BOAT SALES - VAT - Q&A

In what circumstance is UK VAT Payable on a private Pleasure Vessel?

VAT is payable on a private pleasure vessel when a ‘chargeable event’ occurs. This could be:

a. When a vessel is supplied in the course of business by a taxable person who is (or should be) registered for VAT.
b. When a vessel is imported into the UK from a place outside the EU, and the importer is not eligible for a relief of charges, import VAT must be paid by the person or business importing the vessel. This includes cases where the vessel is imported by rail, cargo ship or trailer.
c. When a UK resident buys a new vessel VAT free in another EU member State under ‘new means of transport’ arrangements, the vessel must be declared on arrival and UK VAT paid.

UK Customs cannot accept a VAT payment unless there is a chargeable event within the UK jurisdiction. Proof that VAT was paid must be retained to ensure that the VAT paid Status of the vessel can, If necessary, be proved. This could be the original invoice/receipt or, in the case of import, the import documentation showing payment of import VAT and customs duty.
The UK will be the vessel’s first port of call in the EU, but, the vessel has not yet arrived in UK territorial Waters. Can the owner arrange a VAT payment with the UK customs before the vessel arrives in UK territorial waters?

An individual cannot choose where VAT is paid, as there are EU laws that determine when the taxis due, HMRC can only assess the VAT due on a vessel being imported into the EU through the UK once the vessel actually arrives in UK waters. Until this happens HMRC cannot be certain that the UK will be the first point of entry to the EU.
Are vessels built and first sold in the UK before 1st April 1973, when VAT was introduced in the UK, considered to be VAT paid ?

Vessels that were in use as private leisure craft prior to 1st January 1985, and that were in the EU on 31st December 1992, have deemed VAT paid status under the EU Single Market transitional arrangements.

Any vessel granted this deemed VAT paid status will retain it unless and there is an unchangeable event (see Q1). The following documents are considered to be useful if it is necessary to prove the age and the location of the vessel:

Age
Marine survey
Registration document
Insurance documents
Builders certificate
Location
Receipt for mooring
Receipt for harbour dues
D ry dock records

Please note that proof of the age alone is not sufficient. If the vessel was not lying in the EU on 31st December 1992, it was not entitled to claim deemed tax paid status. Therefore, when it next entered the EU it would have been classed
as an import and as such VAT would have been due. That is why proof of the location of a vessel is also required.
Where a vessel is being brought back to the EU and the owner is a UK resident and entitled to relief from import duty and VAT under the Returned Goods Relief arrangements, how do they prove this entitlement to a foreign customs official if their first port of entry in the EU is not the UK?

The Returned Goods Relief (RGR) is an EU wide Regime that is operated by all Member States. Provided the vessel is entitled to RGR, a foreign customs official will require exactly the same evidence as a UK customs official.
Details of the documentary evidence that will be needed to support any claim to entitlement under RGR when the vessel is re-imported is set out in Notice 236, ‘Customs: Importing returned goods free of duty and tax’.
If a vessel that qualifies for deemed VAT paid status changes hands outside the EU, for instance, in the Channel Islands, does it lose it’s deemed VAT paid status?

Yes. If the vessel is sold (changes hands) outside the EU it will lose it’s deemed VAT status and will no longer be entitled to the Returned Goods Relief. This means that the vessel will be liable to VAT upon importation into the EU.
Does a pre 1973 vessel which subsequently changes hands outside the EU lose its deemed VAT paid status?

Yes. If the vessel has changed hands outside the EU the importer is not entitled to any returned goods relief and VAT (and if applicable import duty) will be due at the time of import.
When a new country joins the EU, are there vessels lying in it’s waters eligible for deemed VAT paid status, or is this linked to the nationality of the owner, or the country of registration (flag state)?

When a new Member State joins the EU, it is the responsibility of the administration of that country to ensure that all goods which are in their jurisdiction at the time of joining are tax paid. This requirement refers both to the property of that country’s residents, as well as that of people who are visiting that country on the relevant date.
A vessel will be granted VAT -paid status in the Member State concerned provided it is owned and used by a resident of that member State and TAX was paid on the vessel when it was originally purchased. To obtain tax paid status, the owner may have to notify and declare the vessel to the custom authorities in the New Member State. Tax paid status will not be granted to any vessel that was either temporarily present in the New Member Sate, or that was under a transit or temporary importation arrangement.The owner of a vessel lying in the new Member State’s territorial waters under temporary importation arrangements must confirm or ‘regularise’ their tax position with that country’s administration at the time that the country accedes to (joins) the EU. It is the responsibility of the new Member State to establish whether the vessel is already tax paid in the EU . If this is not the case, then the vessel must either pay the appropriate customs duty and import VAT to the authorities, or it must leave the EU. It is important that the owner keeps evidence of the payment of customs duty and/or import VAT.
Provided that the transfer of ownership of the vessel is carried out within the UK/EU does deemed Vat paid status transfer to a new owner with changes in ownership? If so, what documentation (if any) must be passed on to the new owner?

Yes provided the sale is not to a VAT registered business, as this will constitute a ‘chargeable event’ which will affect the VAT status of the vessel (see Q1). The new private owner of the vessel will need to carry a copy of the relevant documentation (which the previous owner should have supplied), to prove the age and location of the vessel on 31st December 1992 when the Single Market was created.
If a UK/EU VAT registered company sells a vessel it owns to a private individual must it charge VAT on the sale?
Normally ‘Yes’. VAT is due on the sale of the business assets (which could include a yacht) If the business has reclaimed the VAT it was charged when the item was purchased. If the business chose not to recover the VAT (input tax) because, for example, the yacht was purchased for the private use of a company Director, then no VAT need to be charged.

Whether or not VAT is, or needs to be charged, is entirely the responsibility of the vendor.If VAT is not charged on the sale, the purchaser is advised to obtain documentary evidence from the seller that the vessel is VAT paid or deemed.
Are the VAT requirements in the EU the same as those in the UK?

All EU countries must comply with the provisions in the EC VAT Directive (2006/112/EC). However, as EU Directives have to be implemented into national legislation, some provisions may be interpreted in slightly different ways. In addition, Member States do have some flexibility about how they implement certain provisions in the VAT Directives such as the standard rate of VAT. Consequently HMRC is not in a position to advise travellers about the detailed application of VAT law in other member States. Therefore travellers who are concerned about a particular mater should seek advice from either the customs or tax authorities in the Member State they will be visiting, or the Member state’s embassy in the UK.
In What circumstances may a vessel be zero rated and is the zero rated status of a vessel transferable upon re-sale?

The only vessels that can be supplied as zero VAT rate are commercial vessels of a tonnage exceeding … to which these Quash do not apply and houseboats . Houseboats are …..Further information about the circumstances when a supply may be eligible to a VAT zero rate.
When a vessel is imported into the UK, how is it valued for the purpose of calculating the import VAT?

The value for VAT is normally the total amount paid for the vessel, including any non-monetary consideration. If the importer and HMRC cannot agree a value on which any customs duty and VAT should be levied, an independent valuation by a yacht broker can be obtained. The importer is responsible for all professional fees or charges connected with the provision of the valuation.
EU Council Regulation 2913/92 specifies the basis for valuations. These are summarised in Notice252 ‘Valuation of imported goods for customers purpose, VAT and trade statistics’.
How is a vessel valued for VAT purposes when it is acquired in another EU Member Sate under the new means of transport arrangements?

The Value for VAT is normally the total amount paid for the vessel, including any extras fitted to it all the time it was supplied, plus any delivery or incidental charges made by the supplier.
What is the procedure for a private individual to pay VAT on a vessel in the UK and what documents /forms do Customs use for the payment?

When a vessel is purchased from a boatyard or a VAT registered business in the UK, the supplier will charge VAT and provide the purchaser with an invoice that sets out the amount of VAT that has been paid.
For vessels that are imported from outside the EU under their own propulsion, the importer must first report their arrival to HMRC’s National Yacht line who will advise who to contact to make VAT payment.
The importer will need to complete forms C384V and C1331 and send them, together with evidence of the value of the vessel (I.e. sales invoice), to HMRC’s Portsmouth (UOE) office. Once the VAT has been calculated the importer will be notified of the amount and how to make the vat payment.
Other vessels that are imported from the outside the EU (e.g. as cargo in a container) must be declared to customs at an approved port on an appropriate customs import declaration. This will normally be a Form C88 (SAD) which will need to be completed by either the importer or their agent so that any import duties and taxes can be paid before the vessel is released. When a UK resident buys a new vessel VAT free in another EU Member state under the ‘new means of transport’ arrangements, the vessel must be declared on arrival in the UK and the UK VAT paid.
For general advice regarding importing a pleasure craft you should contact the HMRC National Advice Service (Telephone: 0845 010 9000)
When purchasing a new vessel, payments are generally made in stages and the final price is often not clear until the vessel, with all it’s extras, is finally delivered. A significant amount of paperwork is generated. What should the 1st owner be expecting from the builder in order to satisfy UK Customs that VAT has been paid on the purchase and to ensure that the owner thereafter has conclusive documentation to prove this for the lifetime of the vessel.

All documents produced during the purchase process which itemise VAT will be part of the proof that VAT has been paid on the purchase. The series of invoices showing that the purchase was made in several stages, and that VAT was paid at each stage, should be retained. Although there is no requirement for the invoices to be ‘receipted’ to show that payment was received, any statement showing monies paid will support the series of invoices and should also be retained in the event that the vessel is later sold, the complete set of documents should be passed to the new owner, or as a minimum copies of them.
What should the purchaser do if the Builder is not VT registered?

If the person or company who built the vessel is not VAT registered, they must not charge and collect VAT from the purchaser. However, if the vessel was built in the EU the builder will have to pay VAT on all the materials used in it’s construction. Although in these circumstances the sale of the vessel will not be a ‘taxable’ supply that is liable to VAT, the purchaser should ask the supplier for the original invoices for the materials so that they possess evidence of the ‘VAT paid’ status of the vessel.
But it should be noted that there is no obligation on the art of a non-VAT registered boat builder to either hold, or to pass on such documents.
If the owner of a vessel does not have the ‘original’ VAT invoice, but the vessel is likely to have had VAT paid on it because, for instance, it was built within the UK after 1973, and the owner wants to cruise abroad but is worried about being boarded by foreign customs, can he pay the VAT on his vessel within the UK, even though he has not been involved in a ‘chargeable event’?

No. A chargeable event (see Q1) must occur in order for a private individual to pay VAT. UK Customs can only accept a VAT payment if the chargeable event occurs within their jurisdiction. When VAT is due in another Member State , it should be paid there as this is the place it is legally due. In such cases the vessel owner should contact the Customs Authorities in the Member State concerned, or their Embassy in the UK, for advice.
What paper work should be retained if the vessel was built by the current owner?

In respect of home-built vessels HMRC recommends that the owner use the VAT invoices from major components of the vessel, for example the hull, the engine etc. to demonstrate that VAT has been paid.
What paperwork is required by the purchaser of a ‘Home Built vessel’ to prove that VAT was paid?

When buying a ‘Home Built vessel’ the purchaser should ask the vendor for the VAT invoices for the major components of the vessel, for example the hull, the engine etc. to demonstrate that VAT has been paid.
Does the paperwork required to prove the VAT status of a vessel differ if the vessel is purchased through a broker?

No. The same paperwork is required whether the purchase is direct from the builder or the transaction is completed through a broker. However, it should be noted that evidence that VAT was paid on a broker’s services is not evidence that VAT has been paid on the vessel itself.
Once the vessel has been imported, what paperwork should the owner retain to prove that the VAT was paid at import?

Dependant on the method of importation (see Question 2) either a receipted copy of the UK’s Form C102A (notice of payment of customs charges) or the importers copy of the EC Single Administrative Document (SAD) Form C88 must be retained to prove that VAT was paid, or was, subject to relief, at the time of import. The C88 can be submitted in hard copy or electronically and although t may not have an HMRC stamp, the format is recognisable throughout the EU. Electronic versions will have a digital stamp or bar code.
Once issued the SAD documentation cannot be replaced. Consequently the some Pleasure craft associations advise their members to take one or more copies in case of loss, damage etc.
Does the paperwork required to prove the VAT was paid , or ‘deemed’ paid, at import differ if an import agent is involved?

No. However, it is important that the documentation contains specific data such as the vessel name, registration details, and / or hull identification number (HIN) / craft identification number (CIN), so that it can be linked to the imported vessel.
Does the VAT status of a vessel have to be proved to the satisfaction of the country the vessel is lying in and/or the country in which the chargeable event occurred?

The VAT paid status of a vessel may have to be proved to the satisfaction of any Member State tax or customs authority that for whatever reason wants, or requires, the tax position to be clarified or confirmed.
If an EU flagged vessel complies with its own countries specific rules on VAT, do UK Customs accept this when the vessel is in the UK?

Yes. The EC VAT system as detailed in Council Directive 2006/112/EC is partially harmonised, so most Member States VAT rules are either the same, or very similar. If the UK has any doubt about the VAT rules that apply to a visiting vessel, or the validity of the any evidence that is provided to support any claims that are made, the tax administration can use the agreed EU wide VAT administrative co-operation arrangements to request and obtain further information from another Member States authorities.
Is a copy of the original VAT Invoice or invoices (s) acceptable to UK Customs?

If the vessel was purchased from a VAT registered taxable person in the UK or another EU Member State, you must hold an original sales invoice showing the amount of VAT that was paid.
If the vessel was purchased from a non-VAT registered private individual, you must hold a copy of the original sales invoice (s) showing the amount of VAT that was paid on the initial sale, as well as a copy of the documentation evidencing the subsequent sale (s) between non-VAT registered private individuals where no VAT will have been due.
If the vessel was purchased in a non EU country and imported into the UK, you must hold the import document showing either the amount of VAT paid by the importer or that the vessel was subject to VAT relief. As the VAT paid status of a vessel can change (e.g. where a VAT registered business exports a VAT paid vessel from the EU and recovers the VAT paid), it is very important that the original tax documents are kept safe, otherwise it may not be possible to demonstrate the tax status of the vessel which could cause the owner difficulties when the vessel is sold or sailed outside the UK.
“Please note that although a copy may be acceptable to UK Customs, this may not be acceptable to the authorities in other Member States”
Will Customs look at documentation other than that listed in Notice 8 (see Q3 above), to prove the vessel’s entitlement to deemed VAT paid status?

Yes
Will Customs accept a HIN/CIN number as proof, under the deemed VAT Paid status scheme, that the vessel was “in use as a pleasure vessel” on the relevant date?

Possibly. Much will depend on the circumstances and whether there is any supporting evidence available.
Will Customs accept a Statutory Declaration from a person who paid VAT but who has no documentary evidence in support of the VAT payment?

A statutory declaration is not acceptable as proof that VAT was paid.
Will Customs check its records for evidence of the VAT paid status of a vessel?

HMRC does not hold records of the VAT paid status of a vessel. It is the responsibility of the owner of the vessel to keep evidence of the vessel’s VAT paid status so that it, if necessary, can be provided to any Customs or tax authority who asks to see it, or to a person or business hat purchases the vessel.
Does the owner of a second hand vessel which is to be moved from one EU Member State to another need proof that VAT has been paid on the vessel:

a) to allow it to be shipped via rail, cargo ship or other commercial carrier;
or b) for them to tow it themselves on a trailer?
Goods, including vessels, must be tax paid to be entitled to free movement through the EU. This means that if challenged by a customs or tax official, the owner, of a vessel must be able to prove that VAThas been paid regardless of the size of the vessel or the mode of transport (own propulsion / trailer/ commercial carrier etc.).
Where does a UK Owner stand if he has no VAT documentation on the vessel which he brought from a UK company and the company is no longer in existence?

Customs do not hold records which would help with this. Administrative Receivers / Liquidators may hold available records for up to 12 months after the company is dissolved.
If when sailing in the EU a UK yacht owner is challenged about the VAT status of their vessel by a customs or tax official, is HMRC able to assist the owner in any way?

It is the yacht owner’s responsibility to keep on their vessel any documentation that will enable them to clearly demonstrate its VAT status. If despite doing so, the owner is unable to satisfy the authorities about the vessel’s VAT status and a dispute arises, the owner must seek to resolve the matter in discussions with the customs or tax authority concerned. In other words it is not possible, and neither would it be appropriate, for the HMRC to intervene in any dispute between a yacht owner and another customs or tax authority.
However, if a dispute does arise, it might be helpful for yacht owners to know that in order to “effect a correct assessment of VAT”, under the provisions of the EC VAT Administrative Co-operation Regulation 1798/03, the customs and tax authorities in each Member State are able to send requests and to exchange information about VAT matters. Therefore, if a customs or tax authority is uncertain about the VAT status of a UK owned vessel, they can arrange to send a request for additional information to HMRC and it might be possible for us to assist the other authority with their enquiries.
UK yacht owners are welcome to draw the attention of the Customs and tax authorities in other Member Sates to these EC VAT Administrative Co-operation Regulations.
Why wont UK Customs Issue a certificate or letter advising that a specifies vessel is “VAT” Paid or “Deemed VAT Paid”?

The EC VAT system uses VAT Invoices as the basic means for demonstrating that VAT has been paid. For vessels imported into the EU it is the import documentation which demonstrates the vessel’s VATpaid, or “deemed” paid, status. Any alternative arrangements , such as the issuing of VAT Paid Certificates , has no vires in EC VAT law, would not be recognised by other EU Member States and could result in tax fraud, as the tax status of a vessel could change the day after a “certificate” was issued if a “chargeable event” occurred.
When the EU Single Market was created in 1993, in order to assist UK yacht owners, for a short transitional period HM Customs & Excise (which is now part of HM Revenue & Customs) issued “tax option” letters to owners of vessels who provided commercial evidence to demonstrate their vessel’s VAT paid , or “deemed” paid status. However, even at the time these transitional arrangements created difficulties and were challenged by an owner who did not have the necessary commercial documentation (e.g. VAT invoices) must be the primary evidence to demonstrate a vessel’s VAT status. This has remained our policy since that time.
On the basis that the ‘original’ VAT Document is such an important document, and the fact that paper and water do not mix terribly well, do Customs think it is reasonable to require a private individual to keep the original on his vessel at all times?

It should be possible to keep important documents safely on board a vessel in either a watertight compartment or document case . If for some reason the vessel’s owner does not consider this is possible, they should keep a certified copy on board and retain the original in a safe place on land. However the owner should ensure that they are able to quickly access the original documents, as if the vessel is challenged, it is possible that the customs authorities in some Member States may not allow the vessel to proceed until the originals have been produced.
In Notice 8 you advise that in the absence of conclusive evidence of VAT paid status, a bill of sale may be useful, but that this must be between two private individuals in the UK. Why is there this restriction?

The bill of sale between two private individuals in the UK is useful as it indicates to a foreign official that the VAT status of the vessel is the business of HMRC, as the last transaction involving the vessel took place in the UK.
A bill of sale between an EU individual and a UK individual does not indicate that the last transaction was within the jurisdiction of the UK and therefore does not offer the same message to the foreign authority.
If your bill of sale is between a company and yourself refer to Q20 and Q20A.
I own a boat which I believe is VAT Paid, but I don’t have any documentary evidence, what do I do now?

Without knowing the circumstances and the specific reason (s) why the vessel’s owner is concerned about the VAT Status of the vessel, it is not possible for us to comment, or to provide advice.
There is very little that can be done to rectify the situation. The owner should attempt to locate previous owners in order to trace the original or copies of the VAT documentation.
This paperwork no longer being in existence does not remove the need for the owner of a vessel permanently based in the EU to be able to satisfy the relevant authorities (both here and across the EU) that the vessel is VAT paid or “ deemed” VAT paid. However the RYA has little evidence 2 of UK registered vessels being stopped, simply to ask them to prove their VAT Status, whilst cruising within the UK territorial waters and those of other EU States.

In the unlikely scenario that the documents are not available because the VAT was not paid At the time of the chargeable event, the liability for the VAT remains with the person from which the monies were due (i.e. the person involved in the chargeable event), even if the vessel subsequently changes hands.

A new owner should however be aware that they do not obtain suitable proof that the vessel is tax paid at the time of purchase, should they do something with the vessel which results in another chargeable event (such as taking the vessel to the Channel Islands), they will be unable on their return to the EU, to prove that they are entitled to relief from VAT, the new chargeable event will over-ride the unpaid liability and the new owner will be liable to pay the monies due as a result of this latest chargeable event.

BOAT SALES - VAT - Q&A

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