Revenue and Customs Brief 46/07
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Issued 15 June 2007
Marine Voyages Relief – Treatment of Diving Clubs
1. The guidance in this note seeks to clarify the eligibility of diving clubs
to claim marine voyages relief.
Eligibility of Claimant
2. The first consideration is whether the club is entitled to claim. The
definition of “qualified claimant” is set out in Law and is usually the owner of
the vessel making the voyage, therefore if the boats used are in private
ownership the club will not normally be a qualified claimant.
Exceptions to this will be if the club:
- formally chartered the vessels from the owner, or
- is appointed by the owner as sole agent for the vessel(s) in accordance
with paragraph 4.1 of Public Notice 263; and
- holds written authorisation from the owner or master to claim on their
Eligibility of the voyage
3. No relief is allowed for private pleasure craft. The definition of private
pleasure craft is:
- craft used other than for commercial purposes and particularly not
- for the carriage of paying passengers or
- for transporting goods/supplying services for a consideration or
- used by public authorities
Generally, boats used by diving clubs will be considered private pleasure
craft as they are used by club members in pursuit of a hobby.
4. Paragraph 2.5 of Notice 263 details exceptions where marine voyage claims
are allowed in respect of vessels used for pleasure purposes. The exceptions
include voyages made by boats hired out for diving, fishing, water skiing, etc
carrying paying passengers and/or appropriate equipment and/or providing
5. Diving club members normally pay a subscription which covers boat use and
as the divers are non-paying passengers the club cannot claim relief. The ‘grey
area’ for diving clubs is where its members may make additional payments for
trips i.e. instead of, or over and above their subscriptions to cover fuel
costs, etc. Members do not constitute paying passengers in these circumstances
as they are club members effectively using their own boat for pleasure purposes.
Therefore claims cannot be made in these circumstances.
6. Where a diving club hires out a boat with a crew to non-members or takes
paying passengers who are non-members on a diving trip these particular voyages
are considered to be commercial and eligible for relief. In addition, where
diving club boats are used as safety/rescue vessels on a voyage either solely
for this purpose or in conjunction with another commercial purpose then relief
may be claimed. This is subject to the conditions in paragraph 2.4 of Notice
7. Public Notice 263 will be amended in due course. The current version is
available on our website within the Leaflets and Booklets/Excise/ Oils public
8. If you have any queries regarding this note please contact our
National Advice Service (NAS) on 0845 010 9000
About the Author
© Crown Copyright 2007.
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updated regularly and may be out of date at time of reading.
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Article Published/Sorted/Amended on Scopulus 2007-06-15 20:54:53 in Tax Articles