Temporarily leaving US Aircraft N registered
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Temporarily leaving US Aircraft N registered
I have read several forums on creating US corporation or trusts to allow Canadians to buy a N registered machine and then leave it N registered. I don't want to do that....
What I am trying to do is buy an N registered, transfer ownership to me, leave it N registered for 2-3 months and then import it. Has anyone done this by just using a US-resident friend's address and registering for a short period?
Or transfer the ownership to the friend before importing it?
Thoughts?
What I am trying to do is buy an N registered, transfer ownership to me, leave it N registered for 2-3 months and then import it. Has anyone done this by just using a US-resident friend's address and registering for a short period?
Or transfer the ownership to the friend before importing it?
Thoughts?
Re: Temporarily leaving US Aircraft N registered
You have some mighty generous friends if they'll register an airplane in their name for you. But that is about your only option. As soon as the ownership of an N registered aircraft passes to a non US citizen or resident, the registration is instantly invalidated and the aircraft grounded.
DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
Re: Temporarily leaving US Aircraft N registered
kenmore air harbour held the title on ours for 2 years, with the changes in taxes I can see more folks leaving it US reg'd Many companys will do it in a trust, all you have to do is pay CRA, and ignore TC when they complain
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Re: Temporarily leaving US Aircraft N registered
Want to bring some info into the thread.. It's a slippery slope when considering the N Registry in Canada. (we hear it now and then ) CARs 202.42 spells out some of requirements that should be carefully considered. Paying the tax is one thing, but it's the time spent in Canada that's the challenge. Maybe your principal is fine with a "Don't ask don't tell" philosophy but with the unfortunate accident in Les Îles-de-la-Madeleine https://en.wikipedia.org/wiki/2016_Magd ... MU-2_crash it remains to be seen how long TC keeps their eyes averted as rigpiggy mentioned.
Non-Citizen Aircraft Trusts: Clark and Company
http://www.yyzlaw.com/2012/06/25/non-ci ... -trusts-2/
The CARs Reg for your reference. *Emphasis is mine
Division V — Operation of Foreign Aircraft
Period of Time Present in Canada
202.42 (1) Subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless
(a) the foreign state is a contracting state;
(b) the operator of the aircraft is
(i) the foreign state,
(ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or
(iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and
(c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada
(i) in accordance with an air operator certificate, or
(ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada.
(2) For the purposes of calculating the 90-day period,
(a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and
(b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace.
With all that said you may still think it's still worth the gamble? The fines for 202.42 are $5k Individual and $25K for the Corporation.. You may still decide to do a cost assessment and decide that it's worth the price. What will your principle think if they're grounded for awhile while you scramble to get your ducks in a row? *True cost will be missing the multi million deal and/or paying for a last minute charter trip at full price
If you want to run a top operation and you've read this far, why not help us make this better? We need your ideas and input. No one operator can make this happen.. Together we can try to craft a policy that works coast to coast to coast.
Know what's right, do what's right...
Non-Citizen Aircraft Trusts: Clark and Company
http://www.yyzlaw.com/2012/06/25/non-ci ... -trusts-2/
The CARs Reg for your reference. *Emphasis is mine
Division V — Operation of Foreign Aircraft
Period of Time Present in Canada
202.42 (1) Subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless
(a) the foreign state is a contracting state;
(b) the operator of the aircraft is
(i) the foreign state,
(ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or
(iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and
(c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada
(i) in accordance with an air operator certificate, or
(ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada.
(2) For the purposes of calculating the 90-day period,
(a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and
(b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace.
With all that said you may still think it's still worth the gamble? The fines for 202.42 are $5k Individual and $25K for the Corporation.. You may still decide to do a cost assessment and decide that it's worth the price. What will your principle think if they're grounded for awhile while you scramble to get your ducks in a row? *True cost will be missing the multi million deal and/or paying for a last minute charter trip at full price
If you want to run a top operation and you've read this far, why not help us make this better? We need your ideas and input. No one operator can make this happen.. Together we can try to craft a policy that works coast to coast to coast.
Know what's right, do what's right...
Re: Temporarily leaving US Aircraft N registered
I am not trying to operate the aircraft in Canada with a N number. I just want to buy it in the US, leave it in the US for a short period....say 2 months and then import it. But I want to leave the N registered while it sits in the US.
Re: Temporarily leaving US Aircraft N registered
If you transfer ownership to your US buddy, I can't see how TC or the FAA could have a problem with a US citizen owning a US registered aircraft.
Re: Temporarily leaving US Aircraft N registered
As long as you're ready to leave it grounded in the US where it sits, until the import is completed and the new Canadian registration is issued and taped over the old reg, then there's no problem buying it yourself and leaving in the US.harleyboy wrote:I am not trying to operate the aircraft in Canada with a N number. I just want to buy it in the US, leave it in the US for a short period....say 2 months and then import it. But I want to leave the N registered while it sits in the US.
DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
Re: Temporarily leaving US Aircraft N registered
Why not put the Canadian registration on it right away?