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If you wish to use a private yacht within
European
Union (EU) waters you must be aware of the various Value Added Tax
(VAT)
implications. In principle, all yachts owned or used by EU residents
must have
their VAT paid before they may enter EU waters. An exemption is
possible only
for yachts that are owned by non-EU residents and used temporarily in
EU waters
by a non EU resident (for example a company incorporated
outside the EU or
an individual who normally lives outside the EU).
Important points to be considered for
determining whether or not VAT is payable are the place of purchase of
the
yacht, where the yacht will be used, who is the beneficial owner of the
yacht,
whether the yacht will be chartered out to third parties, and whether
the yacht
will be used by EU residents.
International Ship Registries works closely
together with VAT specialists to provide advice and facilities for the
mitigation, deferment or even possible avoidance of VAT on private
yachts as
well as commercial vessels. Our VAT specialists will be glad to assist
you in
deciding whether you need to pay VAT on your newly purchased vessel. We
are
also be able to explain to you the various possibilities that may be
available
to mitigate, defer or avoid the payment of VAT. Furthermore, the
application of
VAT rules is far from uniform between different EU member states and it
is
highly advisable to take professional advice before a yacht is
purchased or
used by a EU resident.
Through several carefully researched and
structured programmes, qualifying European Union residents may be able
save the
VAT upon acquisition of their yachts maintained and navigated in EU
waters. There
are a number of such schemes available to reduce or completely avoid
payment of
VAT. These include registration of the yacht as a commercial vessel and
various
charter arrangements.
In general, however, only in relatively
few cases will it actually be advisable to consider such schemes,
namely in the
case of genuine charter arrangements. VAT rates throughout the EU vary
substantially (from 13% in Madeira/Portugal to more than 20% in most
other EU
countries). It may therefore be advantageous to pay VAT in a country
with a
lower rate of VAT, and in some countries there are cash flow advantages
due to
the way VAT is levied. As an example, if an Isle
of Man
company acquires a vessel for the purpose of chartering the vessel, the
yacht
need not sail to the Isle of Man
and VAT due
on acquisition will not need to be paid up, the payment and repayment
being
made on an accounting basis only.
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