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Crowdfunding launched by German/Swiss AOPAs to help rescue a retired pilot from bankruptcy due to German customs decision

I don’t see any thing that is specific to an aircraft or a trust here: If one uses a vehicle cross border that belongs to a legal entity and not to oneself personally it is good practice to have a document issued by that legal entity that you are entitled to use the vehicle. If you drive a company car you typically get this letter together with the keys.

If you do not have that, it is not that the police in any country “can get you” but rather that it can take a little longer to verify that the ride has not been stolen …

Germany

Peter wrote:

So if a non-EU-resident flies (uses) an N-reg (legal owner: Trust, outside the EU) into the EU, it would be a good idea to have a written authorisation by the trust….
That is dynamite…

“dynamite” meaning?

At least one company managing trusts does exactly that. There are two agreements, a trust agreement and an operating agreement (between the Trust (Owner Trustee) and the Operator). In most cases the Operator would be the same person as the Trustor, but I see no reason that the Operator couldn’t be any person.

I think it makes sense for any Operator, EU resident or not, if for no other reason than it creates a clear legal basis for operating the aircraft.

Last Edited by chflyer at 06 Feb 11:25
LSZK, Switzerland

Peter wrote:

Isn’t that implicit in the trust document?

I doubt anyone would ask for such letter as you are the beneficiary owner and you do what you wish with the aircraft

When renting aircraft in US to travel in Caribbean, the FBOs in Florida gives you a “Letter of Authorization or Rental”, I understand as it’s US aircraft not registered in pilot name but this is not listed in any official aircraft documents to carry by FAA or NAA (but it’s referenced in AOPA guide)

I doubt this one relates to anything with customs (upon landing in any country you need to buy “temporary cruise permits” that gets signed by customs and when coming back to US you need a “CBP customs decal”)

Paris/Essex, France/UK, United Kingdom

Nothing, as it is just forum speculation.

Mainz (EDFZ) & Egelsbach (EDFE), Germany

So if a non-EU-resident flies (uses) an N-reg (legal owner: Trust, outside the EU) into the EU, it would be a good idea to have a written authorisation by the trust….

Isn’t that implicit in the trust document?

Otherwise, this could be used by German police to “get” a lot of people. A lot of German pilots are N-reg owners too It’s a huge community out there, including Germany being about the only country in “western” Europe where you can keep an uncertified N-reg for any useful length of time. I wonder what @boscomantico thinks of this.

Administrator
Shoreham EGKA, United Kingdom

Mooney_Driver wrote:

As far as i am informed in Switzerland as a Swiss resident you may not drive any foreign registered car in Switzerland without paying customs and VAT. Some rental car companies may have authorisation to do this however.

This is also my understanding….. i.e. if a Swiss resident goes to Germany, rents a car, and then drives it into Switzerland, it needs to be declared and customs and VAT paid since it exceeds the CHF300 exemption for importing goods into Switzerland. There may be some special authorizations negotiated by rental companies, but one should certainly confirm with them when renting, if that is one’s plan.

LSZK, Switzerland

Ibra wrote:

I am sure private & rental cars would have be in deep troubles with regards to duty & vat if we get them equipped with ADSB/ModeS, then they start appearing everywhere in FR24 as well as in PlaneSpotter websites

I thought this is well known here and you don’t really need that. Rental car companies know this and tell their clients or have arrangements such as having a number of dual VAT cars available (like N-regs which have a letter of free circulation in both Switzerland and the EU because they paid VAT in both places).

Every once in a while our papers will portray a case where someone gets fleeced who drove his cousin’s german car in Switzerland and ends up paying full VAT and Customs. Couple of grand for sure. And Germany, well, read the thread. It’s not only aviation that German customs care about.

LSZH(work) LSZF (GA base), Switzerland

I am sure private & rental cars would have be in deep troubles with regards to duty & vat if we get them equipped with ADSB/ModeS, then they start appearing everywhere in FR24 as well as in PlaneSpotter websites

Last Edited by Ibra at 26 Sep 19:17
Paris/Essex, France/UK, United Kingdom

Cobalt wrote:

Where those means of transport are used privately by a third person established outside the customs territory of the Union, total relief from import duty shall be granted provided that that person is duly authorised in writing by the holder of the authorisation.

This would also have to be the case for a Swiss flying a Swiss rental airplane. Never heard of this before. Question is, does he have to have this on his person? If so, we’d have to look into this.

Cobalt wrote:

So if a EU resident takes a non-EU registered rental car into the EU and does anything with it other than driving home, they have to pay customs & VAT.

As far as i am informed in Switzerland as a Swiss resident you may not drive any foreign registered car in Switzerland without paying customs and VAT. Some rental car companies may have authorisation to do this however.

LSZH(work) LSZF (GA base), Switzerland

So if a non-EU-resident flies (uses) an N-reg (legal owner: Trust, outside the EU) into the EU, it would be a good idea to have a written authorisation by the trust….

That is dynamite…

Administrator
Shoreham EGKA, United Kingdom
504 Posts
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