Port procedures when changing ownership and flag while in Tunisia

[Seaworthy Lass]

Originally Posted by CookiesnTequila

Is that the case for non-resident citizens? I might be wrong, but I thought taxes are only due if you are a resident. Our guess is that we are going to present enough confusion to any customs official that even thinks of challenging us, that they won't!!!

What we have also not done yet, but need to do, is choose a place of residence. But that is for another day and another thread!!

Cookies, I think you need a European maritime lawyer's advice and have a copy of the relevant laws on board. If you get wrong information and act on it, being hit with VAT and having your boat impounded until you pay it would be a high price to pay.

eg The contract of sale is one document officials may want to see. This may list where the boat transfer took place (ours does). Your VAT paid status may be lost for this reason. And you will not have the luxury of then saying "I am not actually travelling on the passport I showed you, I am using my Canadian one" therefore giving yourself 18 months VAT free.

As I understand it, VAT is not dependent on residency. EU citizens are subject to that instantly unless the boat is being taken out of the EU, non EU citizens have 18 months before they need to either take the boat out of the EU or pay the VAT.
Just my impression. You need to check if this is correct.

I think you are right about presenting lots of confusion, but that need not work in your favour.

[CookiesnTequila]

Originally Posted by Seaworthy Lass

Cookies, I think you need a European maritime lawyer's advice and have a copy of the relevant laws on board. If you get wrong information and act on it, being hit with VAT and having your boat impounded until you pay it would be a high price to pay.

eg The contract of sale is one document officials may want to see. This may list where the boat transfer took place (ours does). Your VAT paid status may be lost for this reason. And you will not have the luxury of then saying "I am not actually travelling on the passport I showed you, I am using my Canadian one" therefore giving yourself 18 months VAT free.

As I understand it, VAT is not dependent on residency. EU citizens are subject to that instantly unless the boat is being taken out of the EU, non EU citizens have 18 months before they need to either take the boat out of the EU or pay the VAT.
Just my impression. You need to check if this is correct.

I think you are right about presenting lots of confusion, but that need not work in your favour.

I did hire a French maritime lawyer, and i even asked him twice because of everything I was getting on this forum. Both times he said we were fine, that it did not matter that the boat was in Tunisia at the time of sale - VAT would be preserved regardless.

So now, just to make sure, I am going to get a second opinion, because: 1) it's not terribly difficult to move the boat into the EU - Pantellaria Italy is only 70 miles away, and 2) anyone who has had as much experience dealing with lawyers as I have knows very well that they can be wrong!

I shall let you know....