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Brexit Law

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D0bbies View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote D0bbies Quote  Post ReplyReply Direct Link To This Post Topic: Brexit Law
    Posted: 07 January 2021 at 07:58
Hi all,

Will UK boats considering a long term / permanent stay in a European port now be expected to pay import duty?

Is there anyone on the forum that already has a UK registered boat in European waters, i.e. France/Spain with any info?

Cheers
Bob
2005 312, Tiller, Engine 2GM20, SD20 Saildrive. Facnor SD 130 Furler.
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S&J View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote S&J Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 08:45
As far as I know there is no import duty, even for a new boat.
Non-EU VAT paid vessels (which now includes any vessel in the UK on 31/12/2020) need to obtain a TA (Temporary Import) which lasts for 18 months.  This can be "reset" by exiting EU waters for as little as 24 hours.  This allows the vessel to be kept in EU waters without being subject to additional VAT.  I understand (but have no personal experience) that it is possible to extend the 18 month window when the boat is ashore (for the winter?) but only by 6 months.
Note that if you remain out of the UK for more than 3 years, you will need to pay UK VAT (again) on your return.
Individual EU countries have some different tax laws relating to boat ownership for residents, so a Spanish resident has to pay a wealth tax (once) which is a percentage of the boat value.  There may be other countries with similar requirements.  As a UK resident you will not be subject to this.

Perhaps the greater complication are the Schengen 90 day limits.  Tourists are only allowed a visa/entry permit for 90 days within a six month period.  The best way to think of this is a "backwards" count of days within Schengen from today.  When that count reaches 90 within a six month period from the current date, you have to leave.  There are several online and smartphone calculators to assist with this.  It is now imperative that you check in AND OUT of EU correctly (to get date stamps in your passport) to avoid getting caught by this.  In late 2022 the whole process is being computerised with an EU wide system so breaches will be easier to track.

Some countries will allow visa extensions beyond the 90 Schengen days, however these are usually complex.  They often have to be applied for before you leave your country of residence and can only be used AFTER you have used the initial 90 days.  As they are limited to a single country this can cause complications if you need to transit overland through other Schengen countries to return to your country of residence.  

There is no doubt that for UK yachties, sailing in Europe has just become much more complex.  Things are marginally easier for EU yachties coming to UK as they get 180 days in every 365 which should be long enough for most summer cruises.
H458 #159 Primal Mediterranean cruising
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D0bbies View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote D0bbies Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 09:25
Thank you so much for taking the time to write such a detailed and comprehensive message.

Much appreciated
Bob
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Martin&Rene Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 10:11
There was a very comprehensive review of this subject in the Jan 2014 Yachting Monthly magazine.
Martin&Rene Hanse 341 Dipper Wheel steering, 3 cabin layout, normally based in Scotland
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350Bob View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 350Bob Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 11:56
Also much research has been done on this subject by the Cruising Association, they held a webinar on the whole topic of Brexit in December. A video of the webinar is available to non members here: https://www.theca.org.uk/news/rats/brexit_webinar_video.

Bob
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colinc View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote colinc Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 15:50
Good description from S&J.  One thing to add is that for VAT the flag of the boat does not matter.  So you can have a UK flagged boat sailing VAT paid in the EU.   So, for example, if you buy a UK flagged boat that has been in the EU from before this year, and it is "VAT paid", then it can stay as long as it likes in EU waters.  It does have to pay if brought back to the UK.

Another thing UK residents could do is buy a boat in the EU "for export" and so VAT free.  You don't pay VAT unless you stay too long in EU waters without resetting the clock.  That can be extended for years.  US and Australians, for example, have been able to do that for years and so I assume this is now open to UK.


Edited by colinc - 07 January 2021 at 15:58
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Fendant Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 17:52
Colin,

you are correct. 

I am sometimes crewing as Officer on a larger MY under Jersey flag. In October we were in Tunisia for topping up the fuel tanks and then back to Italy. You have to custom document your leave, proof that you were in a non EU harbour ( Passport stamp / Fuel receipt / ..... ) and you have to clear EU customs at reentry.
I assume that this procedure will be applicable now for UK registered yachts.

It was the choice of a non yachting majority

Good Luck


Frank
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colinc View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote colinc Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 18:18
Well there you are.  20% off the price of a new boat anyone?  The first real benefit for UK residents from Brexit ;-)
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samuel View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote samuel Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 19:05
Originally posted by Fendant Fendant wrote:

Colin,
It was the choice of a non yachting majority

Whilst not wishing to make this into a forum rule breaking comment, one does have to wonder if it has occurred to you that a large proportion of the yachting fraternity MAY have put their cross against YES as well? I didThumbs Up

Daydream Believer- Hanse 311- No GBR9917T- Bradwell Essex
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colinc View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote colinc Quote  Post ReplyReply Direct Link To This Post Posted: 07 January 2021 at 19:37
Samuel,

1. I think "non yachting majority" means motor yachts.

2. Note my ;-) indicating ironic comment.  I am a full remoaner but wouldn't dream of having a Brexit debate here.
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