On May 3, 2013, the Court of Magistrates in Malta gave judgment in favour of S&D Yachts Ltd of Malta following a dispute over the applicability of VAT charged by S&D Yachts on supplies made to a client vessel.
It was found by the court that S&D Yachts had been correct in charging VAT to the vessel and the vessel was ordered to pay the unpaid VAT amount plus interest and costs.
The vessel had refused to pay VAT on the grounds that they were a commercial yacht.
It was however found that the vessel's commercial certification had lapsed and that there was no evidence of the vessel being engaged in charter activity.
On this basis the vessel effectively was not commercial enough in the eyes of the court to warrant VAT free supplies.
The result of the case provides further case law precedent within the EU and specifically in Malta that to benefit from VAT free supplies a yacht must be earnestly pursuing a genuine commercial business.
Earlier this week we were pleased to act as agents for the visit of this @BenettiYachts Benetti 120 Classic motor yacht to @gsyharbours #Oceanskies #benettiyachts #itsabenetti #Guernsey @VisitGuernsey #ThatIslandFeeling #superyacht #yacht #BelowDeck pic.twitter.com/130L7MfCQD
We were pleased to welcome the latest @princessyachts Princess V40 to the fuel berth outside our offices in St Peter Port Guernsey this morning for customs clearance and fuelling #PrincessYachts #princessaroundtheworld #Guernsey @visitguernsey @guernseyharbours #ThatIslandFeeling pic.twitter.com/aEWGyCi3jT
On the day that Malta welcomes its first commercial flights in three and a half months as it reopens its borders to 21 countries our Malta office were very pleased to act as local agents for the visit of this stunning by @arcadiayachts A105 to @GrandHMarina #Malta #VisitMalta pic.twitter.com/eH09PjF9XA
Very pleased to welcome as local agents the latest @PrincessYachts Princess 30M yacht to the fuel berth outside our offices here in Guernsey for registration, fuel and customs clearance #yachtregistration #yachtagents #crewpayroll #Guernsey @VisitGuernsey @gsyharbours pic.twitter.com/Mh1PcE3goJ
Very pleased to handle the 2nd visit of EMINENCE by @abekingworld to @gsyharbours on provisioning stop with duty free fuel by @Rubis_CI - pls ctc us for agency services for any yacht interested in visiting the Channel Islands @VisitGuernsey @LocateGuernsey #Guernsey #superyacht pic.twitter.com/o7sljee3tu
BREAKING NEWS - MALTA RE-OPENS FOR VISITING YACHTS! Oceanskies Malta are delighted to announce with immediate effect that we are able to resume our Malta port agency services for yachts arriving from outside Malta on a limited basis #MaltaÂ #VisitMalta #MaltaFlagpic.twitter.com/CzSF0FTRmAA