Non EU vessel visiting EU waters.......VAT?

Bejasus

Bejasus

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Hypothetical question.

If I purchase a vessel in the USA, and leave it US registered in SWMBO's name(US citizen), if I bring it to the EU, a. how long can I stay in EU waters and b. how long must I leave for before I can re-enter?
 
The answer to the 1st question is 18 months. I think they might get a bit suspicious if they see you with an EU passport and a boat registered outside the EU. They are likely to do you for VAT regardless.
 
You could just telephone custom and excise and ask exactly but it is not too long - with the correct paperwork about 12 months tops and thats all of the EU... I think you cannot re-enter for at least 12 months after that. US friends of mine doing it legit have had major problems - one got a £2,000 fine from the French for overstaying their welcome - mind you French and yanks...
 
I may have an EU passport, but SWMBO is US citizen with US passport, and question was if vessel was registered in the US in her name. I think you may be correct about the 18 months bit. I seem to recall an article in Cruising World to that effect.

I think the same article mentioned how long you had to leave for, may have been 1 or 3 months. Just thought someone on here may know for sure. Perhaps I should try the same question on the Cruising World forum.
 
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I may have an EU passport, but SWMBO is US citizen with US passport, and question was if vessel was registered in the US in her name.

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What I was saying is that the customs may well see this as a ruse. Let's be honest, it is really, isn't it? If they do so thay may decide you are evading (not avoiding) tax and do you for it. If the registration is Part 1 and all the shares are in her name you may be on firmer ground but if it's SSR you'll need some convincing proof that she owns it outright and you have no financial interest. Tread with care, remembering that HMC&E are a law unto themselves and almost completely non-accountable. And that's just the British ones!
 
You can stay for 18 months; it used to be 6 months but that was changed in 2002. How long you must be out of the country between cruising permits seems to be the difficulty. It may be that the clock restarts when you have returned from a non-EU or non-EEA country, rather than after a stipulated time. In other words, you cannot have consecutive cruising permits.
If the boat is state registered in the US, you may need to have additional proof that SWMBO is the owner of the boat to satisfy UK authorities. If you have the boat Coast Guard Documented then it can only be US owned, so no problem there. However, you, as a non-US citizen, cannot own it or skipper it - so SWMBO is indeed the boss! You will be just the deck hand.
 
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What I was saying is that the customs may well see this as a ruse. Let's be honest, it is really, isn't it?

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Not really, as after several years the boat would be returning to the US and I am not sure if it's reflagged, that I would then have to pay tax again to the US, when we return there, probably for good.
 
Reeds almanac states non EU boats can visit EU for 6 months in any 12, which is not extendable by moving to different EU state. The only way this is extendable is by getting written permission from the state it is present in at the time of application (and may only aply to the boat remaining in that state)!
However it is the boats and the owners status that makes the difference so while your wife is a non EU citizen, Customs officials may not take too kindly to the fact that you are an EU citizen and clearly wangling it to get out of paying (in their eyes)!
 
We are on a Norwegian yacht, crusing mostly in EU for 6 years. Till now (touch wood) nobody has asked about how long we have stayed. During the winther in Almerimar, we were bonded, and that was accepted by the Italian Guarda di Finanzierea, Gaeta.
As to the the time outside EU. Do not pose the problem. Pose the fact that you cleared out of Tunisia, Croatia on that specific date. Then you should be eligible for another 18 months. All depend on the local authorities. How they interpret the rules (Italian version) and how you behave. Remember, we are in foreign (theirs) waters as a guest. Behave like a guest should do. Our experience is that you are treated similarly.
 
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