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  #1  
Old 05-03-2009, 11:27 AM
skyflies skyflies is offline
 
Join Date: Mar 2008
Location: Fremont, CA
Posts: 39
Default Foreign Ownership of "N"-Numbered aircraft

Quote:
Originally Posted by dan carley View Post
i just checked the airworthy cert. it says unlimited not limited. i've recieved a lot of email from people again but i think it's from people dreaming not buying. not being rude but if your not in the market to purchase a plane please don't email me about pictures and information. so if anyone is ready to buy a good rv-4 at a below market price then let me know.

dan carley
rv4
n14ft
If there was a way I could own an N registered airplane, I'd be talking to you. I have the cash but not the right colored passport.

Last edited by Ironflight : 05-04-2009 at 10:38 AM. Reason: Started a new thread to get this interesting discussion out of an individual's Classified Ad!
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  #2  
Old 05-03-2009, 07:22 PM
heliace heliace is offline
 
Join Date: May 2009
Location: Dominican Republic and Canada
Posts: 1
Default ???

I was sure that with greenbacks, anyone can own an N registered aircraft???
Export c of a, insurance and fly her home....
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  #3  
Old 05-04-2009, 05:17 AM
pierre smith's Avatar
pierre smith pierre smith is offline
 
Join Date: Jan 2005
Location: Louisville, Ga
Posts: 7,840
Default Negative........

....A non US citizen cannot own an aircraft here. I built a Cassutt back in '73 and I had not become an American citizen yet (from South Africa) so it was in my wife's name. This despite the fact that I had just served three years in the U.S. Army.

Regards,
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RV-10, 510 TT
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Air Tractor AT 502B PT 6-15 Sold
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  #4  
Old 05-04-2009, 06:05 AM
skyflies skyflies is offline
 
Join Date: Mar 2008
Location: Fremont, CA
Posts: 39
Default

Quote:
Originally Posted by pierre smith View Post
....A non US citizen cannot own an aircraft here.
The least you need is a Green Card and I don't have that either. Considering the prices of aircraft right now, it is incredibly frustrating not to be able to buy one.
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  #5  
Old 05-04-2009, 08:51 AM
dougsnash dougsnash is offline
 
Join Date: Dec 2008
Location: NW Ontario, Canada
Posts: 10
Default Foriegn ownership of a US registered aircraft

It might not be possible for a foreigner to own a US registered aircraft but it is possible for a foreigner to own a US based corporation. And likewise, it is possible for a US corporation to own a US registered aircraft.

Simple solution, it you live outside the US and want a US registered homebuilt, start an LLC (Limited Liability Corporation). The company owns the plane and you get to fly it.

I am far from a lawyer but I do know of someone (from Canada) who did this with an RV for several years.

Doug MacDonald
RV-4 dreamer
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  #6  
Old 05-04-2009, 09:47 AM
skyflies skyflies is offline
 
Join Date: Mar 2008
Location: Fremont, CA
Posts: 39
Default

Quote:
Originally Posted by dougsnash View Post
It might not be possible for a foreigner to own a US registered aircraft but it is possible for a foreigner to own a US based corporation. And likewise, it is possible for a US corporation to own a US registered aircraft.

Simple solution, it you live outside the US and want a US registered homebuilt, start an LLC (Limited Liability Corporation). The company owns the plane and you get to fly it.

I am far from a lawyer but I do know of someone (from Canada) who did this with an RV for several years.

Doug MacDonald
RV-4 dreamer
I don't want to derail the thread, but do want to clarify something.

The corporation has to be majority owned by US shareholders, which is why many foreigners use trusts. Trust ownership will double my fixed costs per year.
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  #7  
Old 05-04-2009, 10:01 AM
ArjanPlomp ArjanPlomp is offline
 
Join Date: Apr 2008
Location: Germantown, MD
Posts: 71
Default Owning an aircraft.

I'm not a lawyer, but have some experience with this (I'm not a US citizen (yet), but a greencard holder).

Green card holders can own N-registered aircraft, just not via an LLC (because the LLC would not be a 'US' citizen!).

An LLC 'owning' an N-registered aircraft has to be a 'US citizen'. The following applies:


a. Formation—the LLC must be formed in one of the states of the United States.

b. Management

(i) The president, if there is one, must be a US citizen.

(ii) At least two-thirds (2/3) of the managers, or managing officers, must be US citizens.

(iii) At least two-thirds (2/3) of the board of directors, or its equivalent, must be US citizens [we rarely see an LLC that has a board of directors or the equivalent (e.g., board of managers)].

c. Ownership and control

(i) At least 75% of the voting interest of the LLC must be vested in US citizens (typically, these people are called "members").
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  #8  
Old 05-04-2009, 11:39 AM
craigvince's Avatar
craigvince craigvince is offline
 
Join Date: Sep 2006
Location: Stockton, CA
Posts: 1,207
Thumbs up BAPU

According to an article in Aircraft Owner Magazine in Feb, '09, a non-citizen may in fact have an N-numbered airplane. The less-known provision is called a BAPU (Bases And Primarily Used) registration.

"When an aircraft registrant plans to base the aircraft in the United States, and to use the aircraft at least 60% of the time in flights that begin and end in the United States, the citizenship requirements for the registrant are relaxed. All that is required is that a US coroporation (NOT an LLC) be established to be the formal 'owner/registrant' of the aircraft; a particular box on the application for registration is checked; the address in the US where the logbooks and records of the aircraft will be kept available for inspection be supplies; and a form showing the aircraft's flight operations as being at least 60% begun and ended in the US be filled out and sent to FAA every six months."

Check with any aviation attorney, who should be able to help you establish a simple US corporation and file the necessary registration documents with the FAA.
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  #9  
Old 05-04-2009, 12:02 PM
Barry's Avatar
Barry Barry is offline
 
Join Date: Jan 2005
Posts: 112
Default

You can also check out Aircraft Guaranty. I used them for a while and it worked out fine.

http://www.agcorp.com/about.cfm

Barry
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  #10  
Old 05-04-2009, 12:55 PM
az_gila's Avatar
az_gila az_gila is offline
 
Join Date: Jan 2005
Location: 57AZ - NW Tucson area
Posts: 10,011
Exclamation Not correct....

Quote:
Originally Posted by pierre smith View Post
....A non US citizen cannot own an aircraft here. I built a Cassutt back in '73 and I had not become an American citizen yet (from South Africa) so it was in my wife's name. This despite the fact that I had just served three years in the U.S. Army.

Regards,
...the law was changed in the late 70's by Barry Goldwater Jr. - congressman in the San Fernando Valley.

My first sailplane was owned by my ex-wife, and the law changed during the two years it took me to get my citizenship.

I did have a "green card", so I think that being a permanent resident is required.
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EAA Technical Counselor, Airframe Mechanic
Half completed RV-10 QB purchased
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La Cholla Airpark (57AZ) Tucson AZ

Last edited by az_gila : 05-04-2009 at 12:57 PM. Reason: spellingg
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