Case File
efta-efta01106889DOJ Data Set 9OtherMOORE STEPHENS
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DOJ Data Set 9
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efta-efta01106889
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MOORE STEPHENS
BJAV Marine Limited
26-28 Athol Street
Douglas
Isle of Man
IM1 1JB
Our Ref:
001825—GA—TARJ
Date/ax Point:
01 January 2015
Tax Invoice No:
106022
Moore Stephens Trust Company Limited
Jubilee Buildings, Victoria Street
Douglas, Isle of Man IM1 251i
T
+44 (0)1624 699108
F
♦44 (0)1624 699001
VAT Registration Number 001 3729 24
BJAV MARINE LIMITED
Professional services rendered in connection with:
GBP
VAT
VAT
GBP
Provision of an Isle of Man place of business for the 12
months to 31 December 2015.
3,000.00
20.00
600.00
The compliance maintenance fee for 2015.
500.00 ,
20.00
100.00
Preparation and submission of the annual Isle of Man income
tax return.
300.00 '
20.00
60.00
VAT Agency Fee for the 12 months to 31 December 2015.
1,500.00 /
20.00
300.00
Value added tax
1,060.00
TOTAL
6,360.00
Payment may be made either by :
1) Direct Transfer
Bank details for direct transfer are:
Account Number - 58884047
IRAN no - GB58R8OS18588058884047
Sort Code — 16-58-80
BIC - RBOSIMDX
The Royal Bank of Scotland International Limited
2 Victoria Street. Douglas. Isle of Man, IM99
2) Cheque
Please send to the address above.
PLEASE STATE INVOICE NUMBER
TERMS: Payment Is due on receipt of the invoice
EFTA01106889
VAT SOLUTIONS
FOR YACHT OPERATING BUSINESSES
This information sheet covers the main issues faced
by yacht operation businesses that register for Value
Added Tax (VAT) in the Isle of Man. It outlines the
main VAT liabilities arising from the operation of your
yacht business and the rules and procedures
involved.
1. Can I register my yacht operation business for
VAT in the Isle of Man?
Yes.
The Isle of Man (IOM) is treated as a part of the UK for
the purposes of the EU Single Market, introduced in the
European Union (EU) with effect from 1st January
1993. Therefore IOM businesses enjoy practically the
same rights as UK and other EU businesses.
By locating your yacht operation in the IOM. you can
acquire awlhe benefits that VAT registration confers
on a business within the EU. The key requirement for
VAT registration is that you demonstrate to Isle of
Man Customs & Excise (IOMCE) that y
yaceht
operation business is clearly set out on a commercial
basis:
You do not have to be an Isle of Man incorporated
yacht owner to register for VAT. However, if
incorporated elsewhere you will need to have a "place
of business" in the 1OM. Entering the IOM Foreign
Companies Register and having a local business
address fulfill this requirement. For this purpose we
would required the following Registration Documents:
-
Duly certified copy Memorandum and Articles of
Association
or
equivalent
constitutional
documents. Certification must be either by the
original Companies Registry where company was
formed or by an officer of the company under
oath. If the original document is not in English
then it must be translated into English;
—
Full list of the officers of the company; and
-
Government registration fee of (currently) £160
2. What is involved in the VAT registration
process?
A specified application for VAT registration has to
be completed and submitted to IOMCE together
with a completed Yacht Questionnaire. The
purpose of these forms is to enable IOMCE to
assess the suitability of the applicant to be
registered for VAT as a business and to identify
the yacht and where and how it would be carrying
out charters.
Additionally, the following support documentation
has to accompany the application for VAT
registration:
— Covering letter describing the proposed venture
— Detailed business plan
— Bill of Sale/Purchase Invoice
— Boatyard's/Builder's agreement (if vessel is
under construction)
— Certificate of vessel registry (if completed
vessel)
— Central Charter Agent Agreement
— For Charter Vessels (MCA Certificate or
equivalent)
— For Charter Vessels (copy of current insurance
certificate showing specific authorisations)
— Intended or actual contractual arrangements
with end users
— For leased vessels (lease agreement)
Upon receipt of a valid and supported application
for registration, IOMCE issue, usually within 7 to
10 days, a VAT registration number, unique to
that person, and a Certificate of Registration
showing the registered person's details.
In particular, the Certificate of Registration
indicates the periods for which the person will be
required to submit VAT retums.
3. What about registration of the yacht
itself?
Strictly speaking, the "flagging" of a yacht owned
and used as a business asset is only of
secondary importance to the VAT man. Of far
greater relevance is the commercial purpose to
which the yacht is put.
However, registering your yacht under a particular
flag (e.g. under the British or Red Ensign flag
available in several jurisdictions Including the
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VAT SOLUTIONS
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IOM) is considered a mark of high quality and
proof of adherence to international maritime laws.
Thus the registration of your yacht may have
wider commercial implications for your charter
business. Because registration is essentially a
vessel's passport to sail international waters, it is
an area that needs to be carefully considered and
dealt with well in advance of delivery and —
preferably — in advance of ownership.
4. What happens when I purchase my yacht
from an IOM/UK/EU supplier?
You will either be charged VAT (in the case of an
IOM/UK supplier) or will be required to account
for acquisition tax (in the case of an EU supplier
to whom you have quoted your VAT number).
So if you are a business or you intend to operate
your yacht as a business within the EU, you
should ensure that you are registered for VAT
before you purchase your yacht.
5. What is "acquisition" and "acquisition
tax"?
"Acquisition" is the word used to describe a
purchase from an EU member state other than
the one in which you are registered for VAT.
"Acquisition tax" is the VAT liability that arises
from this acquisition.
If you are registered for VAT in the UK/IOM and
you purchase a yacht from an EU supplier, your
acquisition tax is payable in the destination
country of the yacht. Normally this means that
your new yacht must sail from your supplier's
state to the UK/IOM.
But, if you are a VAT registered UK/IOM yacht
operation business you can, under EU legislation
(the 'fall-back` provision), account for acquisition
tax on your new yacht without the yacht having to
physically sail to the UK/IOM.
6. What does accounting for acquisition tax
Involve?
This involves submitting a VAT return evidencing
the acquisition of the yacht. As with other goods,
it does not necessarily mean that you need actual
cash to pay your VAT liability to IOMCE. This is
because as a business you are also entitled to
deduct the VAT for which you are liable
immediately. Matching the liability to pay and your
right to deduct in the same VAT return can
neutralise the tax.
Once the acquisition of the yacht has been
satisfactorily evidenced, Customs & Excise will
issue
your
business
with
VAT
paid
documentation, which you should carry onboard
yacht at all times.
The VAT paid documentation ensures that so
long as your business remains the owner of the
yacht, it will not be required to account for
acquisition tax in any other EU member state.
For the planning and execution of such an intra-
Community acquisition of the yacht, which yields
a VAT paid status for the yacht, we charge a
specific fee.
7. Can I account for acquisition tax if I
purchase my yacht from a non-EU
source?
No.
You will generally be required to account for
import VAT at the port of the first entry of the
yacht into the EU. And in the UK/IOM you can
only account for import VAT via Customs entry if
the yacht physically sails into the customs port in
the IUK/IOM. We plan and execute direct
importation of the yacht into the UK/IOM for
yachts that choose to enter the EU through the
UK/IOM. We charge specific fee for this service.
However, there is a perfectly legal alternative
route to use if for logistical or other reasons the
yacht cannot physically sail into an UK/IOM port.
This is called Onward Supply Relief (OSR) or,
more
commonly,
the
'4200
procedure".
Essentially, the yacht has to sail to the port of first
entry in the EU to be processed and issued with
Customs stamped import documents. Because
the yacht owning entity would already be
registered for VAT in the IOM where the import
VAT due would ultimately be accounted for,
Customs at the first port of call in the EU would
conditionally suspend the VAT liability due on
import.
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We use Malta for OSR because they currently
impose the least onerous conditions on the
procedure and because Customs there are
specifically committed to this procedure.
For the planning and execution of the OSR
procedure, which yields a VAT-neutral status for
the yacht, we charge a minimum inclusive fee.
8. What about Temporary Importation?
Under EU law, a yacht intended for charter
cannot generally be brought into EU waters under
"temporary
importation"
(TI)
arrangements.
However, if the yacht is to be used privately by
non-EU established persons identified as such to
the authorities then it may be admitted into the
EU for up to a period of 18 months. The yacht
must be registered outside the EU and there are
other restrictive conditions.
If the yacht is entering the EU for repair or refit it
can do so under a different kind of Customs
procedure known as Inward Processing Relief
(IPR — "perfectionnement act?' in French). IT and
1PR yachts are not entitled to access some of the
tax advantages reserved for VAT registered or
commercially operated yachts.
9. And what about the French Commercial
Exemption (FCE)?
Under FCE it is permissible for a commercial
yacht to operate in France without a liability to
French VAT if the yacht:
-
possesses
a
Commercial
Registration
Certificate issued by any sovereign Ship
Registry
—
has a permanent crew, and
—
operates bona fide commercial charters at all
times.
The problem is that FCE is only valid in France.
Also, because there is no identity documentation
to evidence adherence to this regime, your yacht
may be open to attack by other EU Customs
authorities where you plan to carry out charter
operations outside French territorial waters. There
are also significant constraints on private or non-
commercial use of the yacht under FCE. Also, the
European Commission has recently declared the
FCE as not compliant with the wider EU VAT law
and directed that it be changed.
Therefore the most assured option for a
commercial yacht looking to charter in the EU is
to operate within the VAT system by registering
for VAT.
10. Why should I register for VAT and what
rights and obligations follow from such
registration?
Registration is a key aspect of EU VAT law and
practice. By registering, a person joins the
register of taxpayers held by the authorities. It is
also through this registration that a person's
returns and payments (or reclaims) are made.
Each registered person has a unique nine-digit
VAT registration number and in the UK/IOM this
number is prefixed by the "GB" country code.
Registration for VAT may be determined by two
sets of factors. Firstly, there is a compulsion to
register where the authorities determine that a
person has become liable to register. This liability
may be triggered by factors such as their turnover
in the EU or whether they acquire a yacht already
being used for charters in the EU, which they
intend to continue to operate in the EU. Secondly,
a person may choose to register under certain
circumstances.
Both sets of factors apply to yacht owners
operating in the EU, but the second set of factors
tends to be more common. Owners would choose
to register in the IOM as part of their risk
management to avoid being obliged to register in
a different EU country (e.g. where the yacht
actually sails), where registration would most
likely trigger a liability to other types of taxes —
corporation tax, wealth tax, capital gains tax, etc.
These taxes do not apply in the 1OM.
More crucially, yacht owners would register to
avoid being deprived of the right to deduct input
tax that they incur on their purchases within the
EU. This includes the input tax on the purchase or
importation of the yacht itself. That right to deduct
VAT only comes with registration for VAT.
Registration also enhances the status and the
standing of the owning company, which is then
recognised as an EU-established business.
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VAT SOLUTIONS
FOR YACHT OPERATING BUSINESSES
The above rights of a VAT registered person are
matched by corresponding obligations, notably
the obligation to charge VAT when it is due under
the rules and to maintain proper accounting for
VAT on an ongoing basis through regular VAT
returns.
Please be aware that by registering for VAT in the
IOM, IOMCE will require the business records in
full to be produced for inspection at the business
address within the Island. They also prefer to
have the bank account details of the registered
person on the Island. Accordingly, we would
normally recommend that a bank account for
VAT-related transactions is opened in the IOM.
11. What Is involved in maintaining proper
VAT accounting and keeping the VAT
registered person in good standing?
Legally, VAT returns can be made monthly,
quarterly or yearly. In practice, most VAT returns
are made quarterly, although some registered
persons may opt to make their returns monthly if
they are consistently in a repayment position - i.e.
if their trading position is such that they are
regularly reclaiming VAT from C&E rather than
paying it. We would normally inform you of the
VAT period for each company and the applicable
deadlines once your company is registered.
At the end of each VAT period, we need to fill in a
VAT Return for the VAT registered yacht owner.
A return tells IOMCE:
—
how much VAT it charged to its customers,
and how much it owes to IOMCE on other
supplies it has made
—
how much VAT it is entitled to claim back
-
the amount of VAT it must pay to IOMCE or
the amount of VAT it can get repaid by
IOMCE
-
the total amount of sales (charters) and
purchases it has made
-
the total amount of goods sold to customers
or purchased from suppliers in other EU
countries.
Your business accounts for VAT on an accrual
basis, not on a cash basis. This means that all
invoices issued or received with dates falling
within the accounting period must be brought to
account, regardless of whether they have been
paid or not. You should include all such invoices in
the information that you send to us for the VAT
return.
12. What are the applicable deadlines for
filing VAT Returns and making or
receiving payments?
There are specific deadlines for making VAT
returns and they normally fall on the last day of
the month following each VAT period. Any VAT
payments to Customs are payable at the time
when the return is made; however repayment of
reclaims are made only after Customs have
received and accepted each retum, usually within
2 weeks of making the return.
IOMCE do impose various penalties for returns
that are made consistently late.
It is also normal for IOMCE to want to visit a
registered person's IOM business premises at
least once every 2 to 3 years to inspect the
business records and accounts.
13. What If I don't get any charters in a
particular VAT period?
It is not an offence for there not to be charters of
a registered person's yacht for a while. But, as for
any business, Customs do expect the search for
opportunities to be real and genuine.
Where no charters are secured in up to one
season they would want to know why and would
require evidence that the search for charters
during that period has been earnestly pursued.
They may request such evidence in the form of
website advertising; offers received and rejected;
relevant copy correspondence, etc.
14. If my company buys and operates a yacht
for third-party charter on which it has
deducted VAT, can I personally use the
yacht too?
Yes, but you must do so on commercial terms.
Remember that the basis on which your yacht
operation company will be registered for VAT in
the IOM is commercial. This means that it should
be evident from the company's records that it
seeks to either make a return on the investment
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VAT SOLUTIONS
FOR YACHT OPERATING BUSINESSES
in the yacht over a reasonable period, or at the
minimum seek to recover the capital outlay and
the costs incurred in repair and maintenance over
the period of the business venture.
Therefore if you as beneficial owner wish to use
the yacht occasionally or otherwise, you will be
deemed to be the charterer or hiree and should
expect to be charged by the company at the
normal commercial rate.
Like other EU authorities, IOMCE are very
sensitive to abusive use of the VAT system. They
have therefore issued the following important
statement in respect of the use of a yacht within a
charter structure by the individual who funded its
purchase:
For the avoidance of doubt, unacceptable charter
structures may be challenged on the grounds that they
meet the two-part test for abuse. Where the features of
an unacceptable structure are not present (le. where
the vessel is chartered to third parties with sufficient
continuity and substance to meet the business test as
well as being chartered to the owner) it follows that the
structure will M amount to an abusive practice. In
these circumstances the VAT treatment of use by the
owner well follow the normal VAT rules i.e. the same
VAT treatment that applies when the yacht is chartered
to third parties."
This means in effect that they will not insist that
the beneficial owner of the yacht pays VAT on his
use of the yacht, so long as that use is within the
strictly normal commercial context in which the
yacht operates. However they would expect the
usual charter contract with commercial rate to be
put in place, with the VAT registered legal owner
actually receiving payment of the sum in full.
On the other hand, yachts operating within the
VAT system that are used
-
solely by the individual who funded its
purchase (directly or indirectly); and/or
-
by a person or persons "connected" to that
individual; or
—
if it is chartered to third parties as well, the
third party chartering activity lacks sufficient
continuity and substance to meet the
'business test'
may be deemed to be abusive.
15. How are the charters that I provide treated
for VAT purposes?
VAT applies to yachts as both goods (the yacht
itself when it is purchased) and services (the
exploitation of the yacht for income on a
continuing basis).
We have explained above why it is essential for
the legal owner of a yacht that will operate
charters in the EU to register for VAT in the EU;
how to bring the yacht into the system and
account for VAT on its hull value so that the yacht
is recognised as "EU goods' with free circulation
rights in the EU. We also covered the rights and
obligations of the legal owner within the VAT
system and the benefits of operating within the
wider EU VAT regime, as opposed to the
parochial tax exemption or the limited tax
suspension, regimes.
But it is also important to understand how the
chartering services that you provide are treated
for VAT purposes. This is because even though
you are registered for VAT in the 1OM, the yacht
will be sailing and providing charters across the
EU.
The key is in the "place of supply" rules. VAT on
services is generally paid at the place where the
service is supplied, which often coincides with the
place where the supplier is established. For
charters of yachts and other means of transport,
however, the rules do differ according to whether
the yacht is on "short term" hire (where the hiree
has continuous possession or use of the yacht for
up to 90 days) or "long term" hire (where the hiree
has continuous possession of the yacht for over
90 days.) Tax is due on short term hire at the
place where the yacht is actually put at the
disposal of the customer; whereas for long-term
hire it is at the place where the hirer is
established.
You are more likely to provide short-term
charters, so in principle your VAT liability falls
where your yacht is physically located for that
purpose. This incidentally is an advantage,
because places like France and Italy, for the time
being at least, do not require any VAT to be
charged on such charters under specified
conditions that you would likely meet. Therefore
your charter activity would neither in practice be
subject to VAT there nor in the 1OM.
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VAT SOLUTIONS
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So your IOM VAT registration enables you to be
legally exempt from charging VAT on your charter
business if your commercial yacht is located in
France (or Italy or Malta), while giving you the
right to deduct VAT on some major costs across
the EU. This makes the administrative duties and
costs associated with maintaining your VAT
structure well worthwhile.
16. What if my charter activity takes place in
Spain or Greece?
Both Spain and Greece do not allow VAT free
charters in their territorial waters. Moreover, these
countries have extra rules as to licensing of
charter activity and the flagging of your yacht.
Complying with their extra requirements often
means payment of additional taxes. Therefore if
your yacht is to be located in these countries, you
should seek specific advice to ensure that you are
happy to bear these taxes.
Your charter yacht can nevertheless visit these
countries, so long as the charter actually begins
and ends outside. You can also use your GB VAT
number to secure VAT exemption on supplies
received from local suppliers under the general
VAT rules.
17. As a VAT registered person, what types of
supply can I normally expect to get tax
free and where?
VAT is a consumption tax often charged at the
point of purchase. However, there are additional
rules when supplies are made between two VAT
registered entities within the EU.
UK Suppliers
As the UK and IOM are deemed to be the same
domestic VAT
area,
goods
and
services
purchased from UK suppliers should normally
include VAT.
Because your business is registered for VAT in
the UK/IOM it can recover UK/IOM VAT charged
by suppliers on its VAT returns, subject to the
normal rules.
Goods purchased from EU VAT Registered
Suppliers (Not including UK/IOM)
The majority of goods purchased by your
business from EU VAT registered suppliers can
normally be zero-rated for VAT purposes under
intra-Community rules, as long as:
o
Valid EU VAT registration numbers for both
parties are shown on the invoice concerned;
and
o
The goods in question are removed from the
EU territory of purchase or installation.
Therefore, when goods are purchased from EU
VAT registered suppliers, your business should
routinely provide the supplier with a copy of the
VAT registration certificate and (if required)
commercial yacht registration certificate.
18. Given the French Commercial Exemption
(FCE), what can I expect when making
purchases of excisable goods from French
suppliers?
Excisable goods Include fuel/lubricants, alcohol
and tobacco products.
Under FCE, French Customs have determined
that yachts are only entitled to VAT free fuelllubes,
alcohol and tobacco if they are engaged in the
performance of a valid charter contract at the time
of purchase. VAT and heavy penalties are
increasingly being imposed on yachts that have
taken these items VAT free but cannot provide
relevant evidence.
If your yacht is operating under a current charter
contract, your business should provide any French
supplier with:
-
A copy of the VAT registration certificate.
-
A copy of the commercial yacht registration
certificate.
—
A crew list, and
—
A valid charter contract.
If your yacht is NOT operating under a current
charter contract it may still benefit from the intra-
Community VAT exemption on purchases from
ship's chandlers, refit works and other contractors
— for example, suppliers of spares/parts. You
should provide the French supplier with:
-
A copy of the VAT registration certificate, and
-
A copy of the commercial yacht registration
certificate.
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Yes.
19. What is so peculiar about excisable goods
and why are there special rules in the EU?
Excisable goods are subject to excise duties in
addition to VAT. Apart from being governed by
extra rules under EU law, they are a significant
source of public revenue in all EU countries.
Consequently, the supply of these products is
subject to strict controls.
Under the VAT legislation, all EU member states
should exempt from VAT "the supply of goods for
the fuelling and provisioning of vessels used for
navigation on the high seas and carrying
passengers for reward or used for the purpose of
commercial, industrial or fishing activities..?
However, most EU member states interpret and
apply this provision such that the exemption
applies only to merchant and cruise ships. This is
because these vessels generally and regularly ply
their trade in 'the high seas". Indeed, the
European Court of Justice case law has tended to
favour this interpretation.
France is fairly unique in allowing owners of
commercial yachts to make tax-free purchases of
fuel and other excisable goods under their official
FCE rules.
Italy and Malta have largely followed the French
example so far (requiring identical evidence from
qualifying yachts); but because their rules are less
yachting-specific, suppliers of these goods there
vary in their approaches on the matter. We would
simply recommend that if your yacht meets the
requisite conditions you seek out suppliers who
are able and willing to supply these products tax-
free in these countries.
Tax-free excisable goods are generally not
available in the UK/IOM, Spain, Greece, Germany,
the Netherlands and most other EU countries,
except in very specific circumstances where your
yacht makes a "fuel stop" and you can provide
satisfactory evidence that the yacht will depart the
EU immediately after.
20. Are there any goods and services on
which I cannot avoid VAT even with my
IOM VAT registration?
Certain goods and services purchased from EU
suppliers will be subject to EU VAT that cannot be
avoided. This list includes, but is not limited to:
-
Purchases from supermarkets and other local
shops, which use electronic point of sale
receipts - where the supplier is unable to
produce separate VAT invoices.
-
Land based fees, such as utilities (water and
electricity and gas), port and harbour fees.
-
Goods that are not removed, normally within
30 days, from the EU territory of purchase
following purchase or installation.
The types of purchases described above are
generally for values that are small in nature
compared with other purchases. Although there is
a legal mechanism which allows for VAT
registered businesses to recover EU VAT incurred
on such purchases, the process is complicated
and time consuming. It may not be cost-effective
to undertake for the amounts of VAT involved.
We would recommend, where any EU supplier
(not including UK/IOM) considers charging VAT on
significant purchases of goods and/or services,
that you contact our office so that we may advise
according to the situation.
21. What about goods that I purchase outside
of the EU?
Goods purchased by your business whilst your
yacht is outside of the EU (e.g. in the Caribbean)
would not be subject to EU VAT. It may be
possible that a local sales tax would be charged
and where this happens recovery will be unlikely.
22. When the yacht is in the EU and I purchase
goods from non-EU suppliers, which I then
import, do I have to pay VAT?
Yes.
Goods purchased from non-EU based suppliers by
your business, which are then imported into the
EU would normally be subject to import VAT and
duty at the point, and in the EU country of
importation.
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However in certain circumstances — e.g. where a
tender or spares to your commercial yacht are to
be imported into the EU - we would normally
advise and intervene on your behalf so as to
achieve tax-free importation.
23. What happens when as a VAT registered
person I sell my yacht?
The VAT treatment will depend on where the
yacht is at the time when you sell it, as well as the
VAT status of your customer. Three possible
scenarios are:
i.) IOM/UK VAT registered operation sells the
yacht to an IOM/UK/EU customer and the
yacht is in EU waters at the time of sale.
VAT is due to be declared on the sale by the
/OM operation in the member state where the
yacht is located. Where the purchaser is in
the UK/IOM, IOMCE would accept a transfer
of going concern (TOGO) treatment if the
relevant conditions are met. TOGC ensures a
VAT-free sale of the yacht, but the procedure
must be managed skilfully . The customer
must register for VAT with IOMCE too and
provide evidence of its intention to continue a
similar charter business.
ii.) IOM VAT registered operation sells the yacht
to any customer and the yacht is outside EU
waters at the time of sale.
This supply would be outside the scope of EU
VAT and no VAT would be due on the sale
provided the IOM operation could show that
the yacht had left EU waters at the time of
sale. However, it the yacht were to return to
the EU, VAT would be payable by the new
owner at the first port of entry in the EU.
iii.) IOM VAT registered operation sells the yacht
to another yacht operation business that is
registered for VAT in another member state
and the yacht is in the other member state's
waters.
If the VAT number of the customer has been
provided and shown on the sales invoice then
VAT need not be accounted for by the /OM
operation. The IOM yacht operation business
would complete an EC Sales List and the
customer would declare on their VAT return,
in their member state, acquisition tax on the
yacht.
Several other scenarios are possible. Therefore
you should consider these matters carefully and
notify us before you sell your yacht.
24. What
happens
to
my
VAT
Paid
documentation when I sell my yacht?
You should return any VAT Paid documentation
to IOM Customs. The documents are valid only
for you and in no circumstances should you
transfer them to the purchaser of your yacht.
25. What do I need to do then to de-register
my company for VAT?
If de-registration Is appropriate, you will need to
submit an application to IOMCE. In order to
process
this
application
and
approve
deregistration, IOMCE would need to be satisfied
that the sale of the yacht used in the business
has been properly and correctly accounted for.
The information above is only an outline. It is based on
information available at the time of writing which may
not be current at the time of reading. It is not intended
to be comprehensive and so may not be relevant or
appropriate to specific needs or requirements. No
responsibility can be accepted to any party seeking to
rely on the information provided. In all cases you
should seek professional advice specific to your
circumstances.
For further information, please contact Ayuk
Ntuiabane or Grant Atchison:
MOORE STEPHENS TRUST COMPANY
liTED
Box 25, 26-28 Athol Street, Douglas, Isle of Man
1BD
Telephone:
Facsimile:
E-mail:
00 44 1624 662020
00 44 1624 662430
[email protected]
Licensed by the Isle of Man Financial Supervision
Commission as a Corporate Service Provider
Moore Stephens Isle of Man is an independent member firm of
Moore Stephens International Limited
0 MOORE STEPHENS TRUST COMPANY
27 October 2010
EFTA01106897
MOORE STEPHENS
TRUST COMPANY LIMITED
VAT Procedure 4200 00P via Malta
Captain's Guide
1. BEFORE
(a)
- Exchange Captain telephone numbers and e-
mail addresses with Maltese Agents;
- Advise Maltese Agents of yacht entry into Malta -
we will attend to this;
- Advise Maltese Agents of berthing requirements
for stay in Malta based on vessel dimensions.
(b) We need the foHowing documents in hand -
they should be provided immediately if they have
not yet been sent to us:
- Last few pages of the Vessels' Log book
which cover the period 1 week prior to arriving in
Malta;
- Copy current Insurance policy;
- Copy Certificate of Vessel Registration:
"'Copy purchase contract;
„ie Copy Bill of Sale from previous owner to
Company for valuation purposes.
It is very important that an entry for the sale of the
Vessel is made in the logbook and dated when in
International Waters and prior to arrive/ in Malta.
The narrative for the logbook entry may read as
follows:
Transfer of ownership from XYZ (8V0 to )O(X
Limited (IOM) - Bill of Sale dated (date in
International Waters)"
2. DURING
(a) On arrival in Malta, the captain should contact
the Maltese Agents and prepare the following for
inspection:
- Original and complete Log book;
- Original insurance policy;
• Linginal Certificate of Vessel Registration.
Separately, we will provide the Maltese Agents
with an invoice and a nominal Bill of Sale for
valuation purposes.
The Maltese Agents will also help the Captain to
complete a 1 page importation form on board.
(b) The Maltese Agents will then co-ordinate the
boarding and inspection of the Vessels and their
documentation by Maltese Customs and Excise.
(c) Following the inspection and processing of
documentation by Maltese Customs, importation
documentation will be issued to the captain and
clearance for departure will be granted.
3. AFTER
(a) Following departure, the Vessels should steam
directly to another EU port;
(b) The captain may be asked to present the
importation documentation obtained in Mate to
the customs authorities in the next EU port;
(c) The captain should also obtain evidence of
entering another EU country (docking slip, berth
bill, port authority confirmation and such like will
do) and send it either to us or directly to the
Maltese Agents. This wit complete the obligations
of the captains in respect of importation.
The information above is only an outline. It is
based on information available at the time of
writing which may not be current at the time of
reading. It is not intended to be comprehensive
and so may not be relevant or appropriate to
specific needs or requirements. No responsibility
can be accepted to any party seeking to refy on
the information provided. In all cases you should
seek professional advice specific to your
circumstance&
For further information, please contact us:
MOORE STEPHENS TRUST COMPANY
SITED
Box 25. 26.28 Athol Street, Douglas, Isle of
Man IM99 1BD
Telephone:
FacsknIle:
E-mail:
00 44 1624 662020
00 44 1624 662430
mail emoorestephens,co,im
Licensed by the Isle of Man Financial Supervision
Commission as a Corporate Service Provider
O MOORE STEPHENS
TRUST COMPANY
I
3ImMweh 2009
LIMITED
EFTA01106898
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