Posted: 12th October 2015 | Written by: Janet Xanthopoulos
After nearly two years of hard work along with the Republic of the Marshall Islands (RMI) Registry, WES, the French Customs and the Port State Control Authorities, Rosemont Yacht Services is excited to announce a new dual use innovative solution.
Designated as a Yacht Engaged in Trade (YET), this initiative combines private and commercial use without falling foul of existing Flag, Customs and Port State regulations. A solution to help owners overcome their concerns about full commercial yacht registration for yachts with mainly private use.
Rosemont Yacht Services obtained the official authorisation from the French Customs on 13.11.2014 and the new program was officially launched by the RMI Registry during the Monaco Yacht Show this year.
Owners no longer willing to operate their yacht on a full commercial basis are seeking a solution which will permit them to use the yacht on a private basis, whilst offering the possibility to charter the yacht out to third parties a few days per year to minimise their annual running costs.
Either use their yacht on purely private basis without the possibility to charter their yacht to third parties; or
Charter their yacht to third parties without being able to use their yacht extensively and with the obligation to pay VAT even on their own charters.
Develop a dual-use operation program approved by PSC for yachts commercially compliant on voluntary basis to avoid any detention that shall also take into account EU VAT regulations.
A YET is a private yacht permitted to engage in charter activities for up to 84 days/year;
Initiative based on EU Customs regulations, approved by PSC Authorities and so far by Monaco & French Customs BUT to be extended to the rest of Europe.
Non EU owned yachts (having non EU resident Ultimate Beneficial Owners) under Temporary Admission (TA) or EU or non EU owned yachts which are VAT paid;
Yachts in compliance on voluntary basis with all relevant regulations and requirements that apply to commercial yachts;
Yachts have undergone a Voluntary Compliance Verification to the standards of the RMI Maritime Regulations and Yacht Code by an Authorised Representative of the Marshall Islands;
Yacht built to class or classed if over 500GT.
The RMI is the only flag promoting dual use that has been validated by Port State Control Authorities (Paris MOU) for temporary commercial operation;
Flexibility of use: private use without losing the option to charter the yacht on an occasional basis (up to 84 days/year) to offset annual running costs (no more dilemma: purely private use without the possibility to charter or charter to third parties without being able to use the yacht extensively and with the obligation to pay VAT even on their own charters) ;
No risk of requalification in case of extensive private use;
No need to sign a charter agreement paid at commercial market rates each time owners want to charter their yacht;
No need to pay VAT on owners use;
No need to leave EU waters and touch a third country port to allow change of use of the yacht and system not plagued with Tax, VAT issues in comparison to the “switching regimes”;
Exemption of VAT available on works for non VAT paid yachts (inward processing relief regime).
No VAT exemptions though on supplies and fuel (exemptions on duties could be obtained on request);
No private use while the yacht is under the “commercial bubble”;
RMI YET program only available in France and Monaco for the time being but we are working to have it formally extended in Europe. The regime is based on EU regulations and EU Customs Documentation which should be accepted in all EU countries.
Read more about how the PYET works when private yachts are chartered.