Johnny Foreigner owning a VH Registered Aircraft
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Johnny Foreigner owning a VH Registered Aircraft
I wonder if someone can help me on this. I am a UK national who does NOT have permanent residency in Australia. I am here on a work visa. I am looking at importing/buying a plane & putting it on the VH register.
After consulting with the CASA, although I can be a VH registered 'holder', I am not an eligible to be a VH registered 'operator'. So it looks like I can own the aircraft, but not legally fly it
To be an 'operator', you need to be Australian resident or an Australian company (with a ACN). It looks relatively easy to set up an Australian company on the web. So there is a way around this issue.
Has anyone followed this path, and are there any additional problems/requirements about an Australian company being an 'operator' instead of an individual (aside from company reporting requirements etc).
Any insight appreciated......
After consulting with the CASA, although I can be a VH registered 'holder', I am not an eligible to be a VH registered 'operator'. So it looks like I can own the aircraft, but not legally fly it
To be an 'operator', you need to be Australian resident or an Australian company (with a ACN). It looks relatively easy to set up an Australian company on the web. So there is a way around this issue.
Has anyone followed this path, and are there any additional problems/requirements about an Australian company being an 'operator' instead of an individual (aside from company reporting requirements etc).
Any insight appreciated......
The operating company would have to be resident in Australia, which means that at least one director would also have to be/remain resident and all decisions regarding company business would have to be taken in Australia and there are probably other legal complexities worth exploring.
Anyway, if you're going to ask another Australian resident to become a director and by definition, be responsible for the airworthiness etc of the aircraft, wouldn't you be better off finding a willing helper to be co-owner or at least registered operator? Save you all the company malarkey.
Having said that, it's worth exploring the liability aspects of it. I had an interesting podcast covering the liablities of operating an aircraft in the US - not directly translatable to Aus, but worth a listen nonetheless. Unfortunately I can't find it right now...
FWIW,
A
Anyway, if you're going to ask another Australian resident to become a director and by definition, be responsible for the airworthiness etc of the aircraft, wouldn't you be better off finding a willing helper to be co-owner or at least registered operator? Save you all the company malarkey.
Having said that, it's worth exploring the liability aspects of it. I had an interesting podcast covering the liablities of operating an aircraft in the US - not directly translatable to Aus, but worth a listen nonetheless. Unfortunately I can't find it right now...
FWIW,
A
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Hands up how many individual aircraft owners have had to supply proof of their eligibility to CASA when they bought or registered an aircraft. I would bet zero.
Johnny:
Plan A: Just nominate yourself - you would get away with it un-noticed.
Plan B: do you have an Aussie mate who would be prepared to be nominated as the registered operator? Doesn't have to be a pilot - just has to be an Aussie.
Plan C: Would an RAAus 2 seat recreational aircraft (maybe an LSA) fulfil your need to aviate - just outside CASA's grip?
Plan D: Bring in a foreign aircraft and just fly it. Plenty of those already here.
Johnny:
Plan A: Just nominate yourself - you would get away with it un-noticed.
Plan B: do you have an Aussie mate who would be prepared to be nominated as the registered operator? Doesn't have to be a pilot - just has to be an Aussie.
Plan C: Would an RAAus 2 seat recreational aircraft (maybe an LSA) fulfil your need to aviate - just outside CASA's grip?
Plan D: Bring in a foreign aircraft and just fly it. Plenty of those already here.
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many thanks for the advice. I think the aussie company route seems the best option..at least I will be able to claim back some of the GST!
I never thought of keeping it N- registered. Excuse my huge lack of knowledge but what would be involved keeping it registered overseas but flying here in oz
Thx
I never thought of keeping it N- registered. Excuse my huge lack of knowledge but what would be involved keeping it registered overseas but flying here in oz
Thx
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at least I will be able to claim back some of the GST!
daviojk,
There is no limit to how long a non-VH- aircraft can be flown in Australia, on private operation. You have to comply with GST rules, but that is nothing to do with CASA. And that does NOT automatically mean you have to pay GST on an import, you need expert advice on that one.
Nobody in their right mind would register an aircraft in Australia, if they had a practical alternative.
NZ or N- probably the best for a small GA aircraft, lots of choices if you have something bigger, Bermuda, Aruba, Isle of Mann are several that come to mind. Do not even think about several West African countries that offer such services.
Just about all of them require a "nominal" residence of some legal form in the country of registry, but it is seldom a barrier, just an expense.
Tootle pip!!
There is no limit to how long a non-VH- aircraft can be flown in Australia, on private operation. You have to comply with GST rules, but that is nothing to do with CASA. And that does NOT automatically mean you have to pay GST on an import, you need expert advice on that one.
Nobody in their right mind would register an aircraft in Australia, if they had a practical alternative.
NZ or N- probably the best for a small GA aircraft, lots of choices if you have something bigger, Bermuda, Aruba, Isle of Mann are several that come to mind. Do not even think about several West African countries that offer such services.
Just about all of them require a "nominal" residence of some legal form in the country of registry, but it is seldom a barrier, just an expense.
Tootle pip!!
