The VAT – whether it is paid or not – is a matter that many prospective buyers (especially EU Citizens) take into serious consideration, and frequently the main factor in order the buyers to express their interest to a specific boat or to reject it without even visiting the boat to check its condition.
All yachts built in or brought into the EU on or after 1 January 1985 must be able to prove their VAT paid status.
If the yacht is advertised as VAT paid it is important for the owner to hold documentary evidence of this. For yachts built after 1 January 1985 the VAT should have been paid by the initial purchaser or importer, evidenced by a receipted invoice or VAT certificate.
Ideally the present owner must hold the original, but in the absence of this, certified copies may be accepted.
If the yacht is being sold by an EU company, it must be checked whether this company ever reclaimed the amount of VAT when purchased the yacht. If this is the case the boat is deemed VAT unpaid.
If VAT should have been paid and was not, or there is no proof of the boat’s VAT status or the owning company paid and reclaimed VAT, the liability for paying any VAT due lies with the current owner, and will pass on to the purchaser on his/her purchase of the yacht.
Some sales have fallen through because such information cannot be provided and a potential buyer has an increased risk of being stopped and fined for a not having a VAT paid boat.
A boat built before 1 January 1985 is deemed to have VAT paid status if it was in private ownership, and holds proofs that was located within the EU on the 31st December 1992. Proof of this may be required by the local customs and sometimes it might be challenging to be provided, as log books, marina receipts or invoices going back that far have often have been lost or destroyed or simply not passed on when ownership changed hands. If documentary evidence of the location of the vessel on 31 December 1992 cannot be provided, the owners should provide whatever documents they have in their custody related to this mater so, that the local customs can form a view as to the location of the boat, based on the documents being provided.
To support all of the above, we add the official EU Directive: EU Council Directive 2006/112/EC
