Wanted: French maritime lawyer

[joks]

I’m looking for recommendations for an English speaking lawyer/expert in French maritime rules.

I’ve purchased a 46’ cat from 2006 under French flag in Martinique. Now cruising in French Polynesia, still with French (Martinique) registration, and considering to sail it back to my home country Denmark. But Denmark and the European Union are pretty strict about VAT and I’d like to know for sure what the French overseas registration implies for my options to import it to EU. In other words, what will it cost to import…?

The boat was built in France but has sailed around Martinique ever since.

Thanks for any advice!

[Quebramar]

VAT regulation is European and applies to all EU countries so get a tax advisor in Denmark, that should do fine.

[goboatingnow]

There is no confusion , Martinique is outside the VAT area , as you are a EU resident vat will be due immediately on arrival of the boat into the EU. As it’s a second hand boat this is normally in the first EU country you arrive in.

The vat will be paid on the agreed value. It will be up to you to substantiate that claimed value.

No need for a lawyer , simply contact Dutch customs , arrive at an agreed valve and Pay the vat. This can often be done before the yacht arrives in the EU.

You’ll then have vat paperwork as required.

[joks]

Thanks for the reply. I have understood that the Francisation in Martinique includes a lower than EU vat already paid, and that importation to mainland France may include only paying the difference between Martinique vat and French EU vat. = much cheaper than any full EU vat. But I lack reliable confirmation of this…

[Eric50]

I recently had the experience with a catamaran brought back to France from Tahiti / French Polynesia.

It was transported by cargoship to Southampton, then we cross the channel and arrived in Cherbourg.

The owner had so many different advices on what to do in term of formalities, from both Polynesia side, his own local authority in France, Cherbourg's one that he was lost and did not knew exactly what kind of paper to ask for, to issue, etc...

We have been check by custom patrol boat a few miles before entering Cherbourg and they issued some paperwork after the check. They could not be sure themselves on who to talk too and what to do for the formalities !!!

After few days in Cherbourg and several phone call to various administration, he reached a civil servant that stated "not being competent but will try to help...".

He sent 1 page to fill to the owner that process it and send it back, it was all, the boat was duly imported (as it was considered as the main accomodation for the owner actually, so no tax management to proceed he said).

We then carried on our way to La Rochelle and have been checked again by a custom patrol boat in Roscoff. They informed them that the first papers issued by the first patrol were not the good ones (wrong color apparently...should have benn a pink one instead of a green one), anyway the re-issued the "proper" papers and off we go.

I sware this is all true, so taking a legal advice may be a good idea.

The official French custom / ministry websites are here :

https://www.douane.gouv.fr/particuliers/vous-naviguez

https://mer.gouv.fr/navigation-de-pl...sirs-nautiques

https://mer.gouv.fr/acheter-vendre-e...aviguer-en-mer

There are all the infos you may need, unfortunately in French

[goboatingnow]

If you landed the vessel in thd uk the boat should have had carnets to allow it passage out of U.K. customs otherwise it should have been cleared in there.

You need to contact the douane office at the port of importation and present the French Polynesian export documentation and clear the vessel into France. It will also require flag registry if not already so registers. ( I used to own a boat in France )

What the patrol boats do is largely immaterial as their job is only enforcement they do not clear vessels.