sailaboutvic
Well-known member
Quick one - will any of this matter on a pre 1985 boat?
It didn't before so can't see why it should matter after we/if leave
Quick one - will any of this matter on a pre 1985 boat?
Graham , I'm not sure I would worry about that , we know many that's been out of the EU a lot longer then three years , returning back no one question it .
Mac.Thanks, Chris: that decision seems to have passed me by. Now all we need to know is when Brexit will actually happen, which is far from a given. I anticipate plenty of last-minute Channel crossings (actual or virtual).
Do you have a source for your info, or more chapter and verse? And do you happen to know whether the UK indicated its own decision on the same issue?
Fair winds.
Mac.
CA had a letter as did the RYA from the Commission to that effect. See Brexit forum on CA.
Thanks, Chris.
Just to be sure, are you referring to this thread, and in particular the letter quoted in post #1 ?: https://www.theca.org.uk/node/39284
Looks like the death-knell for T2L: whatever a form from HMRC Salford might state, a UK vessel located outside the EU on Brexit day will cease to be union goods. End of.
Sounds draconian, I know, but it's identical in kind with the test for boats "deemed VAT-paid" back in '92.
Since my earlier post I've found similar (but undated) information on the RYA site: https://www.rya.org.uk/knowledge-advice/current-affairs/Pages/no-deal-Brexit-scenario.aspx. The European Commission letter quoted on the CA site is rather more compelling, though. That being the case, would there be any objection to the gist of the letter (or, with permission, the whole of it) appearing on this forum? Or perhaps it has already and I've missed it?
This makes absolute perfect sense and, as I suggested in #79, the reverse will apply to boats located in the UK on B day - they will assume UK VAT paid status. My cousin Seamus who happens to be in Hollyhead with his boat on B day will be able to apply for re-importation to the EU on his return to Dublin and presumably his English mate David who was in Le Havre on the same Day will be able to avail of similar re-importation procedures when he returns to the UK.I think as I not showing the whole wording it should be ok .
“after the UK’s withdrawal from the EU or the end of the transition period in case a Withdrawal Agreement with a transition period is concluded, in general, any goods in the customs territory of the UK will lose their Union status and will become UK goods,” and that “The customs status of a UK boat will depend on its location at that point in time: if the boat is located in an EU port or sails in EU territorial waters, it will keep its Union status; if the boat is located in the UK, its status will be that of a third-country boat when arriving in the territorial waters of the Union, i.e. it will be treated as non-Union goods. Customs controls for such UK boats will be the same as for boats coming from a third country”.
1. Where VAT on pleasure boats was concerned, the T2L was always a total red herring.
2. As to the broader issue of VAT on UK registered vessels post Brexit - nobody knows. It’s all speculation.
This makes absolute perfect sense and, as I suggested in #79, the reverse will apply to boats located in the UK on B day - they will assume UK VAT paid status. My cousin Seamus who happens to be in Hollyhead with his boat on B day will be able to apply for re-importation to the EU on his return to Dublin and presumably his English mate David who was in Le Havre on the same Day will be able to avail of similar re-importation procedures when he returns to the UK.
Mac.
CA had a letter as did the RYA from the Commission to that effect. See Brexit forum on CA.
Maybe I'm confusing myself - wouldn't be the first time. I'm assuming however that [without some sleight of hand] every concerned boat will either have EU customs status or UK customs status on B day depending on it's physical location on the day. So in the case of a UK owned boat on tour in the Med for instance it will acquire EU customs status and presumably lose it's UK customs status. If the owner then decides after a year or two to relocate the boat back to the UK presumably there will be a mechanism for him to do so without paying UK VAT.You've lost me there, Rover. What is this application for re-importation process of what you speak? As it now stands, it involves handing over large wads of dosh. Perhaps you're expecting returning goods relief, which may be possible? It would certainly be inequitable were it otherwise. (But then the equivalent condition for "deemed VAT paid" boats back in the day was also unfair in exactly the same way.)
I'd have to say, though, that an Irish boat in an Irish port, or a UK one in a UK port, is scarcely likely to arouse suspicion. Who's going to check where it was on B-day, even if they had the means to do so? Just carry on sailing.
Mac. Been away this weekend so a bit slow picking up things.Chris,
Vic kindly stepped in on your behalf.
Another thought: with the inevitable confusion that will arise after Brexit day, especially amongst officials, a copy of the Commission's letter might be a very useful thing to have on board (obviously in conjunction with evidence of the boat's being in the EU on B-Day). Could you suggest to the CA that such a copy be downloadable to members in the same way that various DEKPA documents already are?
You might also have seen that I've remarked on the CA thread about an apparent anomaly about the letter. That being so, it may be that there's further correspondence with the Commission to clarify.
... If the owner then decides after a year or two to relocate the boat back to the UK presumably there will be a mechanism for him to do so without paying UK VAT.
Mac. Been away this weekend so a bit slow picking up things.
It would be sensible to have a downloadable copy on the site. I will talk with them.
I guess that's the sleight of hand I mentioned - be advisable then for any UK boat owners who want flexibility for sailing and selling in the future to head for Ireland or the continent on B day and get a nice clear dated marina or mooring receipt.I'd hope that's the case, but I'm not at all sure it's inevitable. As said, possibly 'returning goods' allowances might apply. But even if not, many such boats would have an original UK VAT invoice. Assuming the owner doesn't shop himself, who's to know the difference?
The approach contained in the Commission letter has the attraction of extreme simplicity. And, cf my first paragraph...a degree of, er, "flexibility"
I guess that's the sleight of hand I mentioned - be advisable then for any UK boat owners who want flexibility for sailing and selling in the future to head for Ireland or the continent on B day and get a nice clear dated marina or mooring receipt.