Sarah Humpleby
Partner
Cayman Islands
Key takeaways
The YET regime enables a privately registered yacht to:
(a) undertake commercial charter activity for up to 84 days per year;
(b) continue to operate primarily as a pleasure yacht; and
(c) remain compliant with Red Ensign Group (REG) Yacht Code.
During charter periods, the yacht is temporarily reclassified through:
(a) a YET Certificate of Compliance (YET CoC); and
(b) a Temporary Certificate of British Registry (CoBR YET).
To qualify for YET status, a yacht must:
(a) be 24 metres or more in length;
(b) be Cayman Islands registered;
(c) hold a valid REG Yacht Code Certificate of Compliance;
(d) comply with all applicable international and local regulations;
(e) successfully pass annual surveys.
Charter limits: Charter activity is capped at a maximum 84 charter days per calendar year.
Private use restrictions: The owner cannot use the yacht privately during any period when a CoBR YET is in force.
Jurisdictional limitations: The regime is only available in jurisdictions that recognise the YET framework. Owners should confirm applicability with a customs broker or fiscal adviser prior to chartering.
VAT restrictions: Yachts operating under the YET regime cannot benefit from VAT exemptions on fuel or operating consumables.
While operating under YET, the yacht is treated as a commercial vessel and is subject to Port State Control inspections under the Paris MoU regime. Continuous compliance with the REG Yacht Code and completion of annual surveys remain mandatory.
Ongoing compliance requirements
Notwithstanding its private use, the yacht must at all times:
(a) comply with the REG Yacht Code;
(b) meet applicable commercial yacht safety and operational standards;
(c) maintain a clean compliance record through annual surveys;
(d) not be used as a pleasure yacht by the owner during validity of the CoBR YET, which must be carried on board and held in the certificate folder for the duration of the charter; and
(e) retain on board the original Master's Limited Trade Declaration for a YET.
Pre-charter documentation requirements
Before each charter, yachts must:
(a) remove the 'Pleasure Yacht' Certificate of British Registry (CoBR) and retain it safely on board; and
(b) include the following documents in the certificate folder:
(i) YET CoC;
(ii) CoBR YET;
(iii) charter agreement;
(iv) customs documentation for the placement of the Yacht under Temporary Admission for Commercial Activity (TACA);
(v) Master’s Limited Trade Declaration; and
(vi) customs documentation for the removal of the Yacht under TACA (for end of charter).
Post-charter documentation requirements
After each charter:
(a) YET-related documents must be removed and safely retained on board; and
(b) the 'Pleasure Yacht' CoBR must be reinstated in the certificate folder.
The YET regime offers significant operational and financial flexibility:
(a) ability to generate charter income without full commercial conversion;
(b) no requirement to repeatedly switch between pleasure and commercial registration;
(c) reduced VAT and customs disruption, including no need to leave the EU when changing use;
(d) continued private use without VAT exposure (outside charter periods);
(e) reduced regulatory risk associated with extended private use;
(f) potential access to VAT relief on certain works, depending on circumstances; and
(g) the Temporary Admission 18 month period is paused each time the yacht is used under YET and placed into the TACA for a YET regime.
Authors
Key contacts
Partner
Cayman Islands
Senior Counsel
Cayman Islands