allowed to sleep on board, although they may visit the boat and also carry out a certain amount of work.


[/ QUOTE ]

 

[santeana]

Welcome Dave and Janet,

Picking up from Lemain, I just had a quick look at http://www.noonsite.com/Countries/Italy/?rc=Formalities#Restrictions If I've understood correctly, this seems to confirm that provided the boat is bonded and sealed by customs you are free from VAT liability (unless you move the boat). Although not mentioned on Noonsite I, like you, understood you are able to continue to live-aboard whilst in the bond period. Contact with RYA ( http://www.rya.org.uk/ or tel 44 (0)23 8060 4103 - Legal Department) should be able to satisfy your questions if others here are unable to so do.

Cheers, Ron.

 

[bbg]

From the EU website:

EU website

It looks like 18 months. Time spent laid up is not counted, but overall limit of 24 months.

 

[Anonymous]

I think that the EU website you have given a link to has all the answers including the full official text for those interested. I thought that the following was the most interesting...

[ QUOTE ]
Can you have another period of Temporary Importation? How long must you wait?

Yes, you are not limited to a single period of temporary import. You can sail the yacht out of the EU and when you came back again for another holiday a new period of temporary importation can begin. The customs rules do not provide for a 'minimum period' during which the goods must remain outside of the customs territory of the EU. "


[/ QUOTE ]

So if you pop out of the EU for 24 hours or so, the clock is reset - official! Tunis would be ideal south of Italy, or Morocco - say Smir - south of Spain.

 

[bbg]

Would Monaco count? It isn't in the EU. And very convenient from Rome.