SACRAMENTO - When legislators finally approved California's state budget Aug. 21 after a 51-day-long impasse, it contained a nice surprise for boaters: the return of a sales tax exemption on the purchase of yachts in California that are delivered offshore.
The new provision allows buyers of a boat, plane or recreational vehicle to avoid paying sales tax, as long as they follow specific guidelines and keep it out of the state for at least 90 days after the purchase. The legal requirements are somewhat complex, so getting the advice of both a tax professional and a yacht delivery firm experienced in offshore deliveries is a must.
This provision replaces a measure enacted in 2004 that had required boat buyers (along with RV and aircraft buyers) to keep their purchased vessel outside California for a full year to qualify for an exemption.
Senate Minority Leader Dick Ackerman, R-Irvine - a boat owner - is credited with spearheading the drive to remove a renewal of the one-year out-of-state requirement from this year's budget. Ackerman told reporters that the 2004 law restricting the sales tax exemption "was going to be an experiment," and he believes that experiment had failed.
Yacht brokers and boat builders statewide had been adversely affected by 2004's tougher requirements for buyers who sought to avoid sales tax, Ackerman said. A return to the 90-day out-of-state requirement for offshore deliveries is expected to provide a valuable incentive for new buyers, resulting in increased sales of larger vessels by California yacht dealers and brokers.
The tax savings will especially be a boon to buyers of larger yachts. For example, while the tax savings on a $250,000 38-foot sport fisher would be around $19,500, the buyer of a $3 million 60-foot motor yacht could save a whopping $234,000 through the exemption.
In order to take advantage of the sales and usage tax exemption, buyers are required to carefully follow state tax codes. In addition to taking delivery of their vessel outside California, buyers must keep the boat out of state waters for at least 90 days of the first 180 days of ownership. The boat must actually be used during that time period (not simply stored out of state) and the original intention of the buyer must to use the boat outside of California. Many boaters opt for a slip in one of Ensenada, Mexico's full-service marinas, which some boaters have dubbed "the 90-day Yacht Club."
In addition, boat buyers must be able to document all aspects of the vessel delivery and the out-of-state berthing, to prove compliance with state law. Several books are available that describe the process, including Capt. Lonnie Ryan's "The 90-day Yacht Club Guide to Ensenada." While reputable California yacht brokers can explain basic details of the law regarding exemptions, it is wise to engage the services of a professional tax advisor and a company that has experience with the requirements involved in an offshore delivery.
The return of the 90-day requirement was approved as one of several budget compromises with Democratic legislators, which resulted in passage of the $145.5 billion budget signed by Gov. Arnold Schwarzenegger on Aug. 25.