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  #61  
Old 03.02.2020, 15:33
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Re: Driving a Swiss Registered Car in the EU by a Dual CH and EU Residence Permits Ho

As usual lots of misinformation in this post. OP would do well to ignore most (but not all) of it.
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  #62  
Old 03.02.2020, 15:51
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Re: Driving a Swiss Registered Car in the EU by a Dual CH and EU Residence Permits Ho

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I you truly had read this thread, you would have a come across this statement:

IT IS NOT ABOUT CITIZENSHIP. IT IS ABOUT RESIDENCY.

So here it is once again:

IT IS NOT ABOUT CITIZENSHIP. IT IS ABOUT RESIDENCY.

YES I AM AWARE OF THIS!


However the OP wasn't truly resident in the UK and still had problems. I was thinking abut avoiding the use of my UK passport to avoid problems that may occur anyway! However once Brexit kicks in properly, maybe it won't even be an issue as I'll be 100% non-EU.
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  #63  
Old 03.02.2020, 16:11
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Re: Driving a Swiss Registered Car in the EU by a Dual CH and EU Residence Permits Ho

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However the OP wasn't truly resident in the UK and still had problems.
He had a common format residence permit So, let's wait and see what the court will say after prosecutor and defense made their cases.

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I was thinking abut avoiding the use of my UK passport to avoid problems that may occur anyway! However once Brexit kicks in properly, maybe it won't even be an issue as I'll be 100% non-EU.
It is not an EU problem either. A customs code is drawn up like this:
1) Any import has to be taxed and duty shall be levied.
2) Import means goods crossing the border.
3)There are exemptions, specially for non resident tourists.

Still the same issue if the UK authorities think you are a resident of the UK for custom purposes. The one thing that changes is that the customs area UK is part of will be much smaller and you will have less problem when you go to Austria, Italy, etc. as an UK resident driving a CH plated car.
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  #64  
Old 03.02.2020, 17:02
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Re: Driving a Swiss Registered Car in the EU by a Dual CH and EU Residence Permits Ho

I've not read this entire thread but I think the Austrian customs officer is being over zealous. Fact is you live in Switzerland and pay taxes here, you can then lawfully drive a Swiss registered car in the EU, same as EU citizens can drive a EU registered car in Switzerland.

Besides, what are you supposed to do? You cannot drive an EU registered car in Switzerland so you'd have to drive to the border, park your car, walk over and rent a car on the other side.

I would contact the Austrian embassy to see if this can be resolved, and perhaps also the Swiss ministry of foreign affairs.

Perhaps, and I'm not sure here, get a Carnet from the TCS (if they still issue them) which would allow you to drive your Swiss car in Austria but would need stamping on the way in and again when you leave.

However, the fact remains you are Swiss resident and should not have to go through this.
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  #65  
Old 14.06.2020, 11:12
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Re: Driving a Swiss Registered Car in the EU by a Dual CH and EU Residence Permits Ho

Hi everyone,

Just an update on the case, upon a complaint lodged by my Austrian lawyer with more evidences and dissecting the findings in their initial decision that I’m liable (e.g. that I spent more than 90 days in UK instead of 15 days in 2019 because they assumed UK have exit stamps on passports, the Austrian Customs agreed I wasn’t liable to pay anything as I am eligible for VAT relief because my habitual residence is Switzerland and there may have been an act of illegality on their part in how they interpreted the law.

Phew!
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Last edited by princeali; 14.06.2020 at 13:22. Reason: Context
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