Boat Purchased Overseas

GST implications in reimporation

Scenario:

I am currently looking into purchasing a boat for personal use. Here are the details: 
 
  • I am an Australian resident, considering purchasing an Australian boat that is registered in Australia from an Australian resident owner; 
  • The money is going to be transferred from one Australian bank account to another Australian bank account; 
  • The boat was previously imported into Australia in the late 1990s. All import fees and taxes were paid at the time. 
  • It was for many years in Australia and then taken overseas by the owner. It has been overseas for three years. 
  • Due to health reasons, the owner wants to sell the boat overseas as his condition prohibits him to return the boat to Australia 
  • I would like to buy the boat and bring it back to Australia  
  • Both parties are not registered for GST or required to be registered. 
  • The boat is for personal use only. No modifications have been made to the boat. 
Is GST payable when I bring the boat back to Australia? 
 
Explanation:
 
According to the above scenario, it appears that the reimportation of this vessel would be treated as a taxable importation under s 13-5 of the GST Act and hence attract GST. The exemption in s 42-10(2) would not apply in this case. The subsection provides that the reimportation of goods acquired prior to 1 July 2000, is a non-taxable importation where all the following conditions are met: 
  • the importer manufactured, acquired or imported the goods prior to July 1, 2000 
  • the ownership of the goods has not changed 
  • the goods have been exported and then imported without alteration, and 
  • the importer did not and was not entitled to claim a refund under the tourist refund scheme when the goods were exported.  
Since ownership of the goods is going to be changed in this case, the exemption would not apply.