Buying · Selling · Ownership

Yacht Transaction Structuring

The right structure protects your yacht, your family and your investment — long before the keys change hands.

Why Structure Matters

A yacht is a vessel, an asset, and an operating business

Every yacht we transact — from a coastal cruiser kept on the Gold Coast to a 50-metre flagship moving between the Mediterranean and the Whitsundays — sits inside a structure of ownership entities, flag and registry, finance, tax, insurance and crew. Get that structure right at the outset and it quietly supports every voyage. Get it wrong and it surfaces, expensively, exactly when it shouldn’t. After 60+ years in the industry, Leigh-Smith Yachts coordinates the lawyers, accountants, lenders, surveyors and flag agents so that you, as the owner, see one project plan rather than a dozen invoices.

Legal & Tax Structuring

Coordinated guidance across ownership entities, GST, luxury car tax equivalents, import duty and capital gains — so the structure you settle on supports the way you'll actually use the yacht.

Flag, Registry & Jurisdiction

Advice on Australian, Cayman, Marshall Islands, BVI and Maltese flags, recreational versus commercial registration, and the cruising permits required for your intended waters.

Risk, Compliance & Crew

From MARPOL and SOLAS compliance through to crew employment, payroll, and seafarer agreements — your obligations are mapped before contracts are signed, not after.

Transaction Pathways

Buying and selling — structured end to end

Buying

Acquiring a yacht — new build or brokerage

  • Pre-contract due diligence: title, encumbrances, builder’s certificate, MSA/AMSA records and class history
  • Memorandum of Agreement (MOA) review — typically MYBA, NYBA or Norwegian Saleform — with deposit, sea trial, survey and closing milestones
  • Choice of acquisition vehicle: personal name, family trust, Pty Ltd, SMSF (rarely appropriate), or offshore SPV for commercial use
  • Import strategy: bonded delivery, temporary importation, or full clearance with GST and duty
  • Funding structure coordinated with our Finance desk — marine mortgage, recourse vs. limited-recourse, currency of facility
  • Closing protocol: simultaneous funds flow, protocol of delivery and acceptance, deletion from prior registry, new flag entry
Selling

Selling or transitioning ownership

  • Pre-listing review of survey history, class status, warranty transfers and outstanding finance
  • Vendor disclosure pack prepared with our Yacht Marketing team to minimise post-contract renegotiation
  • Sale entity planning where the yacht is held in trust, company or partnership — including CGT and GST treatment on exit
  • Negotiation of MOA terms: deposit handling in escrow, condition of survey, allowances and exclusions
  • Coordinated closing with the buyer’s lender, flag state and classification society to avoid demurrage at handover
  • Post-sale obligations: deletion certificates, crew offboarding, insurance run-off and warranty notifications
Discovery Checklist

Eight questions we work through with you first

  • Intended cruising grounds for the first 24 months
  • Private, mixed-use or fully commercial operating profile
  • Number of beneficial owners and their tax residency
  • Whether the yacht will be financed and the lender’s preferred flag
  • Crew complement and where the master will be based
  • Run-rate operating cost expectations
  • Exit horizon and likely re-sale jurisdiction
  • Succession and estate planning considerations
Our Process

From first conversation to keys in hand

01

Discovery

We map your usage profile, cruising plan and ownership preferences with you and your advisers.

02

Structure Design

Entity, flag, finance, tax and crew options compared side-by-side — with indicative running cost.

03

Contract & Closing

MOA negotiation, escrow, survey, sea trial, classification, registry deletion and re-flagging coordinated.

04

Ongoing Ownership

Marina, fuel, insurance and refit programs handed across to our Ownership team.

Start a Confidential Conversation

Speak with our transaction team

Whether you’re scoping a new build, considering an offshore acquisition or preparing to sell, the first conversation is private and obligation-free.

Frequently Asked Questions

Common questions, answered

No. We are yacht brokers and project managers, not lawyers, accountants or licensed tax agents. We coordinate the transaction and work alongside your maritime lawyer, accountant and lender — and we can introduce you to specialists we have worked with for many years if you don’t already have advisers in place.

Should I buy the yacht in my own name or through a company or trust?

It depends on how the yacht will be used, who will benefit, where it will cruise, and your succession plans. Personal ownership is the simplest path for purely private Australian use. A company or trust often makes sense for shared ownership, asset protection or estate planning. We map the trade-offs with your advisers before contracts are signed.

What flag should my yacht fly?

Most Australian-resident owners cruising domestically register under the Australian flag through AMSA. Owners planning extended Mediterranean, Caribbean or global cruising commonly consider Cayman Islands, Marshall Islands, BVI or Malta for tax, financing and survey reasons. Lender preference and crew nationality all weigh into the decision.

How is GST handled when I import a yacht into Australia?

Generally 10% GST plus 5% import duty (where applicable) is payable on the customs value at the time of clearance. Temporary importation, bonded storage and certain commercial structures can defer or alter the position. This is one of the first questions we address on an offshore acquisition.

Do you handle the conveyancing and registration paperwork?

We project-manage the closing — coordinating the maritime lawyer, classification society, flag registry, lender and broker on the other side — so that funds flow, protocol of delivery, deletion and re-registration all land on the same day. The legal instruments themselves are drafted by qualified maritime counsel.

Important Notice

Leigh-Smith Yachts is an international yacht brokerage and project management firm. We do not provide legal, tax, accounting or financial product advice. Information on this page is general in nature and is provided for orientation only. Before entering into any yacht acquisition, sale, ownership or registration arrangement, you should obtain advice from a qualified maritime lawyer, accountant and licensed adviser taking into account your personal circumstances.