Why Should You Consider The Isle of Man for Yachting, Post-Brexit?

The Isle of Man for Yachting

2020 was mired with uncertainty, but with an end to Brexit negotiations, vaccines, and the promise of further freedoms around the corner, 2021 will hopefully be a return to calmer waters. You, or your clients, may even have started to consider what happens next with regards to their Yachting activities. Here’s why you should consider the Isle of Man for yachting:

With the dust settling in the wake of the UK’s departure from the EU, resulting in a nearly 1,300 page EU-UK Trade and Cooperation Agreement, there is now more clarity on the Agreement’s impact on Yachting activities and potential tax implications. One such clarification being that, following the UK’s exit from the EU, the Isle of Man is no longer deemed EU resident by association. As such, Yachts owned via an Isle of Man entity may qualify for Temporary Admission into EU waters.

In this article, we will be covering the following topics to provide a quick overview:

  • Temporary Admission (TA) for Private Yachts
  • How to Meet the Requirements of Temporary Admission (TA)
  • What Next? Things to Consider When Planning Your Yacht Fiduciary Services

Temporary Admission (TA) for Private Yachts

Temporary Admission (TA) is a Customs procedure, in line with the Istanbul Convention 1990, which allows certain goods (including means of transport – e.g., private Yachts) to be brought into the Customs Territory with total or partial relief from import duties and taxes, subject to conditions.

For example, the goods must be imported for ‘Specific Purpose’ and are intended for re-exportation within a specified period.

Whilst owners established outside of the Customs area are exempt from VAT under TA, Customs Duty relief varies, dependent on the jurisdiction’s classification of the vessel and its Specific Purpose for being imported.

For quick reference we have provided a table of the headline details/requirements below:

EU TA
The Vessel is registered outside of the Customs Union. (The flag state of the Yacht is non-EU)  
The vessel is used by an individual established outside of the Customs Union. (The owning entity is established outside the EU)  
The vessel must be operated by an individual established outside of the Customs Union. (Ultimate Beneficial Owner must be resident outside the EU)  
Some further conditions to note: The goods must be imported with the intention of re-exporting them at a later date (Maximum 18 months); No alteration of the goods is intended (allowing for maintenance/upkeep), i.e. no value is to be added; The goods can be clearly identified (e.g., hull identification number etc.); The overall Customs requirements are met; and A guarantee is provided, if required (specific to the Member State).  

How to meet the requirements of Temporary Admission (TA)

Thankfully there is a lot of scope for meeting the requirements for those wishing to set sail in the EU under TA:

  1. Registration of the vessel

For a TA procedure to apply with full VAT and Customs Duty relief, the Yacht must be registered in a jurisdiction outside of the EU (it will use the flag of a Non-Member State).

Following its departure from the EU, the Isle of Man now meets this criteria, alongside traditional favourites such as the Cayman Islands.

  • Establishment of the individual

For our purposes, ‘individual’ refers to both Natural Persons and Corporate Entities. In this way we can have an individual established in a separate jurisdiction to the Ultimate Beneficial Owner (UBO) – often by way of a holding company, that will own the Yacht and which in turn will be subject to the local tax regime.

The jurisdiction of establishment in this case does not necessarily have to be the same as the chosen flag of the vessel.

  • Establishment of the Ultimate Beneficial Owner (UBO) 

For the purposes of TA, so long as the UBO is resident outside of the EU, they will qualify.

What Next? Things to Consider When Planning Your Yacht Fiduciary Services

When selecting a suitable ownership structure for the registration of a Private Yacht, which will benefit from TA within EU waters, we would suggest checking the following broad criteria.

Choosing a Jurisdiction for the Holding Structure

  • Strong economic international standards – a minimum ‘A rating’. (S&P / Moody’s)
    • Robust legal standards.
    • An OECD Whitelisted jurisdiction with a strong reputation for compliance and transparency.
    • Beneficial tax regime taxes.

Choosing a Yacht Fiduciary Service

To assist with the specialist advice, corporate structuring, and administration of the Yacht, we would recommend ensuring that your service provider ticks the following boxes:

  • Geographic location – with relation to the local tax regime and time zone (for accessibility and ease of dealing). 
    • A proven track record –how established the provider is in the sector, as well as familiarity with this category of service.
    • Access to experts – with many providers, their scale often prevents direct and regular dealings with senior qualified staff members; you will want access to experts whenever you have a query or action that is required, and not to always have these dealt with by juniors.
    • Your business is valued – in an ideal situation, your business will be a priority to the provider, not just another client on the books. Finding a provider that is adaptable and responsive is key to service excellence.

What are Your Yacht Fiduciary Service Options?

With so many well-established shipping registrars and a wide selection of beneficial jurisdictions for incorporating a holding structure, you would be forgiven for having flashbacks of 2020’s uncertainty. This is where we can help.

At Dixcart, your needs are our priority – we provide a bespoke and personal service for those looking to manage and administer their luxury assets; giving you access to experts as and when you require them.

Because we are based in the Isle of Man, we benefit from our Aa3 rated jurisdiction’s political, economic and environmental stability. The Island is a self-governed Crown Dependency, setting its own laws and rates of taxation.

Whilst we can access any number of shipping registers, our local registrar has an exceptional track record of service excellence; providing an approach that blends modern flexible services and competitive rates without compromising on quality.

The beneficial tax regime, business friendly government and OECD ‘Whitelist’ status ensure that the tax vehicles we offer can help you achieve your goals whilst remaining globally compliant.

An Isle of Man registered Company enjoys the following benefits:

We have been assisting clients and their advisers for over 45 years with the effective structuring and administration of wealth, having experience of utilising multiple shipping registers to ensign vessels in line with their desired purpose. If you would like to discuss how we can assist you in achieving the effective and efficient administration of a vessel we would be delighted to hear from you. Please contact Paul Harvey at the Dixcart Office in the Isle of Man: advice.iom@dixcart.com.

Alternatively, you can connect with Paul on LinkedIn or find out more about our Dixcart Air Marine services here.

Dixcart Management (IOM) Limited is licensed by the Isle of Man Financial Services Authority.

This information is provided as guidance as at 01/03/21 and should not be considered advice. The most appropriate vehicle is determined by individual client needs and specific advice should be sought.

Portuguese Tonnage Tax

The Isle of Man Shipping Registry – An Innovative Approach

Isle of Man Shipping Registry

Advisors often need to guide clients on the most suitable jurisdiction to flag an owner’s vessel. Historically, advisors have preferred tried and tested jurisdictions, but in today’s competitive world there is increasing importance on other issues such as jurisdiction perception, international transparency, time differences, different legal systems, expertise and growing costs associated with certain jurisdictions.

Criteria to Select a Suitable Flag to Register a Vessel

“Best practice” to select a suitable flag would generally include the following criteria:

  • Strong economic international standards – a minimum ‘A rating’.
  • Robust legal and construction standards.
  • A commercially run register – emphasis on service and response.
  • A strong performance in the areas of safety, security and environmental protection.
  • A jurisdiction that is White Listed by the Paris & Tokyo Memorandum of Understanding (Paris/Tokyo MoU) – and low risk rating.
  • A jurisdiction strong on reputation, compliance and transparency.
  • Low registration costs, simplified bureaucratic procedures and minimal taxes.

What Additional Advantages Does the Isle of Man Register Offer?

The former Director of the Register in the Isle of Man once said “The Isle of Man used to be the best register you have never heard of”, but that has changed. It is clear the Isle of Man flag has become recognised within the industry as one of the leading international registers for quality, efficiency and innovation.

Whilst there is still a lot of uncertainty around Brexit, it has previously been pointed out that “the Isle of Man’s position in the merchant shipping world is very clear, the Isle of Man is a British register and will fly the British Ensign, but it is not recognised as an EU flag.” Consequently, the EU incentives in terms of tonnage tax and access to cabotage trades in Europe have never applied to the Isle of Man. The EU Maritime Directives have also not applied automatically. Therefore nothing really changes as far as the Isle of Man Register is concerned. The Isle of Man Register continues to hold a strong position as a British non-EU register, which operates as an international register and secures business through the financial and political stability of its jurisdiction. This might not be the same for all jurisdictions.

Over the past three decades the Register has grown substantially and benefited from further investment from the Isle of Man Government.  The Registry has sought to become one of the world’s leading Registers and targeted quality registrations in the process whilst aiming to increase efficiency and extend the service provided to owners.

The Ship Registry now has overseas representatives in China, Greece, Japan and Singapore.

Facts and Figures – the Isle of Man Register

The Isle of Man Ship Register can boast the following:

  • 17th largest Register in the world; gross tonnage 14 million.
  • 400 ships registered and 11,000 seafarers under its flag.
  • 24/7 emergency response by Principal Surveyors.
  • Lower costs on the majority of vessel sizes in comparison to Bahamas, Liberia, Marshall Islands and Panama.
  • In 2019 the Ship Registry was one of the first flags in the world to launch electronic digitally signed certification.
  • The Paris MOU produce a “White List” of the highest performing flag states in the world and in June 2019, the Isle of Man took the number one spot.
  • In December 2019, the Ship Registry was awarded “Best Ship Registry” for 2020 by World Commerce Review for the second year in a row.

Cost Competitiveness

Cost is understandably a topic of great importance to owners.

The Isle of Man Shipping Register provides a supportive function to the thriving financial services industry in the Isle of Man. The Register, therefore, does not need to act directly as a tax raising centre, which allows it to be more competitive.

Summary

The Isle of Man is a shipping centre with a maritime tradition. The Shipping Register is a commercial register with a very supportive Government and with vessels allowed to fly the British ensign. Registry staff have a strong technical, supportive and customer focused approach.

Additional Information

If you require any further information regarding the above article, please speak to your usual Dixcart contact or to Steve Doyle at the Dixcart office in the Isle e Isle of Man; steve.doyle@dixcart.com      

Dixcart Management (IOM) Limited is Licensed by the Isle of Man Financial Services Authority.

Shipping Advantages

Shipping Advantages in Cyprus, the Isle of Man, Madeira (Portugal) and Malta

Dixcart can provide clients with a number of alternative ship registration solutions. This note provides a brief overview of the regimes in Cyprus, the Isle of Man, Madeira (Portugal) and Malta and the shipping advantages they offer. More detailed information is available on request regarding shipping in each of the jurisdictions considered in this Information Note.

Shipping Advantages by Jurisdiction:

Cyprus

Cyprus is a major ship management centre attracting foreign ship owners through the highly favourable tax provisions available for shipping companies on the island. It is recognised as one of the most accessible registries in the EU.

The Cyprus shipping registry has not only grown in size in the last two decades but has also made a considerable effort to increase the quality of its fleet and related services. As a result the Cyprus flag is now classified on the white list of the Paris and Tokyo MOUs*.

Key shipping advantages relating to the shipping sector in Cyprus include:

  • Cyprus exempts international transport services from value added tax when these services are supplied outside of the EU.
  • The income of officers and crew on Cypriot registered vessels is not subject to income tax.
  • Cyprus offers a competitive rate of corporate income tax at 12.5%.
  • There is no estate duty on the inheritance of shares in a Cyprus shipping company and no stamp duty is payable on ship mortgage deeds.
  • A new tonnage tax system was enacted in May 2010. The tax system is in full compliance with EU requirements. The tonnage tax (TT) is calculated on the net tonnage of the ship according to a broad range of band rates proscribed in legislation. The Cypriot approved tonnage tax system provides for TT on the net tonnage of the vessel rather than corporation tax on the actual profit. This allows for mixed activities within a group, shipping activities are subject to TT and other activities are subject to 12.5% corporation tax.
  • Cyprus also offers a series of tax advantages which are applicable to ship and ship management companies: exemption from tax of dividend income (subject to limited conditions), exemption from tax on profits from foreign permanent establishments, and exemption from withholding tax on the repatriation of income (dividends, interest and nearly all royalties).

Isle of Man

The Isle of Man Registry is a Category One British Registry, and can therefore maintain international safety convention status for vessels of all sizes and classes. As a British ship, an Isle of Man flagged vessel is entitled to protection and assistance from the British Royal Navy and access to British consular services worldwide.

The Isle of Man shipping registry has a reputation for quality and for a customer focused approach:  

  • The Isle of Man registry is on the Paris and Tokyo MOU white lists. It is recognised by the United States Coast Guard as a Qualship 21 flag and it is at the top of the industry’s flags by country performance table.          
  • The ship registry in the Isle of Man offers in-house expertise and availability 24 hours of every day and provides a fast response to any queries.
  • The Isle of Man registry offers reasonable costs. There are no annual tonnage dues and in terms of tax obligations, corporate income tax in the Isle of Man is zero.       
     
  • There is flexibility in the requirements for registered owners, with a comprehensive list of accepted countries for ownership.  
  • The Isle of Man shipping registry allows ships to demise-in, enabling a transfer of registry and also allows ships to register on a demise charter registry other than in the Isle of Man (demise-out).        
  • It is a flag of choice for merchant vessels and commercial yachts and it is not designated as a flag of convenience.

Madeira (Portugal) Shipping Advantages

The International Shipping Register of Madeira (MAR) was established in 1989 as part of the Madeira International Business Centre (“MIBC”) “package” of taxation benefits. Vessels registered with MAR carry the Portuguese flag and are subject to the International Treaties and Conventions entered into by Portugal.

The key shipping advantages of ship registration in MAR are detailed below:

  • The register is of a high standard, has EU credibility, is not regarded as a flag of convenience and is included in the Paris MOU white list.          
  • There are no nationality requirements for ship-owners of vessels registered in MAR. They are not required to have their head office in Madeira. It is sufficient to have local legal representation with adequate powers.      
  • Only 30% of the safe manning must be “European”. This includes nationalities such as Polish, Russian and Ukrainian, as well as citizens of Portuguese-speaking countries. This requirement may also be derogated if duly justified. This allows for flexible manning.
  • Crew wages are exempt from income tax and from social security charges in Portugal.        
  • The existence of a flexible mortgage system allows the mortgagor and the mortgagee, by written agreement, to choose the legal system of a particular country that will govern the terms of the mortgage.   
  • Competitive registration fees, there are no annual tonnage taxes.   
  • Eight International Classification Societies are recognised in Portugal. MAR can delegate some of its functions to these societies. This can be simpler and more convenient for ship owners.          
  • Temporary registration is allowed by law (bareboat charter: “In” and “Out”).        
  • Shipping companies licensed to operate within MAR benefit from a corporate income tax rate of 5% until 2027. They also enjoy automatic VAT registration and have access to the Portuguese double taxation treaty network.

Malta Shipping Advantages

Malta provides a reputable flag and ensures compliance with international and European standards. Registration of vessels under the Maltese flag take place in two stages. A vessel is provisionally registered for a six month period. During this provisional registration period, the owner is required to submit additional documentation and the vessel is then permanently registered under the Maltese flag.

There are a number of attractive tax reasons and shipping advantages to consider ship registration in Malta:

•       The standard corporate tax rules do not apply to shipping activities in Malta, due to a specific exemption. No tax on profits from shipping activities is therefore due. Following recent amendments this exemption has also been extended to ship management companies.          

•       Shipping operations are subject to an annual tax comprising an annual registration fee and a tonnage tax based on the net tonnage of the vessel. The rates of tonnage tax are reduced according to the age of the vessel.

•       There is an exemption from stamp duty in Malta on the registration or sale of a ship, shares relating to a licensed shipping organisation and the registration of a mortgage relating to a ship.

•       Individuals not resident in Malta who are officers or employees of a licensed shipping organisation, and the organisation that they work for, are exempt from social security contributions.     

Dixcart Shipping Services and Additional Information

Dixcart can assist in all aspects of registering a ship in Cyprus, the Isle of Man, Madeira and Malta.  

Services include the incorporation of the owner entity, coordinating the appropriate corporate and tax compliance, and registration of the vessel.

If you would like additional information on this topic, please speak to your usual Dixcart contact or to:

*White List Paris and Tokyo MOUs: Flags securing the highest rating in relation to the Memorandum of Understandings on Port State Control.

Dixcart Management (IOM) Limited is licensed by the Isle of Man Financial Services Authority