25% YES OR NOT?
The French Customs Office has released important
dispositions and clarifications about yachts engaged in commercial and
transport activities (e.g. charter).
25% DUTY TO APPLY TO US BUILT BOATS
The French Customs Office confirms that every US
built boat having commercial registration and officially imported in European
Community before the 22nd of June 2018 will be exempt from the
payment of the 25% customs duty on the boat’s return in Europe if all the
standard import formalities will be executed (the same formalities and
practices arranged before the 25% rule).
The same principle applies for boats exported from
EU before the same date (Export Declaration is required. In absence of this Declaration
an alternative proof of exportation has to be provided).
All the boats having completed the import back to
the European Community can benefit from FCE/ICE (French Commercial Exemption /
Italian Commercial Exemption) advantages according to the +70% rule.
If the boat has been imported under the FCE/ICE
regime in 2018, it is still required to provide the proofs attesting its
qualifications to take advantage of the same benefits (+70% international
Therefore, we confirm that any and all US built
boats falling within the below listed cases:
1. never imported
before the 22nd of June 2018, or
before the same date but having changed the Owning Company (sold/purchased)
are subject to the
application of the 25% customs duty.
CHARTER UNDER TEMPORARY ADMISSION STATUS
Besides, all US built boats never imported before
the 22nd of June 2018 will have the possibility to perform
commercial activities (Charter) under Temporary Admission status, whether the
boat is registered as commercial or private (in the latter case only if the
Flag Registry admits this condition).
However, there are specific restrictions to the
impossibility to have EU resident Charterers
b. at present
not all the EU Members States still permit a boat under Temporary Admission to
execute commercial activities (Charter).
In regards to non US built boats (EU or non-EU) registered
as commercial and to coming to Europe to execute commercial activities
(Charter), which are under “Import Status”, the FCE/ICE benefits apply to all
those non-EU boats (as well as to some EU boats in specific cases: more info
will follow) intending to execute commercial activities (Charter). This is
the only case in which the Charterer can be a EU resident.
Concerning the non-EU boats which will not be
imported (both Commercial and Private registered), they will only have the
possibility to execute Charters under the regime of Temporary Admission and
will not be entitled to charter to EU resident subjects.
As far as is concerned to side boats
(chase-boats/tenders) having own registration and which are employed to attend
the mother ship (main vessel), we are still waiting for the necessary
clarifications by the Customs about the possibility to charter said chase boats
to EU residents.
All the hereby listed rules and information provided
might be subject to variations by the Customs Office.
Therefore please always contact us to know if something
has been changed, integrated or just updated.
For any additional info or clarifications required
please email us to firstname.lastname@example.org
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