Lizzie_B
Well-Known Member
That's exactly my point. It's alright to say the law says this or that, but when faced with an official in port who thinks otherwise, it is often best not to argue to strongly.
do i need the ICC cert to go into marinas in europe
- Thread starter oceanventure2
- Start date
G
Guest
Guest
There seems to be a gap between the HMCE's understanding of the posish and others'. Have a look at the RYA website bit about VAT.
Sea Devil
Well-Known Member
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But not according to HMCE who were responding to just that problem being put to them. As far as they were concerned other EU countries eg the French, had no right to ask for proof of VAT paid status or VAT exempt status of british registered vessels. Therefore they did not need to issue any sort of document that could be presented to prove VAT status to eg French Customs. The only thing they had a right to examine was the VAT status of goods I might be carrying on board if I was clearing EU customs in France having sailed into EU waters from outside, but if I was not entering EU from outside they had no jurisdiction.
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OK - I was being too simplistic in my statement - The C&E - Gendarmeri of any EU country can question people in their territory. When I was first in France, as a resident, I did not understand that with a Brit registered boat, I was required as a resident of France, to have a French Boat licence (tax).
As I was being interviewed in a very general and friendly way this gradually came out - followed by where I had brought the boat? Where had I sailed in from - etc.
So whilst the C&E have no jurisdiction over the VAT status of a boat they do have every right to be satisfied that VAT has been paid within the EU and the boat is legal.
But not according to HMCE who were responding to just that problem being put to them. As far as they were concerned other EU countries eg the French, had no right to ask for proof of VAT paid status or VAT exempt status of british registered vessels. Therefore they did not need to issue any sort of document that could be presented to prove VAT status to eg French Customs. The only thing they had a right to examine was the VAT status of goods I might be carrying on board if I was clearing EU customs in France having sailed into EU waters from outside, but if I was not entering EU from outside they had no jurisdiction.
[/ QUOTE ]
OK - I was being too simplistic in my statement - The C&E - Gendarmeri of any EU country can question people in their territory. When I was first in France, as a resident, I did not understand that with a Brit registered boat, I was required as a resident of France, to have a French Boat licence (tax).
As I was being interviewed in a very general and friendly way this gradually came out - followed by where I had brought the boat? Where had I sailed in from - etc.
So whilst the C&E have no jurisdiction over the VAT status of a boat they do have every right to be satisfied that VAT has been paid within the EU and the boat is legal.
Lizzie_B
Well-Known Member
Only if you're a resident -of that country EG France, bit they have no legal jurisdiction over the VAY status of someone resident in the UK who has popped over for his holiday cruise.
Of course if you become resident in a country you sre subject to their rules. If I became resident in the US where I keep my boat I would become liable to the tax's and rules of the state I lived in or the state of 'primary use' for my boat.
Of course if you become resident in a country you sre subject to their rules. If I became resident in the US where I keep my boat I would become liable to the tax's and rules of the state I lived in or the state of 'primary use' for my boat.
G
Guest
Guest
The fact I'm not German resident didn't stop the German customs in my case. Nor did they accept the original Bill of Sale showing a sale between two Brits in Britain. In the end they only accepted the original VAT builder's invoice.
G
Guest
Guest
I find the range of replies amazing ... and very few have actually answered in the way that original poster wanted - that is actual first-hand experience.
It then diverts to VAT ......
It then diverts to VAT ......
G
Guest
Guest
The problem is it depends on the country. The answer is yes for some, no for others. Also, in many countries in theory even the ICC isn't enough. And you have to an expert on local law for each country to give a definitive answer.
But the real answer is - it's safer to have one, and if you have one, you should practically speaking be OK pretty much anywhere.
But the real answer is - it's safer to have one, and if you have one, you should practically speaking be OK pretty much anywhere.
Lizzie_B
Well-Known Member
Exactly.!!! /forums/images/graemlins/confused.gif