As a long time resident of one of the offshore company registration centers
in the world I can weigh in here for some basic info.
As a US resident or citizen you need to examine it very closely as the IRS
asks you if you hold any such entities on your tax return. Answering yes may
or may not have further implications. Answering no and having an IBC usually
does eventually.
That said a company is set up, say in the British Virgin Islands or Caymans,
or wherever, which can be used for many different purposes. One of which is
ownership of items, a boat being one of those items. The company purchases
the boat and hold title to it. How you move funds into the company is your
business but they won't be financed funds they need to be unencumbered
money. Generally a wire transfer is used which of course is a matter of
record. Cash isn't. Then again cash raises eyebrows especially with homeland
security or the DEA.
Assuming that this is an above board situation once the company purchase the
vessel or if already owned is deflagged from it present registry, it can be
flagged in the BVI, or Caymans, or wherever the IBC has been set-up. A this
point it becomes a vessel of that country. Subject to the rules &
regulations of it and carries its flag wherever it travels.
It has pluses and minuses. The initial company set-up and registration is in
the order of $2000 plus an annual fee of about $5-700.00 for both the
company and the yacht registration. This compared to the cheap USCG fees ;-)
Now that you have this Offshore company and yacht registered you are free to
insure it anywhere you like. None of the companies will most likely be US
based and their policies will be as different from each other as the US
policies are.
You may or may not have to meet the MCA standards now or in the future
depending on the use and size of the vessel. This includes crewing
requirement, radio transmitter requirements and boat structure/gear
requirement. Must different that the USCG/FCC requirements.
I'll stop here but as you see it in not a win-win for many persons.
We choose US Documentation as the expense is less, we know and understand
the rules/regulations that Swan Song must meet, we are free to come and go
in the US without obtaining a cruising permit, we self insure for the boat
but will soon have a liability policy with luck.
BTW, most of these offshore jurisdictions are selling a product. It is a
major profit center for these countries! Just like any other product the
plus's are always put front and center with "some" potential for over
selling those plus's. The downside is never on the front page and in fact is
seldom in the "brochure". You have to really dig to find the downsides as
with purchasing other products!
As always YMMV,
Cheers
Dave & Nancy
Swan Song
Roughwater 58
Puerto La Cruz
Venezuela
In addition to the need to obtain a cruising permit to be in US waters,
you have an additional issue to deal with when the vessel is owned by an
offshore company. Basically, you can't sell the vessel in the US! This
is clearly noted on your cruising permit in the fine print...
If you even list the vessel with a broker, and/or advertise it, and/or
show the vessel to prospective buyers, you might become immediately
liable for various taxes and import fees (duties, etc.) EVEN IF you end
up not selling the vessel!
Paul Goyette
former owner of the 103' Lloydship "Southern Cross II"
Documented (at that time) in St. Vincent and the Grenadines
Operated in the San Francisco Bay Area
Sold in Ensenada, Mexico
I have been an owner of trust companies for 25 years and at one time
my group had offices in Gibraltar, Jersey, Bermuda, Ireland,
Mauritius, Cyprus, Brunei and the Netherlands and Netherlands
Antilles. The decision on whether to register a boat in a so-called
offshore jurisdiction depends on your nationality and your cruising
plans as well as the size of boat. In the EU, we have seen measures
taken against offshore registration where a primary driving force was
avoidance of sale tax (UK it's called VAT, Germany call it
Mehrwertsteuer - it all stands for value added tax) which is typically
around 15%-20% depending on the country. If you have use an offshore
company and don't pay VAT, there is a time restriction on how long you
may use the boat in EU waters and there are use restrictions such as
no chartering. The one thing about boats is they lose value over time
so there are no capital gains tax issues. In the EU some countries
have wealth tax and again using a company may lower wealth tax.
If you are a US national (or green card holder) and your boat will be
used in US waters much of the time, unless the value is over $5
million there is no real benefit in registering through an offshore
company. Sure, it is a way of flying a different flag where there may
be hostility towards US people but that is an extreme case and I doubt
that you would want to ever visit such a country.
On insurance, I don't think an offshore company has any meaningful
benefit because the insurance company will look at your experience and
qualifications and through the corporate entity. You are better to
search around and find an insurer. If necessary, invest in becoming
more qualified to satisfy the insurer.
And I would query using an offshore company when an onshore company
may be a lower cost solution. Boats do not operate at a profit so an
onshore company would not be liable to tax and could reclaim VAT if an
EU company. For example, a UK, Irish, Cypriot or Malta company (all
part of the EU and within the Customs Union - i.e. subject to VAT)
would almost certainly be a superior solution. Also you might choose
a Swiss company. It is more expensive to form and subject to stamp
duty at 1% on its capital (but you can lend much of the money into the
company) but it is a good flag to fly. Onshore companies may get
better treatment from insurers too.
I hope the above is helpful.
Chris (Goleen)
On 1/17/07, Paul Goyette paul@whooppee.com wrote:
In addition to the need to obtain a cruising permit to be in US waters,
you have an additional issue to deal with when the vessel is owned by an
offshore company. Basically, you can't sell the vessel in the US! This
is clearly noted on your cruising permit in the fine print...
If you even list the vessel with a broker, and/or advertise it, and/or
show the vessel to prospective buyers, you might become immediately
liable for various taxes and import fees (duties, etc.) EVEN IF you end
up not selling the vessel!
Paul Goyette
former owner of the 103' Lloydship "Southern Cross II"
Documented (at that time) in St. Vincent and the Grenadines
Operated in the San Francisco Bay Area
Sold in Ensenada, Mexico
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