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Global IDT Insights provides a weekly snippet of tax news specifically related to Indirect Taxes from around the globe.
1. EU Issued Guidance on the Treatment of Pleasure Crafts by Customs and Tax Authorities
The European Union has issued a guidance note on the treatment of pleasure craft (boats/vessels and aircraft) by customs and tax authorities of the 27 Member States. The guidance is intended to facilitate the correct and uniform application of customs and tax legislation across the EU and to improve customs and tax compliance by economic operators.
The key aspects of the guidance note are explained below:
1.1 Pleasure Crafts Include Boats/Vessels/Aircraft
The terms ‘goods’ and ‘pleasure craft’ apply to both pleasure boats/vessels and pleasure/private aircraft. Therefore, the customs rules discussed in the guidance apply to both categories, and references to pleasure craft should be read accordingly.
A pleasure boat/vessel is a water-going craft that moves under its own power or by wind. It also includes a craft being trailed behind a vehicle. A craft transported by other means, such as commercial transport, is also covered by this definition. A pleasure aircraft includes a flying craft, a private aircraft, or a private helicopter. The definition also covers aircraft being moved by private trailer or commercial transport.
1.2 Distinction Between Union Goods and Non-Union Goods
Union goods are goods that are wholly obtained in the customs territory of the Union. They also include goods brought into the customs territory of the Union from outside the EU and released for free circulation. Further, goods obtained or produced in the customs territory of the Union from goods that have been released for free circulation also qualify as Union goods. Such goods have Union status for customs purposes.
Non-Union goods are goods other than Union goods. They also include goods that have lost their status as Union goods. A pleasure craft that does not meet the conditions for Union goods is treated as a non-Union good.
1.3 Union Goods Lose ‘Union’ Status When They Leave the EU
Union goods lose their status as Union goods from the moment they leave the customs territory of the Union. However, customs legislation provides certain exceptions. In specific cases, Union goods may move temporarily out of the customs territory of the Union without their Union status being altered.
1.4 Union Goods Moving Under the Internal Transit Procedure
Union goods may move from one point to another within the customs territory of the Union under the internal transit procedure. They may also temporarily move out of the customs territory during such movement. Their status as Union goods can be retained if the prescribed conditions are met and the required proof is provided.
Union status must be established when the internal transit procedure takes place under the TIR Convention, the ATA Convention/Istanbul Convention, the Rhine Manifest, Form 302, or the postal system in accordance with the acts of the UPU. Customs legislation prescribes the conditions and means for establishing such a status. Compliance with these requirements allows the goods to retain their status as Union goods during movement.
1.5 Union Goods Temporarily Leaving the EU Without Internal Transit Procedure
Union goods may move from one point to another within the customs territory of the Union and temporarily out of that territory without being placed under a customs procedure. Article 119(2) DA identifies the specific cases in which the status is not changed:
- Air transport between EU airports under a single transport document
- Sea transport on a Regular Shipping Service (RSS) between two EU ports
- Rail transport through a contracting party under a single transport document and an international agreement
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