Canadians Buying Foreign-Made Boats in US

[goboatingnow]

Originally Posted by bonobo

Dave, I was indeed residing in Belgium at the time of my first mail but I left Belgium at that time also. When I registered the vessel in Canada I became a non-residend in any country but with a "Postal" address for paperwork only in Canada.
I indeed was made this very clear by the French customs that I needed a outside europe address on the canadian registration documents. And for them, I was 1000% OK when this was the case, they would NEVER have let me go otherwise !!! NOT the French

Just because you left Belgium does not mean you are no longer a tax resident. Usually two or more years has to pass. You would still be liable for vat on reimporting the boat into Europe. you cannot be a non resident of any country. Check the Belgian rules on what constitutes ending tax residency.

Dave

[NorthPacific]

On the West Coast Canadians buy boats in the states and keep them in Marinas just South of Vancouver BC. The catch is is that they are only allowed to visit Canadian Waters for a specific amount of time. Also if they go cruising into Canada they have to go though Canada Customs each time they make landfall like any other foreign boat.

[bonobo]

Looks like I made myself still not clear ....

Quote : "A Canadian (nor any foreigner) cannot obtain US Documentation, but anyone (even Canadians) can get State Registration."

Correct, everyone can US state-register. But this do not help when going out of US waters, when in international waters, non US territorial waters or protectorate, one need a federal ( national) registration only optainable by a US citizen .
A "green card holder" can not register federally ! So anyone who buy a vessel and state-register it in the US, will NOT be able to circumnavigate or even get to the Caribbean.

Quote : "If a Canadian brings his American vessel into Canadian waters, he’s at home, and his boat is visiting, requiring a cruising permit".

No, this is NOT correct, there is the difference of a canadian citizen RESIDENT and the NON-Resident !!!

Quote : "Actually, to the best of my knowledge, you can only bring it in Canada under specific circumstances like getting work done in a yard and so on. To bring it in for pleasure, you would have to import it and pay the PST + GST."

Again, NOT correct at there is the difference of a Canadian citizen "RESIDENT" and the Canadian citizen NON-RESIDENT VISITING Canada with his " Conveyance" for less than 12 months !!!

( " Conveyance" being defined by the "Canadian border services agency" Memorandum D2 - 1 - 1 page 2 paragraph 2 as ANY vehicle, aircraft,water-borne craft or other contrivance that is used to move persons or goods but do not include a mobile home trailer that is more than 2.6 M in width )

Off course all the above "without prejudice" as I base myself on the "Canadian border services agency" Memorandum D2 - 1 - 1 dated january 30 , 2006 given to me by Custom HQ in ottawa during the summer of 2010 ......

Please go look it up yourself, it is very clear, ( as clear as a custom regulation can be )

"Canadian border services agency"

Memorandum D2 - 1 - 1

" Temporary importation of baggages and conveyances by non - residents"

Page 2 Chapter 98

So hope this will clear things up , and why the hell would I make this up and spent my time on writing this is I had not taken all the info personally at the custom HQ ...
And if some of you are not agreeing,..... well find me a document that says the contrary

[goboatingnow]

Bonobo, the mere fact that customs may agree with you indicates nothing. Many custom officials err in law and are found subsequently to wrong.

As I've said I do not believe you can legally renter EU waters until your Belgian tax residence expires. I cannot comment re Canadian law. Remember in EU tax law you are " guilty" until you prove your innocence. You get slapped with a VAT bill at a customs port and then you have to justify that your not applicable.

I can't imagine the conversation
Agh Mr Bonobo where where you resident at the time of purchase , ah mr customs officer I was living in Belgium. But I left soon afterwards. Ah mr Bonobo I beleive you are dodging EU vat. Here a 20k fine and pleae pay 20% of the purchase price , you have 96 hours ( that the grace period by the way )


Good luck with the scam , you are not he first and you won't be the last


Dave