If a foreign buyer wishes to cruise in the US after purchasing a US
vessel, there are major advantages to getting a state title, since the
boat can't be US documented and owned by a non US citizen.
If the boat is state titled:
No US Customs Cruising License is required.
Since no Cruising License is involved, it is not necessary to report in
at various ports when traveling from port to port. Eliminates the
chances of getting fined $5000 per incident for failing to report
(10,000 for the second instance).
Some states, especially Washington will attempt to force foreign flag
yachts to use expensive pilotage services or collect exorbitant fees to
provide an exemption. Alaska and Washington think they are entitled to
discriminate against foreign flag yachts.
Cruising to Canada or Mexico with the US titled boat should not be a
problem.
Titling the boat in a state that has no sales/use tax cuts down on the
chances of becoming entangled with the state taxing authorities;
California is notorious for this.
The yacht has a dinghy, it needs to be titled. Titling it in any state
that has sales/use taxes will entangle the yacht with the state taxing
authorities, creates property that is owned in that state and leaves the
owner vulnerable to the dinghy having a lien brought against for taxes,
imagined or otherwise. Such a lien could result in difficulty in
transferring the title.
These issues are not hypothetical as I have had a client who encountered
just these sorts of difficulties.
Yachts over 20 meters(65 feet) seem to be eligible to be state titled.
Once the yacht leaves the US permanently transferring the registration
to a flag of convenience like the British Virgin Islands should not be
more difficult due to the interim titling that was done for the benefit
of cruising in the US.
An Oregon yacht dealer who could be employed to arrange the titling and
registration in Oregon is Dale Laird at Hayden Island Yacht Sales,
+1-503-519-4235. I have confirmation that Oregon will accept titling for
yachts owned by foreign buyers.
--
Capt. Mike Maurice
Tigard, Oregon 97224
Be aware that neighboring states to Oregon (or any other state that doesn't
charge sales tax) are always trying to catch boats (or RV's, airplanes, cars)
that were registered there for tax reasons. Its a common ploy to try to do
this given that WA state sales/use taxes are in the 8.5% range, and CA is
probably higher.
I don't know about the 65' rule for boats, but I know if I (as a WA resident)
tried to register my 55' boat, or my car or RV in Oregon to avoid taxes, I
would find that Oregon officials would refuse to do so unless I had a valid
Oregon address (and would therefore be subject to their income tax). They try
to play fair with the neighbors.
I don't understand why Oregon, which has nothing to gain by the registration
in terms of tax revenue, would behave completely differently when it comes to
foreign owners. My presumption is that the foreign owner would need to present
an Oregon address, and if that wasn't truly their home, that would be fraud.
But then, I'm not a lawyer. I simply hear horror stories about this here in WA
state.
John Marshall
On May 13, 2010, at 9:36 AM, Mike Maurice wrote:
If a foreign buyer wishes to cruise in the US after purchasing a US vessel,
there are major advantages to getting a state title, since the boat can't be
US documented and owned by a non US citizen.
If the boat is state titled:
No US Customs Cruising License is required.
Since no Cruising License is involved, it is not necessary to report in at
various ports when traveling from port to port. Eliminates the chances of
getting fined $5000 per incident for failing to report (10,000 for the second
instance).
Some states, especially Washington will attempt to force foreign flag yachts
to use expensive pilotage services or collect exorbitant fees to provide an
exemption. Alaska and Washington think they are entitled to discriminate
against foreign flag yachts.
Cruising to Canada or Mexico with the US titled boat should not be a
problem.
Titling the boat in a state that has no sales/use tax cuts down on the
chances of becoming entangled with the state taxing authorities; California is
notorious for this.
The yacht has a dinghy, it needs to be titled. Titling it in any state that
has sales/use taxes will entangle the yacht with the state taxing authorities,
creates property that is owned in that state and leaves the owner vulnerable
to the dinghy having a lien brought against for taxes, imagined or otherwise.
Such a lien could result in difficulty in transferring the title.
These issues are not hypothetical as I have had a client who encountered
just these sorts of difficulties.
Yachts over 20 meters(65 feet) seem to be eligible to be state titled.
Once the yacht leaves the US permanently transferring the registration to a
flag of convenience like the British Virgin Islands should not be more
difficult due to the interim titling that was done for the benefit of cruising
in the US.
An Oregon yacht dealer who could be employed to arrange the titling and
registration in Oregon is Dale Laird at Hayden Island Yacht Sales,
+1-503-519-4235. I have confirmation that Oregon will accept titling for
yachts owned by foreign buyers.
--
Capt. Mike Maurice
Tigard, Oregon 97224
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