By DariaBlackwell - 3 Feb 2020
Consequences of the UK's withdrawal from the EU on recreational boats will concern not only customs but also have an indirect tax dimension. The relevant legal bases to which will be further referred in this letter are: the Union Customs Code (UCC) - Regulation (EU) 952/2013 (OJ L 299/1 of 10.10.2013) - the supplementing Commission Delegated Regulation (EU) 2015/2446 (UCC-DA) (OJ L 343/1 of 29.12.2015) and the Commission Implementing Regulation (EU) 2015/2447 (UCC-IA) (OJ L 343/558 of 29.12.2015) for the customs issues. For indirect taxes it concerns the Council directive 2006/112/EC (the VAT Directive) (OJ L 347/1 of 11.12.2006).
Where the recreational boat has been released for free circulation at import in the EU or has been manufactured in the EU, it has obtained the customs status of Union goods. 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. This was also mentioned in a Brexit preparedness note from the Commission, published on 30 January 2018: https://ec.europa.eu/info/sites/info/files/file_import/customs_and_indirect_taxation_en.pdf. Following the Brexit preparedness notice mentioned above, a specific notice on VAT was published on 11 September 2018: https://ec.europa.eu/info/sites/info/files/value-added-tax_en.pdf.
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.
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By Sven Aaen - 23 Mar 2020
+xConsequences of the UK's withdrawal from the EU on recreational boats will concern not only customs but also have an indirect tax dimension. The relevant legal bases to which will be further referred in this letter are: the Union Customs Code (UCC) - Regulation (EU) 952/2013 (OJ L 299/1 of 10.10.2013) - the supplementing Commission Delegated Regulation (EU) 2015/2446 (UCC-DA) (OJ L 343/1 of 29.12.2015) and the Commission Implementing Regulation (EU) 2015/2447 (UCC-IA) (OJ L 343/558 of 29.12.2015) for the customs issues. For indirect taxes it concerns the Council directive 2006/112/EC (the VAT Directive) (OJ L 347/1 of 11.12.2006). Where the recreational boat has been released for free circulation at import in the EU or has been manufactured in the EU, it has obtained the customs status of Union goods. 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. This was also mentioned in a Brexit preparedness note from the Commission, published on 30 January 2018: https://ec.europa.eu/info/sites/info/files/file_import/customs_and_indirect_taxation_en.pdf. Following the Brexit preparedness notice mentioned above, a specific notice on VAT was published on 11 September 2018: https://ec.europa.eu/info/sites/info/files/value-added-tax_en.pdf.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.
As an EU citizen living outside the UK, however having my boat registered in Great Britain, and have paid VAT in the EU, I wonder how the legal status will be if the boat is neither in UK waters or EU waters when entering 2021.
I suppose that quite a few boats unexpectedly may end up in this situation as a consequence of the Corona virus impact on traveling, closing of boarders, and harbors.
E.g. I am now in the Caribbean with my boat, and my original plan was to leave from here before the start of the hurricane season, and cross the North Atlantic and arrive in the Medeteranian and stay in an EU country, so my boat's status after having it re-registred in an EU country, would be an EU boat after 2020. The present conditions may not make it possible to follow this plan.
There is still a couple of months available to find out about the Corona virus consequences; however if there is any information available about this situation, I would be greatful to learn about it. Thank you in advance.
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By DariaBlackwell - 23 Mar 2020
+x+xConsequences of the UK's withdrawal from the EU on recreational boats will concern not only customs but also have an indirect tax dimension. The relevant legal bases to which will be further referred in this letter are: the Union Customs Code (UCC) - Regulation (EU) 952/2013 (OJ L 299/1 of 10.10.2013) - the supplementing Commission Delegated Regulation (EU) 2015/2446 (UCC-DA) (OJ L 343/1 of 29.12.2015) and the Commission Implementing Regulation (EU) 2015/2447 (UCC-IA) (OJ L 343/558 of 29.12.2015) for the customs issues. For indirect taxes it concerns the Council directive 2006/112/EC (the VAT Directive) (OJ L 347/1 of 11.12.2006). Where the recreational boat has been released for free circulation at import in the EU or has been manufactured in the EU, it has obtained the customs status of Union goods. 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. This was also mentioned in a Brexit preparedness note from the Commission, published on 30 January 2018: https://ec.europa.eu/info/sites/info/files/file_import/customs_and_indirect_taxation_en.pdf. Following the Brexit preparedness notice mentioned above, a specific notice on VAT was published on 11 September 2018: https://ec.europa.eu/info/sites/info/files/value-added-tax_en.pdf.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. As an EU citizen living outside the UK, however having my boat registered in Great Britain, and have paid VAT in the EU, I wonder how the legal status will be if the boat is neither in UK waters or EU waters when entering 2021. I suppose that quite a few boats unexpectedly may end up in this situation as a consequence of the Corona virus impact on traveling, closing of boarders, and harbors. E.g. I am now in the Caribbean with my boat, and my original plan was to leave from here before the start of the hurricane season, and cross the North Atlantic and arrive in the Medeteranian and stay in an EU country, so my boat's status after having it re-registred in an EU country, would be an EU boat after 2020. The present conditions may not make it possible to follow this plan. There is still a couple of months available to find out about the Corona virus consequences; however if there is any information available about this situation, I would be greatful to learn about it. Thank you in advance.
Sven,
I am afraid that many systems are going to be upended as a result of the coronavirus pandemic. I have heard that registering a boat in Holland is very easy but don't have any personal experience. Perhaps you can contact a registration company to see what they recommend.
Daria
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