majdrew
regular
Reged: 10/05/2008
Posts: 23
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Hi Everyone!
I plan to buy a Tayana 37 in the US, to liveboard and cruise, mainly Med/Carib, and sometimes quick visits to the UK, for a guinness, then I'll be off again..
Do I have to pay VAT/import tax, when I reach the EU? Even though I will be visiting temporarily?
And do I have to comply with this CE/RCD thing that I read about?
Would it simplify things if I were to register her outside the EU? Is it even possible?, or do I have to register under the UK flag, as I am a UK citizen. I understand I can register her as foreign company owned, but I don't want the complications involved with this.
Any advice gratefully received!
Regards, Mark.
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majdrew
regular
Reged: 10/05/2008
Posts: 23
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I read that if the boat has been in EU waters before 1998, then the RCD certification is not required..
The boat I am interested in was built in 1985, and possibly/probably has visited the EU before that date.. but how could i find out/prove it??
Regards, Mark.
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Kitten_Felix
regular
Reged: 13/04/2008
Posts: 56
Loc: Chester. UK
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hi there,
i have been looking into the same thing, i had one return mail from the tax people, it stated that if i live on the boat, outside euro waters for one year. then it could be treated as you PPR personel primary residence. when i asked then how i can prove this one returning to euro waters they wont reply. i have been told, (and i think it is good advice.) check with a tax accountant/lawyer. nobody i seem to ask will give a straight answer. the key thing seems to be stay out of euro waters for a year, or failing that just pay the tax and reg it as a cat D craft. there do seem to be some bloody good prices in the states right now. dealer i have spoken with say the prices are down 20% due to the credit thing. sorry if this dont answer your question, if you get a better result than i have. please put it on here. cheers and happy hunting
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 Have fun and play nice with everyone
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Captainslarty
regular
Reged: 12/08/2007
Posts: 2012
Loc: Currently La Coruna Spain
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Kitten, a friend of mine bought the same boat as the poster mentioned, tayana 37 in FL.
was out of the country for 18 months. when he brought it back the tax people refused to accept it as Personal import.
they wanted proof of resindential status in the country outside of the eu. Ie, you must be RESIDENT outside the eu.
To the poster, you will be immediately liable for vat if you return to eu waters.. the only grace period of 18 months is offered to NON EU citizens.
It is a minefield.. we looked into it at length 5 years ago and gave it up as it was too much hassel.
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PM me for info re SSB's etc. Bought, sold, repaired, fitted and optimised.
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majdrew
regular
Reged: 10/05/2008
Posts: 23
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I have researched this a bit and come to these conclusions..
I will have to pay vat when I reach EU waters, no matter how long I've been away, but can pay the vat in the Azores, where it's less, at 12.5% {I wonder if vat is less in the French Caribbean Islands, and I could pay the vat there...}
RCD..
proof of being in EU waters before 1998, would be for example, marina/boatyard repair receipts. This includes French/Dutch Isles in Carib.
If no proof/not visited EU, then RCD certification required, costs about 2-5K for this size boat. [37']
That would be to do it all by the book... I'm not sure I would bother with the RCD.. it seems unlikely to be caught without a certificate, and not really a problem unless I wanted to sell the boat in the EU, when it would be impossible without. But plenty of other places to sell if I wanted too..
Regards, Mark.
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Captainslarty
regular
Reged: 12/08/2007
Posts: 2012
Loc: Currently La Coruna Spain
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Hiya Mark
Not that I would suggest this
But, it HAS been known.. that some seriously unscrupulous people.......... 
errr.. find a marina that has closed in the EU - or changed hands, and, a company of the same ilk in the EU.. photocopy an old bill to prove they were their, and, vat receipt for the sale of the boat in the EU.. or make one up in the name of such a genuine now defunct marina or company... edit with paintshop pro.. then apply a mild cold tea solution to age the paper..
Problem solved.. NOT of course, that I would personally recommend doing it this way so as to be logistically untraceable...
BUT................. hmmm
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PM me for info re SSB's etc. Bought, sold, repaired, fitted and optimised.
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majdrew
regular
Reged: 10/05/2008
Posts: 23
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hmmmmm....... 
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Wightknight
regular
Reged: 30/10/2007
Posts: 32
Loc: South Wight
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A couple of points that might help
1) If the boat has been used in EAA waters before the RCD implimention date (It is something like 16 July 1996?) then it is exempt having to conform to the RCD requirements. If you have proof ie marina bill, notarised statement from a previous owner etc then CEProof can, for about £150, issue you a statement in all the EU languages to state that you are exempt from the RCD.
2) I gather, from hearsay, that if you enter the EU via the Azores you can either tell the Portugese vat man the value of your boat for VAT purposes or allow him to determine the value. If he determines the value, you can officially challange his value and then pay the VAT. If you do this then no other VAT authority can ask for more VAT if they think the value was to low. (I need to check this out thoughtly myself before coming back accross the pond.)
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Talbot
regular
Reged: 23/08/2003
Posts: 12405
Loc: Stavanger, Norway
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I believe that you can bring the boat into the EU without worrying about RCD and CE provided you do not intend to sell in the EU. The import tax is another problem.
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"Be wary of strong drink. It can make you shoot at tax collectors - and miss."
Robert A Heinlein
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Bejasus
regular
Reged: 09/06/2002
Posts: 5486
Loc: Savannah 32 00.50N - 80 59.90W
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Vat in the Azores is now 15% there is nowhere now in the EU with a rate less than this, although soem of the newer member states were given a period of grace for boats that were already registered there when they joined. I think Malta was one such example.
RCD/CE compliance is required if you wish to sell the boat in the EU and it is not exempt. If you have no intention of selling the boat in EU waters then it may be possible to ignore it, although if you are officially importing the boat, then that may be a different matter.
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'Bejasus'
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