Story by Andrew Holland / May 15, 2018
It is a common theme for our clients to ask us how they can legally avoid paying US Duty and Import tax on their boat when they are entering US Waters. So, is there a way for you as a boat owner to legally avoid paying US Duty when entering the US?
The simple answer to the question is yes, you can avoid paying duty on a vessel when sailing into the US. However, this does not necessarily mean that it would be beneficial, or financially prudent to do so. So, how can you legally avoid paying Duty on a vessel?
The only way to legally avoid paying US Duty on a boat when first clearing into the US is by foreign flagging the vessel. Whether through a Virgin Island Corporation, Jamaican corporation, Cayman Corporation, or many others, a boat owner may choose to create a corporation and foreign flag the boat under this corporation. The downside of this approach of course is the cost to set up the corporation and any annual maintenance fees that may be due on the corporation. Depending on the type of corporation being set up the costs can vary, but can exceed several thousand dollars.
Foreign flagging the vessel will enable a boat owner to enter into the US under what’s known as a Cruising Permit which allows foreign flagged boats to cruise in US Waters for a period of up to 12 months, before being required to clear out of US Waters. It is important to note however that a foreign flagged vessel lying in US Waters that is in the US on a cruising permit cannot be sold to a US Resident while in US Waters without paying US Duty. This is often why you will see the “Not For Sale in US Waters to a US Resident” tag on certain vessels. (Read more about this here)
The trade-off of foreign flagging your vessel will be determined by the value of your vessel, and your plans moving forward with the boat. If it’s your plan to cruise up and down the eastern seaboard on a boat with a value of $200,000 with plans to eventually sell her in the US at the end of your cruise, the tradeoff of paying a few thousand dollars to set up a corporation and having to clear out of the US every 12 months is likely not worth it to save the cost of paying US Duty that would amount to approximately $4,500. (Read more about the cost of US Duty here)
However, if you have a larger yacht or mega-yacht, only plan to occasionally cruise in US Waters, and eventually sell her offshore, the benefits of foreign flagging your vessel which enables you to obtain a cruising permit during your time in US Waters may be worthwhile.
Your team delivered on every mark. You’ve got an amazing broker in Mark Wattrus and I’m confident you will have continued success moving forward together. He was available 24/7 whenever I had questions. We had a great initial visit on the boat and his marketing plan and photos were superb
I bought a yacht that I had never seen. I did this because I trusted my broker Andrew Holland. It was not an easy job for Andrew, as I am an experienced boat builder and owner of previous yachts, but work in West Africa. Imagine how hard it was to communicate what I was looking for. Andrew came up with exactly what I wanted. He dealt with time delays, all my questions at odd hours, and was there for the survey. He reported honestly and professionally. After buying the yacht, I arrived at the boat on a Sunday night, after dark, after travelling from West Africa to the Caribbean, and found it was better than expected. He never pulled punches and made me aware of shortfalls. I expected to spend my one month leave working on the boat, but actually spent less than one week, and was able to spend 3 weeks sailing – wonderful bonus.
Thank you Andrew for putting up with all my questions, all my worries and all my crazy out of the time zone concerns – you were totally professional, but also I know that if and when we meet up, it will be like a friend finally meeting. You are always welcome on Aseka.
Outstanding company with professional subject matter experts. If I were to buy or sell cruising sailboat, particularly a catamaran, Andrew would be my go to broker.
I have been sailing since I was a child and attended Massachusetts Maritime Academy. But when my wife and I began the process of purchasing an ocean cruising/racing catamaran, I realized that this is a world unto itself. Obviously, we needed to find someone knowledgeable to help us make an informed decision. More importantly, we needed someone honest and willing to put our interests before his or her own. I was lucky to work with Phil Berman at The Multihull Company. He repeatedly shunned the fast buck, choosing instead to work the long road to connect us with the “perfect boat”. I would be glad to recommend Phil and his company to anyone planning to purchase or sell a performance sailing machine.
Andrew Hodgdon was our broker when we bought our 2018 Lagoon 450F in Antigua in April 2922. He provided great service and was very attentive to our needs. We would highly recommend Andrew and the Multihull Company.
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