Help required: exporting boat to the EU

Hi all,

I think I need to speak to an expert, but I have no idea who.

I own a 2007 Jeanneau Sun Odyssey 30i. She is moored in Gosport.

I am now resident in Portugal, but hold UK citizenship, and wish to move the boat to the Algarve soon. The first leg of this will be sailing to Cherbourg.

I understand I will need to pat VAT immediately upon import, based on the current value of the boat.

This is annoying and financially burdensome, but it is what it is. Is there someone I can talk to, either based in the Solent, or Cherbourg (but English speaking: I speak Portuguese but my French is rusty as hell), who can assist with the bureaucracy and maybe help get a valuation that’s low but believable? Any personal recommendations?
I don't think anybody here will be of any help as this is an EU/Portuguese issue.
However you will almost certainly be able to avoid paying VAT as you have become an EU resident and EU law (same as UK law) allows people taking up residence to bring with them personal goods and chattels (which includes private leisure craft) without paying VAT. This is the guidance for the UK but it is cut and paste from the EU law that applied before Brexit so the principles are the same. It is Portuguese customs you need to speak to to determine the actual process locally.

www.gov.uk/guidance/transfer-of-residence-to-great-britain

Suggest you make the connection in Portugal first as it may well be possible to get the process of importing into Portugal clear before you leave. In theory as the boat is currently a "UK" boat it is permitted to cruise in the EU for 18 months under TA BUT you are no longer a UK resident although you may be able to appear so on your entry into EU in France although there is obviously some risk in doing this.

On balance then getting things sorted at the Portuguese end is better.
 
To me it look like you want todothe right thing but you concerned is sailing through France you going to have a problem,
if that’s the case just let me say since brexit we sailed in southern and northern Europe and noe one given a dam where the boat has came from or how long it’s been in the EU , basically no body care , just make sure you’re passport is up to date with stamps so one problem don’t lead to another .
as already said no one here is going to advise you ,
what you will get is people guessing,

once back In Portugal it won’t be difficult to find a good tax adviser .
good luck
 
In 17 years in Portugal, I'v never been asked for proof of VAT on the boat, same in France and Spain. Personally, I would just sail through France and Spain as a tourist, not declaring you have residence and play it by ear. When leaving Spain, declare you're sailing out of EU and get exit stamps on passports.

We've visited most marinas along the west coast and Algarve over the years and all they ask for is passports, insurance and registration. As a resident, your boat could well have been here on B day and I'm sure with some constructive thinking, something could be produced to confirm that.
 
In 17 years in Portugal, I'v never been asked for proof of VAT on the boat, same in France and Spain. Personally, I would just sail through France and Spain as a tourist, not declaring you have residence and play it by ear. When leaving Spain, declare you're sailing out of EU and get exit stamps on passports.

We've visited most marinas along the west coast and Algarve over the years and all they ask for is passports, insurance and registration. As a resident, your boat could well have been here on B day and I'm sure with some constructive thinking, something could be produced to confirm that.
Oh Graham I’m shocked, I taken you to be a very law binging guy :)
joking apart , I never know to be asked for VAT prove of actually where i resided .
iknow what I be doing .
 
In 17 years in Portugal, I'v never been asked for proof of VAT on the boat, same in France and Spain. Personally, I would just sail through France and Spain as a tourist, not declaring you have residence and play it by ear. When leaving Spain, declare you're sailing out of EU and get exit stamps on passports.

We've visited most marinas along the west coast and Algarve over the years and all they ask for is passports, insurance and registration. As a resident, your boat could well have been here on B day and I'm sure with some constructive thinking, something could be produced to confirm that.
Thanks. The problem is that when I enter the EU, passport control will know I have residency.
 
Thanks. The problem is that when I enter the EU, passport control will know I have residency.

How will France and Spain know if you don't show your residence card, which isn't noted on your UK passport. Until the new EU database becomes active, AFAIK there's no way to track people through the various countries. My wife for instance travels to/from the UK on her UK passport but, at passport control in Portugal, goes through on her citizen card in maiden name as she doesn't have residence in UK married name, never had any queries.
 
I don't think anybody here will be of any help as this is an EU/Portuguese issue.
However you will almost certainly be able to avoid paying VAT as you have become an EU resident and EU law (same as UK law) allows people taking up residence to bring with them personal goods and chattels (which includes private leisure craft) without paying VAT. This is the guidance for the UK but it is cut and paste from the EU law that applied before Brexit so the principles are the same. It is Portuguese customs you need to speak to to determine the actual process locally.

www.gov.uk/guidance/transfer-of-residence-to-great-britain

Suggest you make the connection in Portugal first as it may well be possible to get the process of importing into Portugal clear before you leave. In theory as the boat is currently a "UK" boat it is permitted to cruise in the EU for 18 months under TA BUT you are no longer a UK resident although you may be able to appear so on your entry into EU in France although there is obviously some risk in doing this.

On balance then getting things sorted at the Portuguese end is better.
Not so I,m afraid. Import of personal belongings has to be done during process of taking up residency.
Too late now as op is already resident.
 
Not so I,m afraid. Import of personal belongings has to be done during process of taking up residency.
Too late now as op is already resident.
There is sometimes a bit of leeway for importing big "difficult to move" things. Worth talking to some one.

A friend of mine who did this for his Corvette he imported from California was never challenged or asked about import tax. All that was mattered was that he had a rear fog light. American Corvettes don't have one so he had to fit one.
 
There is sometimes a bit of leeway for importing big "difficult to move" things. Worth talking to some one.

A friend of mine who did this for his Corvette he imported from California was never challenged or asked about import tax. All that was mattered was that he had a rear fog light. American Corvettes don't have one so he had to fit one.

There may be a bit of leeway for those who formally immigrated and gave up UK residence but for those who just arrived and registered their residence before Brexit as EU citizens, Lusitano is correct. We accompanied a friend to customs in Faro, they wanted €8k to import his €1k Spanish registered Merc and he had to provide documentary proof he had given up his Spanish residency and all sorts of other hoops to jump through. In the end, he didn't bother.
 
Thanks. Will definitely talk to them.

I am concerned, however, that as an EU resident, waiting until I get to Portugal will result in the French and Spanish coming after me for tax evasion. My understanding is that the tax is payable at the port of entry into the EU
I’m no expert and I don’t know if this would work BUT there is no obligation for you to export the boat for 18 months. If you were just cruising for that time and then decided to ’export’ the boat, having arrived somewhere, wouldn’t that give you the time to make your arrangements?
Oops. Beaten to it by Tranona…
 
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I’m no expert and I don’t know if this would work BUT there is no obligation for you to export the boat for 18 months. If you were just cruising for that time and then decided to ’export’ the boat, having arrived somewhere, wouldn’t that give you the time to make your arrangements?
Oops. Beaten to it by Tranona…

My understanding is that an EU resident has to pay VAT (and maybe duty?) when importing a boat but, I don't know whether that's at the port of entry or, his/her country of residence. 18 months TA can't be used.

There are hundreds of UK flagged boats here, many owned by residents who have never been asked to provide proof of VAT payment. There are of course some folks who worry about such things and go looking to hand out money and there are those who don't declare having residence, except at the airport, and wait until caught out - if ever.
 
If you create a U.K. Ltd Co, transfer ownership to that company and put the boat on the U.K. registry (not the SSR) does that mean it does not fall liable to EU VAT? I am not an accountant/ tax lawyer and it feels like that’s a loophole. Obviously there are costs in doing this and possibly other downsides, which may mean even if it’s viable that you don’t want to do it.
 
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