The new guidelines issued by the Cypriot Tax authorities make Cyprus the most attractive jurisdiction for yacht registration in the EU. On the basis of the new guidelines issued by the Cypriot Tax authorities, the effective tax rate for yacht registration in the EU can be reduced to as low as 3% through the use of the Yacht Leasing Scheme.

What is a Yacht Leasing Agreement?

A Yacht Leasing Agreement is an agreement whereby the lessor (the owner of the yacht) contracts the use of the yacht to the lessee (the person who leases the yacht) in return for a consideration.

At the end of the lease period, the lessee may opt to purchase the yacht at a fraction of the original price. Such final purchase is strictly an option which may be exercised by the lessee, at the end of the lease period, for a separate consideration.

What is the VAT treatment of the Yacht Leasing Agreement?

For VAT purposes, the leasing of the yacht is considered as a supply of services with the right of deduction of input VAT by the lessor. This supply of services by the lessor, is taxable at the basic VAT rate of 19% by only to the extent that the leased yacht is used within the territorial waters of the European Union (EU). A specific condition which applies is that the lessor must be a company registered in Cyprus. The lessee may be an individual or legal person, irrespective of residence / place of incorporation.

How is the use of the yacht within EU territorial waters calculated?

Taking into consideration the inherent difficulty of trailing the movements of each yacht in order to determine the time that the yacht is used within the territorial waters of the EU and the time it is used outside the EU, the Yacht Leasing Guidelines provide that Cyprus VAT will only be applied on a percentage of the lease consideration. The applicable percentages have been determined by the Cypriot tax authorities and depend on the length and type of the yacht (motor or sailing yachts) and indicate the presumed length of use of the yacht in EU waters. There is therefore, no need to maintain for VAT purposes, any detailed record or log books of the movements of the yacht.

Certificate confirming VAT payment

On entering into the scheme, the Tax Authorities will issue a Provisional VAT paid Certificate. In the case where the lessee exercises the option to buy the yacht at the end of the lease period, the Tax authorities will issue a certificate to the lessee confirming full payment of the total VAT liability, provided that all the VAT liability has been paid.

Conditions

The VAT treatments prescribed in the Yacht Leasing Guidelines will apply if all the following conditions are met:

• A lease agreement is concluded between a Cyprus company and an individual or legal person, irrespective of residence/place of incorporation (as a lessee). Using two Cyprus companies is however recommended
• The yacht arrives in Cyprus within 1 month from the date of inception of the lease agreement. Any extension of the above mentioned time limit may only be given by the Tax Commissioner. Such extension shall not exceed under any circumstances the time at which the option to purchase the yacht is exercised
• An initial payment amounting to at least 40% of the value of the yacht must be paid by the lessee to the lessor at the inception of the lease agreement
• The lease payments are payable on a monthly basis, and the lease period must under no circumstances exceed the period of 48 months
• The lessee may purchase the yacht at the end of the lease period, for a final consideration of not less than 2.5% of the value of the yacht
• The lessor is expected to make a total profit from the leasing agreement of at least 5% on the initial value of the yacht
• The prior approval of the Tax Consideration needs to be obtained for the application of the Yacht Leasing Guidelines in each case. Such approval will cover the acceptability of the initial value of the yacht and the applicable percentage of use within EU waters on the basis of which VAT will be applied. The application to the Tax Commissioner must be accompanied by documentation supporting the purchase price/value of the yacht and a copy of the lease agreement concluded between the two parties

Income Tax Treatment

The total profit from the leasing agreement which amounts to 5% on the initial value of the yacht will be subject to Income Tax at the rate of 12.5%.

Applicable effective Tax rate 

The tables below indicate the applicable presumed percentage of use of the yacht in EU waters and the effective tax rate:

Table A: Motor Boats

Table B: Sailing Boats

Global Consultants has over the years assembled a team of professionals who will advise and guide you through the entire procedure. Our local knowledge, professional expertise and familiarization with local practises are at your disposal.