Shock verdict: Boat owners not eligible for Returned Goods Relief

Recreational boat owners, established in the UK, who lawfully purchased and kept their boat in the EU at the time the UK was an EU member, will not be eligible for Returned Goods Relief (RGR), the government has advised.

It’s a disappointing outcome felt by the Royal Yachting Association, British Marine, Association of Brokers and Yacht Agents and the Cruising Association.

Lesley Robinson, CEO of British Marine, says her organisation will work with its strategic partners to challenge the decision and press for a change in policy.

“This is obviously very disappointing news in light of the previous commitments from government to support UK boat owners bringing their vessels back to the UK,” she says.

At a recent meeting with HMRC (14 December 2022), the lobbying team were informed of the government’s decision to reject the proposal by the RYA allowing recreational boat owners, established in the UK, who lawfully purchased and kept their boat in the EU at the time the UK was an EU member, to be eligible for RGR.

This follows a few years of back and forth on decisions.

Back in April 2019, the government said: “The intended UK policy is that a UK vessel will not lose its status as VAT paid in the UK because it is outside UK territorial waters on EU exit day. When the vessel returns to the UK the person responsible for the vessel can claim Returned Goods Relief.”

Then in November 2020, the government reaffirmed: “If a vessel was re-imported during 2021, it would be sufficient to show that any sale or transfer or ownership had been made in compliance with [EU] VAT legislation.”

It was not until 17 December 2020 that HMRC stated that the advice it gave on 3 November 2020 was incorrect and that it would be unable to apply an easement for returning vessels after the UK left the EU. This gave boat owners just 14 days to rebase their boats to the UK to avoid a second VAT charge. Given the distance, winter weather conditions and above all covid travel restrictions, this was not only unrealistic, but for most, it was simply impossible.

“This proposal has been with the government since January 2022 following the successful case we made for an easement of the three-year RGR condition,” says Mel Hide, RYA’s director of external affairs. “It is therefore a deeply disappointing outcome and falls well short of resolving the issue for those who have been caught out by incorrect advice provided by the government. It would also seem to fall short of the government’s commitment to assist UK industry as we forge our future outside of the EU. We must now consider what action we can collectively take to seek a better outcome.”

October 2020

RYA seeks more guidance from HM Treasury on Returned Goods Relief — HM Treasury shares its updated plans for an extension period of one year on its Returned Goods Relief policy.

November 2020

Peters & May urge boat owners to think Brexit and VAT, saying that in its understanding from 1 January 2021, the rule that yachts must return to the UK within three years of having last left the UK/EU in order to be entitled to Returned Goods Relief on duty, and VAT will be strictly enforced.

February 2021

The Cruising Association officially starts campaigning to reduce the impact of Brexit on British small boat cruisers.

The Royal Yachting Association (RYA) and British Marine (BM) add their voices to the campaign to challenge HMRC’s post-Brexit plans for private leisure craft.

March 2021

HM Revenue and Customs (HMRC) announces a six-month extension to the one-year grace period previously put in place by the government.

April 2021

Industry collaboration yields confirmation on post-Brexit VAT and release guidance.

June 2021

Greek Customs authority acknowledges the rights of UK yachts to return to Greek waters and retain their EU VAT Status, following a complaint to the European Union (EU) by the Cruising Association.

December 2021

UK government confirms that from 1 January 2022, recreational boat owners will not be required to pay a second amount of UK VAT if their vessels have been outside the UK for more than three years.

February 2022

The Cruising Association announces that HMRC has followed through its proposed positive change to the application of RGR for recreational craft. This results in many boat owners no longer becoming liable to pay VAT on the return of their boats to the UK.

December 2022

Government advises recreational boat owners, established in the UK, who lawfully purchased and kept their boat in the EU at the time the UK was an EU member, will not be eligible for Returned Goods Relief.