TAX VAT and Customs Duty

Similar documents
GUIDE TO AIRCRAFT REGISTRATION AND FINANCING IN THE ISLE OF MAN

SKELLEFTEÅ AIRPORT PRICE LIST TABLE OF CONTENTS

MAASTRICHT AACHEN AIRPORT BV AIRPORT TARIFF AGREEMENT 2017 EFFECTIVE AS OF 1 APRIL 2018 ALL AMOUNTS STATED IN THIS AIRPORT TARIFF AGREEMENT ARE

Revision of the Third Air Package

ROYAL MALAYSIAN CUSTOMS GOODS AND SERVICES TAX GUIDE ON AIRLINE INDUSTRY

ARMATS ARMENIAN AIR TRAFFIC SERVICES AERONAUTICAL INFORMATION SERVICES REPUBLIC OF ARMENIA GENERAL DEPARTMENT OF CIVIL AVIATION

Jönköping Airport Price List

ARMATS ARMENIAN AIR TRAFFIC SERVICES AERONAUTICAL INFORMATION SERVICES REPUBLIC OF ARMENIA GENERAL DEPARTMENT OF CIVIL AVIATION

(a) it has been licensed for the purpose, and save in accordance with the conditions prescribed in such licence; or

SUMMARY OF THE MEANING OF PUBLIC TRANSPORT & AERIAL WORK

STATUTORY INSTRUMENTS. S.I. No. 420 of 1999 IRISH AVIATION AUTHORITY

Supplement No. 17 published with Gazette No. 22 dated 25 October, THE AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 2007, S.I No.

CIVIL AVIATION REQUIREMENT SECTION 3 AIR TRANSPORT SERIES C PART I ISSUE IV, 24 th March 2017 EFFECTIVE: FORTHWITH

1. Citation, commencement and interpretation

TREATY SERIES 2007 Nº 73

Tallinn Airport Ltd CONDITIONS OF USE

The Commission states that there is a strong link between economic regulation and safety. 2

Aeroplane Noise Regulations (as amended and as applied to the Isle of Man)

Aircraft Leasing. United Kingdom Overseas Territories Aviation Circular OTAC Issue 1 7 October Effective: on issue

Importing/Certifying an Aircraft

Civil Aviation Administration - Denmark Regulations for Civil Aviation

EVALUATE LEASE AGREEMENT

REGULATIONS (10) FOREIGN AIR OPERATORS

Conditions of Carriage

Draft interpretation note on the VAT treatment of supplies of international and ancillary transport services

Briefing note for new Air Passenger Duty operators

Schedule of Airport Charges

Tariff Regulations at Torp Sandefjord Airport

Tariff Regulations at Torp Sandefjord Airport

GUYANA CIVIL AVIATION REGULATION PART X- FOREIGN OPERATORS.

EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Customs Policy, Legislation, Tariff Customs Legislation

Airport Access Charges

FIJI AERONAUTICAL INFORMATION CIRCULAR

Tariff Regulations for Bornholm Airport

APPLICATION FOR A LICENCE TO OPERATE INCLUSIVE TOUR AND GROUP CHARTER INTO AND OUT OF KENYA

GC No. 6 Flight in UK Airspace of Certain Foreign Registered Aircraft not holding ICAO compliant certificates of airworthiness

GUERNSEY AVIATION REQUIREMENTS. (GARs) CERTIFICATION OF AIRCRAFT PART 21

Clarification of Customs Terms for Temporary Aircraft Admission to EU

Regulation on the Danish Transport Authority s fees and charges in the aviation area etc.

Surname:... Name of company:... Registration No:... Place of Registration:... Any other SCAA Approval held (quote Approval No.)...

IRELAND SAFETY REGULATION DIVISION IRISH AVIATION AUTHORITY AVIATION HOUSE HAWKINS STREET DUBLIN 2 Tel Fax AFTN EIDWYOYX

Advice for brokers about the ATOL Regulations and the ATOL scheme

ENTRY, DEPARTURE AND TRANSIT OF AIRCRAFT 1. GENERAL 2. INTERNATIONAL SCHEDULED FLIGHTS GEN SEP 2012 AIP HUNGARY

Page 1 sur 18 LFTH

Tariff Regulations 2018

Appendix A - Definitions

of 24 November 1994 (Status as of 1 January 2019)

CIVIL AVIATION REGULATIONS PART 10 COMMERCIAL AIR TRANSPORT BY FOREIGN AIR OPERATORS WITHIN FEDERATED STATES OF MICRONESIA

Ownership Options for the HondaJet Explained

United Kingdom Civil Aviation Authority

NOTICE 1063 OF 2012 AIRPORTS COMPANY SOUTH AFRICA LIMITED. AIRPORTS COMPANY ACT, 1993 (ACT No. 44 OF 1993), AS AMENDED PUBLICATION OF AIRPORT CHARGES

AGREEMENT BETWEEN JAPAN AND THE KINGDOM OF SAUDI ARABIA FOR AIR SERVICES

Aviation List. Admitted Liability: In aviation insurance, payments to an injured passenger made without the need of establishing liability.

Trains, planes, cars and boats. What you should know

Guidance Note on applying for an Air Carrier Operating Licence

PART XIII - AIR TRANSPORT SERVICES

AIRPORTS AND CIVIL AVIATION (AMENDMENT) BILL 2018

VANCOUVER AIRPORT AUTHORITY TARIFF OF FEES AND CHARGES Effective January 1, 2019 Subject to Change PAYMENT TERMS AND CONDITIONS

CHARGES REGULATIONS APPLYING TO COPENHAGEN AIRPORT IN FORCE DURING THE PERIOD 1 APRIL 2018 TO 31 MARCH 2019

Page 1 sur 19 LFTH

REGULATIONS FOR DECLARATION AND DISPOSAL OF UNCLAIMED ITEMS OF THE PIRAEUS CONTAINER TERMINAL S.A. IN THE PIRAEUS FREE ZONE

BILATERAL TEMPLATE AIR SERVICES AGREEMENT

Subpart H. 2042/2003

of 24 November 1994 (Status as of 12 October 2017)

TITLE 20 AERONAUTICS

Marine Protection Rules Part 101B: Surveys and Inspections Noxious Liquid Substances Carried in Bulk

CAAC China. CCAR 121 Subpart P Crew members Flight and Duty time Limits, and Rest Requirements Revision Oct-2017

The Take Off Charge is calculated on the basis of the aircraft s MTOW. Reductions, exemptions, and restrictions to this charge are listed below.

(I) are issued. (Arun Mishra) and Repair. Seaplane. mentioned above. directly or indirectly. Ministry of. Government of India. AIC Sl. No.

Exhibitor ticket portal 2018 prices

Sida 1 av 7 Ivan Forsman SGHA HMV Kopia

To whom it may concern,

Terms and Conditions of the Carrier

Official Journal of the European Union L 59/1. (Non-legislative acts) REGULATIONS

Tariff Regulations. ODE / EKOD Hans Christian Andersen Airport

Safety Regulatory Oversight of Commercial Operations Conducted Offshore

Cayman Islands Aviation Circular

Sida 1 av 7 Ivan Forsman SGHA externa flygbolag doc

DGCA Indonesia CASR Part Amendment 8 Flight Time, Duty Time and Rest Requirements

Aviation Regulation Latest Developments and Their Impact for Industry

Air Operator Certificate Issue / Renewal Application Form (Flight Standards Directorate CAA Pakistan)

General Transport Terms and Conditions

3.1. Unless otherwise agreed between INFLITE and the Charterer and specified in the Charter Booking Confirmation, normal terms of payment will be:

STATUTORY INSTRUMENTS. S.I. No. 776 of 2005 IRISH AVIATION AUTHORITY (EUROCONTROL) (CONSOLIDATED ROUTE CHARGES) REGULATIONS, 2005

Tariffs for Aerodrome Services. at the John Paul II International Airport Kraków-Balice. k r a k o w a i r p o r t. p l

Certification Memorandum. Large Aeroplane Evacuation Certification Specifications Cabin Crew Members Assumed to be On Board

Better regulation for general aviation (update July 2010) July 2010 Better regulation for General Aviation 1

Order on the Danish Transport, Construction and Housing Authority s fees and charges in the aviation area etc.

Affordable Motorhome Rentals Terms & Conditions

SBL Motorhome Hire. Terms and Conditions

PPR REGULATIONS FOR BUSINESS AND GENERAL AVIATION AT EINDHOVEN AIRPORT

GUIDELINES FOR FOREIGN DIRECT INVESTMENT IN THE CIVIL AVIATION SECTOR

Airservices Australia Long Term Pricing Agreement. Discussion Paper April Submission by Australia Pacific Airport Corporation (APAC)

(Parent Website)

Applicant: EUROWINGS LUFTVERKEHRS AG (Eurowings) Date Filed: July 16, 2014

The registration of foreign owned vessel under the Nigerian Cabotage Act 2003

Brexit Preparedness seminar on transport. Council Working Party (Article 50 Format) 29/11/2018

Aviation Legal Developments 2013

The name(s) provided will be reflected on the Certificate when issued. The name(s) provided is (are): Surname:... Given Name:... Name of company:...

AC 91-37A Truth in Leasing

Transcription:

David Thompson, DLA Piper TAX VAT and Customs Duty Aoife O'Sullivan, Gates & Partners

Importation into the EU Basic Principles Customs duty is payable on the import of goods by the importer by reference to the Common Customs Tariff of the EU. VAT is due on the import of goods into the EU the VAT is payable by the importer who is liable to pay the customs debt under the Community Customs Code and at the same time as the Customs Debt is due. The declarant is liable, but if the declaration is made on behalf of another person, that other person is also liable. Where proper import procedure is not followed liability can spread wider to other persons involved in the unlawful introduction and who acquire an interest in the goods. Civil aircraft are normally imported with end use relief for free circulation within the EU an alternative is temporary admission, to which strict limitations apply. Declaration required on Single Administrative Document ("SAD") - UK form is the "C88"

Customs Duty End Use Relief Civil aircraft with a UK, EU or non-eu civil registration the commodity code in Box 33 of the C88 will normally be 88 02 30 00 10 (unladen weight exceeding 2,000 Kg, but not more than 15,000 Kg) or 88 02 40 00 10 (unladen weight exceeding 15,000 Kg). Import is under the end use authorisation of the importer, who must be established in the EU simplified procedures (that otherwise apply only to occasional importations of other goods) apply to registered civil aircraft. The procedure code is entered in Box 37 of the C88 and the end-use authorisation number in box 44. Production of a valid civil registration certificate is required at the time of import it is the existence of the registration of the aircraft that "completes" end use relief. Agents should not identify themselves as consignee on the C88, but clearly indicate the importer both agent and importer are liable. End use relief can also apply to parts, but an alternative certification for parts is import with an airworthiness certificate.

Temporary Admission Aircraft registered and owned (or at least owned, if not registered) outside the EU. Period of use under TA where it is used by a non-eu person is: private personal use six months; commercial use - time taken to load/unload or pick up/set down for maximum of 24 months. Period of use under TA where use is by an EU person: Private transport: hired outside the EU to return home to EU or to leave the EU 8 days; occasional private use permitted by non-eu owner/employer six months; preparing to emigrate outside EU three months. Commercial if commercial use arranged by non-eu person and has given written authority to EU person to use it on their behalf time taken to transport goods or persons to or from the EU (also certain other limited categories 5 or 8 days).

Importation General Aviation Report Prior to arrival in the UK a General Aviation Report ("GAR") must be completed detailing the intended use of the aircraft. The GAR must be sent by fax or e-mail to the National Co-Ordination Unit ("NCU") by the following deadlines prior to arrival: From elsewhere in the EU four hours; From the Channel Islands twelve hours; From elsewhere outside the EU 24 hours. The airport has to be a designated airport or "certificate of agreement" (COA) airport approved for import entry.

VAT General 1 Goods - subject to VAT in the member state of the EU where supplied. Supply of goods occurs where: there is a "transfer of the whole property in goods"; possession is transferred under "agreements which expressly contemplate that the property will also pass at some time in the future" e.g. hire purchase/conditional sale No supply for VAT where aircraft sold by a mortgagee after repossession under an aircraft mortgage where owner is private owner, subject to certain conditions. Goods also treated as supplied in the UK: When imported into the UK from outside the EU; On "acquisition" (import) by business in the UK from another EU member state; aircraft is "new" means of transport (> 1550Kg MTOW and not more than three months since first entered into service and note more than 40 flying hours).

VAT General 2 Leasing into UK or other member state: B2C register and charge VAT; B2B reverse charge on recipient; import from outside EU recovery Thirteenth Directive; liability to account for VAT on subsequent sale sch 3A VATA 1994 Export outside the EU zero-rating conditions: export within three months; commercial evidence of export must be retained; "indirect" export customer exports and must provide evidence to exporter. Treatment of leasing varies between member states

VAT General 3 Anything that is a supply for consideration that is not a supply of good is a supply of services Operating leases and finance leases VATable supplies of services Basic place of supply of services rules -B2C where supplier "belongs" - B2B where customer "belongs" Special Rules (B2B and B2C) Hire other than short term hire (more than 30 days) B2C to 31 December 2012 - place where supplier "belongs" B2B (and from 1 January 2013 B2C) place where customer "belongs" Short term hire (less up to 30 days) place where aircraft put at disposal of customer Overriding rule - "use and enjoyment" outside EU places supply outside UK Passenger transport place where transport takes place, proportionate to distance covered (international mainly ZR anyway)

"Qualifying Aircraft" - 1 Article 148(e) of Directive 2006/112/EC "aircraft used by airlines operating for reward chiefly on international routes". UK before 1 January 2011: "weight not less than 8,000 Kg" and " neither designed nor adapted for use for recreation or pleasure". UK with effect for supplies, acquisitions or importations from 1 January 2011: "used by an airline operating for reward chiefly on international routes"; an airline "means an undertaking which provides services for carriage by air of passengers or cargo or both". Transactions affected: Supply, import or acquisition of the aircraft itself whether sale, lease or otherwise Repair, maintenance, conversion Supply of "parts and equipment of a kind ordinarily installed or incorporated in, and to be installed or incorporated in (a) the propulsion, navigation or communication systems or (b) the general structure" and supply of certain safety equipment.

Qualifying Aircraft - 2 What is "use by an airline?" Commercial registration for passenger charter aircraft is used by the owner (normally a non-resident special purpose vehicle owned by high net worth individuals), but chartered to third parties when not so used. Aircraft Management or Flight Services Agreement "Operator" provides the services it or a group member is an AOC holder in possession of an aircraft. There is an "undertaking", but is it an airline? Owner Services Operator Charter

Qualifying Aircraft - 3 HMRC views HMRC Interpretation revised Notice 744C. "undertaking" can take any legal form and may include a group of companies in some cases. absence of an AOC "is an indicator that it is unlikely to allowed to operate as an airline". supply of aircraft or of transport? Notice 744C "formal charter/ hire contract treated as the supply of a means of transport" Notice 744A "passenger transport services" supplied where an "aircraft is provided together with a driver or crew" ZR if supply is to an intermediate party before onward supply to an end user that is an airline, but not a supply to the "Owner". Aircraft managers may be an "airline" when using private aircraft for transportation services but " it will not normally allow an aircraft to be 'qualifying'. This is because aircraft that are used wholly or partly for purposes other than the supply of..transportation can't be considered qualifying aircraft" i.e. use has to be exclusively for transport.

Qualifying Aircraft - 4 Easier questions! "operating for reward" the airline can provide passenger or freight transportation on scheduled and/or unscheduled flights in return for consideration there is no need for it to operate at a profit, but " it must be a business operation in nature. "international routes" - routes that start or finish outside UK airspace, but not flights that are domestic flights that merely pass through international airspace. "chiefly" "the international route operations of an airline must exceed its UK domestic route operations" (follows ECJ decision in Cimber Air). In summary there are two principal outstanding problems with HMRC's position: insistence on exclusive "use" by the airline as an airline; view that ZR depends on identity of the recipient of the supply (with only limited "look through").

Qualifying Aircraft - 5 The "use" question No exclusive use implied Brutus v Cozens [1973] AC 854 Volker Oil [1991] STC 640 and Emelka (Cases C-181/04 to c-183/04) supports HMRC by analogy with qualifying ship test contrast Navicon SA (Case C-97/06) "partial charter" (provision of space on a ship) exempt Re A Oy (Case C-33/11) AG Opinion in favour of qualifying status where partial use for third party charter The "direction of supply question" the EU and UK legislation only requires the aircraft to be qualifying for the supply to benefit from ZR Société International de Télécommunications Aéronautiques v- CCE [2004] STC 950 what matters is "the nature of the service rather than its recipient".

Qualifying Aircraft - 6 Re A Oy: Company A was owned by an individual, X Import X A imported two aircraft from France and leased them to Company B B charged A for passenger flights for X A 100 A re-charged X for the same flights AG view: B was an airline Lease 25 C A was entitled to exemption, even though B was the airline Exemption applied, even though ultimate owner was recipient of the supply B 78

Qualifying Aircraft - 7 Case Study Lease Structure Alternative Structures Owner leases to Lessorco (IoM) Lessorco leases to AOC holder ("Op") Owner Third Parties AOC holder provides passenger charter to Owner and to Third Parties Effect AOC Holder has formal lease of aircraft Lease Charter AOC Holder is always acting as an "airline" Important that charters to Owner and Third Parties represent "Carriage by air of passengers or cargo" Lessorco Lease Op

Qualifying Aircraft 8 Case Study - Onward Sale If the next use is qualifying or if the aircraft is exported zero-rate If non-qualifying VAT could be due or it could be non-business Repossession VAT free and onward sale by mortgagee may be VAT free Export - ZR ZR or Non- Business Qualifying Non Qualifying Non- Business or Repo? VAT?

Qualifying Aircraft - 9 - Conclusions How bad for operators and owners is HMRC's interpretation? On 19 ECJ decision in Re A Oy is due out. Suppliers of parts and maintenance will look for customers to certify that the aircraft is qualifying HMRC challenges will take time to work through as control visits tend to occur every three or four years. If the aircraft is not "qualifying" then: services of operator potentially split "multiple supply" not "composite supply"; fuel for flight whose eventual destination is outside the UK ZR under s. 30(6)(b) VATA; supply of pilots and crew ZR as "handling services" under Item 6 Group 5 Sch 8 VATA HMRC potential challenges to structures in use!? THANK YOU!