Hello Everyone, I need some help with one of my clients. My client owns a Yacht which is under a Foreign Corporation and was built in Europe. The foreign corporation will sail its clients to the US, what are the permits needed from The Coast Guard or any other goverment department in orther to sail in the US? Any tax implications? Does my client need to open a corporation in the US in order to charter passenger here in Florida? Does The Jones Act and The Passenger Service Act apply? Thank you very much in advance Cesar
For these type of questions you want to consult a maritime lawyer, it is too complex and there is too much at stake to rely on forum opinion Afaik, a foreign flagged boat can not run charters in the US. If the boat is imported and flagged in the US (owners of the US corporations must be US citizens) then it can be chartered in the US. Being foreign built, it can not be inspected and will be limited to 6 passengers for a regular charter or 12 under a bareboat contract
The boat needs to have a private registry in order to obtain a cruising license from US Customs. There should be no Coast Guard restrictions as long as the vessel meets with all the US safety regulations for a private vessel (flares, lifejackets, pollution regulations, etc.). You cannot charter the vessel in the traditional sense, but you may offer it for bareboat (demise) charters.
You might look at this http://www.1800jonesact.com/maritime_statutes/default.html Merchant Marine Act of 1920 - Wikipedia, the free encyclopedia
I obviously meant that for a US corporation to own a USCG documented vessel, the stockholders / officers (or a majority of) must be US citizens